CAMPOLINDO HOMEOWNERS ASSOCIATION

INTERNAL DISPUTE RESOLUTION PROCEDURE

 

 

             If a dispute arises between Campolindo Homeowners Association (hereinafter “Association”) and a member involving their rights, duties, or liabilities under the Davis-Sterling Provisions of the Civil Code, under the Nonprofit Mutual Benefit Corporation Law (commencing at Section 7110 of the Corporations Code), under the governing documents of the Association, the following procedure must be adhered to by the Association and the member prior to beginning the formal Alternative Dispute Resolution procedure set forth in Civil Code Section 1369.510 through 1369.590.

 

1. Upon a dispute arising concerning the above stated laws and governing documents, the Association and/or the member may make a written request to the other party to meet and  confer in an effort to resolve the dispute explaining the conflict and citing the section of the governing document or law at issue.

2. A member may refuse a request to meet and confer. The Association must comply with the request to meet and confer.

3. The Association’s Board of Directors shall designate at least two (2) members of the Board to meet and confer with the member.

4. Upon agreement to meet, a mutually convenient time and place shall be chosen for the meeting with four (4) weeks of agreement. The parties shall meet at that time and explain their  positions to each other, and confer in good faith in an effort to resolve their dispute.

5. A mutually agreed upon resolution of the dispute reached through this meet and confer process shall be memorialized in writing and signed by the parties, including the Board designees on behalf of the Association.

6.  The Agreement reached through this meet and confer process and memorialized in writing binds the parties and is judicially enforceable if both of the following conditions are met:

 a. The Agreement is not in conflict with law or the governing documents of the Association.

 b. The agreement is consistent with the authority granted by the Board of Directors to its designees or the Agreement is ratified by the Board of Directors.

7. A member of the Association may not be charged a fee to participate in the process.