This Can Happen to You?

Suppose that you as a homeowner in the Sevilla HOA asked the Association to repair your address sign located near your garage door because it does not light up at night like all other address signs in the community. You email or call the property manager to report this issue. The property manager indicates that he will send out a vendor to repair it. After several attempts to fix it, the situation remains that it does not light up.

Or

The handrail leading up to your front door is chipped and weathered and you ask the Association to repair it. In both instances you have asked the Association (Board of Directors) to resolve it, but there is no response. You email your concern again to the property manager who says that your concern will be forwarded to the Board. Nothing happens, no response. How do you get their attention? Wait another month and go to a board meeting and ask for assistance! Or document it and send another email asking for IDR (Internal Dispute Resolution). This would require someone from the Board meeting with you to discuss the issue or concern. After 30 days with no response from the Board, you ask again. The Association violates Civil Code §5910 by not participating. With no response, what are your options as a homeowner? What do you do? The only option is to ask for ADR (Alternative Dispute Resolution) which can be a process that includes mediation or arbitration, a  nonjudicial procedure that more than likely  involves a neutral party in the decision-making process. Lawyers are not always necessary, but the Board of Directors weaponizes everything and utilizes the HOA’s attorney. The HOA then wants the homeowner to spend almost $1000 for mediation because the HOA Board of Directors refuses to speak with the homeowner. Instead of utilizing the HOA’s attorney, the matter is then weaponized again and turned over to the HOA’s insurance carrier’s attorney, who will probably cover the HOA’s cost. This does happen and it happens with your Board of Directors.

Civil Code § 5910. Minimum Requirements for Internal Dispute Resolution.

A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements: (a) The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing. (b) The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for the association to act on a request invoking the procedure. (c) If the procedure is invoked by a member, the association shall participate in the procedure. (d) If the procedure is invoked by the association, the member may elect not to participate in the procedure. If the member participates but the dispute is resolved other than by agreement of the member, the member shall have a right of appeal to the board. (e) A written resolution, signed by both parties, of a dispute pursuant to the procedure that is not in conflict with the law or the governing documents binds the association and procedure that is not in conflict with the law or the governing documents binds the parties and is judicially enforceable. (f) The procedure shall provide a means by which the member and the association may explain their positions. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost. (g) A member of the association shall not be charged a fee to participate in the process.