Issues
In any large organization it seems inevitable that issues will arise. Our Association included. Most issues are resolved through discussions with the appropriate parties.
For those issues for which dispute resolution can not be achieved, Civil Codes, §5915 and §5930 provides necessary guidance. Briefly, there are three (3) steps:
- §Internal Dispute Resolution (IDR): this is a meeting between you and a member of the Board. Each party can bring one other person, and that person need not be an attorney. If resolution is achieved and documented, you are done. If resolution is not achieved then, and only then, can you go to the next step.
- Alternate Dispute Resolution (ADR): Mediation with a neutral third party. You are responsible for getting a mediator, in this regard the Superior Court of Orange County California has provided a list of arbitrators and mediators, you are not required to use anyone on this list. The requirement is that the mediator be neutral. Each party can bring an attorney. You can elect to make any decision reached binding or not binding. If you choose a binding resolution, then you can proceed no further. If you choose a non-binding resolution, and if you do not prevail, then you can go to court.
- Court Trial: You must have done an IDR and ADR before going to court (§5900(a)).
The Davis-Stirling Act, or Civil Codes §4000 – §5999 inclusive, is the statutory guidance provided in any dispute. This guidance is supplemented by the Association governing documents. In our Association this includes the Articles of Incorporation, the CC&Rs, and the Bylaws.
The Board of directors act as fiduciaries for the Association. As fiduciaries they are required to care for our finances, the common area, maintenance and to follow California laws and the Association governing documents. Defalcation of the Board in acting as an Association fiduciary caused the issues identified in this document.
Here are some of the issues which I have asked the Board to address.