Meet & Confer Policy
Associations must provide a "fair, reasonable and expeditious" procedure for resolving disputes between the association and its members. The process is referred to as "Internal Dispute Resolution" (IDR) or "meet and confer." The elements required by the Davis-Stirling Act (Civ. Code § 5910; Civ. Code § 5915) include the following:
- Request in Writing. Either party to the dispute may invoke the procedure. A request to invoke the procedure must be in writing.
- Prompt Deadlines. The parties shall meet promptly at a mutually convenient time and place. The procedure shall provide for prompt deadlines and state the maximum time for the association to act on a request invoking the procedure.
- Good Faith Effort. The parties shall explain their positions to each other and confer in good faith to resolve the dispute.
- Invoked by Owner. If a member invokes the procedure, the association must participate.
- Invoked by Association. If the association invokes the procedure, the member may choose not to participate. 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.
- Designate a Director. The board shall designate a director to meet and confer.
- Resolution in Writing. A resolution agreed to by the parties must be memorialized in writing and signed by the parties, including the board designee, on behalf of the association.
- Resolution Enforceable. A written resolution, signed by both parties, of a dispute pursuant to the procedure that does not conflict with the law or the governing documents binds the association and is judicially enforceable. A written agreement, signed by both parties, reached pursuant to the procedure that does not conflict with the law or the governing documents binds the parties and is judicially enforceable.
- Attorney Allowed. 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.
- No Fee Allowed. The association may not charge members a fee to participate in the process.
No Litigation During IDR
An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Civil Code § 5910 by engaging in good faith in the internal dispute resolution procedures after a member invokes those procedures. (Civ. Code § 5910.1.)
Annual Notice. Associations must annually notify their members of IDR and ADR dispute resolution procedures. (Civ. Code § 5920; § 5965.)
IDR as a Form of Harassment. Once an IDR has been held on an issue, boards are not required to hold repeated requests by the same owner on the same issue. A disgruntled homeowner sometimes makes repeated requests to harass boards by engaging directors in endless rounds of IDR on the same issue. Once the matter has been addressed and documented, boards can decline any further requests on that issue.
Attorneys Participating in Internal Dispute Resolution
A change in the Internal Dispute Resolution statutes that took effect January 1, 2015, allows members to bring an attorney or other person to an IDR meeting with a board member. (Civ. Code § 5910(b); § 5915(b)(4).) This change in the law creates risk for associations. The change makes no provision that owners notify the board that they intend to bring an attorney, i.e., they can ambush the board member designated to meet with them. Moreover, there is no mediation privilege. That means that anything said in IDR is not confidential and can be used against either party in subsequent litigation. If a homeowner brings an attorney to an IDR session, the meeting should immediately be rescheduled to a later date when the association's legal counsel can attend. The homeowner has no basis to complain about the postponement since California's Rules of Professional Conduct prohibits attorneys from communicating with parties without their legal counsel present. (Rule 2-100(A).)
Recommendation: Whenever a homeowner requests IDR, send a letter confirming the request and setting a date for the meeting. The letter should include language asking for advance notice if the owner intends to bring a lawyer to the meeting. Include a statement that bringing an attorney without prior notice will result in rescheduling the meeting so the association's legal counsel can attend.
ADR Comparison. See Arbitration-Mediation.
ASSISTANCE: Contact us about establishing a written enforcement procedure for your association with violation reports, form notices, hearing procedures, and updated fine schedules. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.