DISPUTE RESOLUTION

There are many instances in which an association has a dispute with a homeowner and the dispute cannot be resolved between the two parties.  An alternative to litigation is to resolve the issue through alternative dispute resolution or mediation.  Mediation is a process where a third party, the mediator, works with two or more opposing parties to help the parties themselves reach an amicable settlement of their differences.  After an agreement has been reached, it is put in writing and is enforceable against the homeowner and the Board.

Another process of resolving disputes is through Internal Dispute Resolution (“IDR”) where a member can invoke this expeditious procedure for resolving a dispute between the association and the member involving the rights, duties or liabilities under the Davis-Stirling Act or the Association’s governing documents. The purpose of IDR is to provide a non-judicial forum to resolve disputes between a member and the Association that will not result in a fee or a charge to the member. The member and the Association may be assisted by an attorney or another person in explaining their positions, at their own cost.

The attorneys at The Judge Law Firm have participated in countless mediations and IDRs and due to our specialization in common interest development law, the attorneys are uniquely skilled and qualified to assist homeowner associations in resolving their disputes with homeowners.