"Meet and Confer" Procedure
"MEET AND CONFER" PROCEDURE
California Civil Code Section 1363.850
- This policy applies to any dispute between the Association and an Association homeowner involving their rights, duties, or liabilities under the Davis-Stirling Act, under the provisions of the Corporations Code relating to mutual benefit corporations (commencing with Corporations Code Section 7110), or under the Association's governing documents.
- Either party to a dispute within the scope of this policy may initiate the following procedure:
- The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.
- An Association homeowner may refuse a request to meet and confer.
- The Association shall accept a meet and confer request from a homeowner unless the parties have already used this procedure to meet and discuss the same dispute within the past three (3) months and to the Association's knowledge there has been no change in any relevant circumstances since that prior meeting. In that case, the Association may accept or reject the homeowner's request at its option.
- The Association's Board of Directors shall designate a member of the Board to meet and confer with the homeowner.
- The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute.
- A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the Board designee on behalf of the Association.
- The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.
- If the dispute is resolved by a means other than with the homeowner's agreement, the homeowner shall have a right of appeal to the Association's Board. The homeowner shall submit his or her appeal in writing to the Board.
- No homeowner will be charged a fee to participate in the process.