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August 9, 2006
Frustrated? No One Listening? Opportunities For Face-To-Face Meetings
I put this blog under Owner frustration but it could just as easily go under Board frustration. In California, if either an owner or the Board has been attempting to resolve a situation or dispute with the other, sometimes the written word (as suggested in an earlier blog as a means of addressing problems) does not work. I always think it is a good idea to work on establishing the best "paper trail" possible because if someone else is reviewing a situation, they generally glean the most credible information from the written word. Of course, the written word can work for or against you. Writings that contain facts and accurate statements are more credible than personal attacks and offensive language. Oral communications often become "he said-she said" arguments. Still, there are many cases where a face-to-face exchange may have a better result than a written "demand".
In California, owners have various options that command an audience with the Board. Pursuant to Civil Code Section 1363.05, homeowners are entitled to address the Board at any open meeting. The Board can set parameters on time (meaning time of opportunity or length of "time"), and if an owner is very offensive in their approach, it may lead to ejection from the meeting or adjournment (get legal advice on these matters if they are remedies you want to consider). Also, Owners have a right to request a meeting with the Board to discuss payment options on overdue assessments (Civil Code Section 1367.1) or request an "internal dispute resolution" meeting (dubbed IDR - Civil Code Section 1363.810 and following). If the Owner requests an IDR meeting, the Board has to comply. It may include one board member or all, but the usual advice is no less than 2 (because of the "he said-she said" possibilities). On the other hand, if the Board asks an owner to attend an IDR meeting, the Owner has the choice whether to attend or not.
There is another option available to Owners or to the Board, as a means of dispute resolution, (short of litigation and coming face-to-face in court). It's called ADR (alternative dispute resolution). Under California law, owners and boards are required in many instances when a CC&R or rule violation or board failure is involved and someone wants a court order or declaration from a judge to try and get the other side to engage in some form of ADR. (Civil Code Section 1368.520 and following) There are various forms of ADR, two of which include arbitration or mediation. If either party refuses, and there is a lawsuit, a judge can take a refusal to participate in ADR into consideration in determining an attorney fees award, so there is incentive to participate written into the law.
In a future blog I will address more face-to-face options including the reality of "hearing"s. Look for that in the Board frustration category!
Posted by Beth Grimm at August 9, 2006 9:26 PM