CHAPTER 10. Dispute Resolution and Enforcement

Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 5850–5986 · 23 sections

1. ARTICLE 1. Discipline and Cost Reimbursement §§ 5850–5875 · 4 sections

   • § 5850 (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the…
   • § 5855 (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for…
   • § 5865 Nothing in Section 5850 or 5855 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a…
   • § 5875 An association shall not pursue any enforcement actions for a violation of the governing documents, except those actions relating to the homeowner’s nonpayment…
2. ARTICLE 2. Internal Dispute Resolution §§ 5900–5920 · 6 sections

   • § 5900 (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit…
   • § 5905 (a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. (b) In developing a…
   • § 5910 A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements: (a) The procedure may be…
   • § 5910.1 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…
   • § 5915 (a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure…
   • § 5920 The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this…
3. ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action §§ 5925–5965 · 9 sections

   • § 5925 As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a…
   • § 5930 (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to…
   • § 5935 (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The…
   • § 5940 (a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days…
   • § 5945 If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled…
   • § 5950 (a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one…
   • § 5955 (a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred…
   • § 5960 In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s…
   • § 5965 (a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall…
4. ARTICLE 4. Civil Action §§ 5975–5986 · 4 sections

   • § 5975 (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and…
   • § 5980 An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as…
   • § 5985 (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association…
   • § 5986 (a) Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems…