IDR Advocacy
Internal Dispute Resolution or “IDR” is an informal process where one or two representatives of an association — typically a board member and the association’s community manager — meet with a member homeowner to resolve issues informally. Civil Code section 5905 requires that associations provide a “fair, reasonable, and expeditious procedure for resolving a dispute” with its members. When the IDR procedure is invoked by a member homeowner, the association cannot refuse to participate.
Offering guidance on what is a “fair, reasonable, and expeditious dispute resolution procedure” in the IDR process, Civil Code section 5915 provides that (1) the procedure can be invoked by either party to a dispute, (2) the request to invoke the IDR procedure must be in writing, (3) if a member of the association requests IDR, the association must participate, but if the association is the one offering IDR, a member may choose whether to participate, (4) if the member participates, but the issue is resolved without that member’s agreement (such as when there are multiple members involved), then the non-agreeing member must have a right to appeal the matter to the board of directors. In addition, if the parties reach an agreement, it is legally binding so long as the agreement is not in conflict with the law or the governing documents, is in writing and signed by all parties, and is consistent with the authority the board gave the board member before the IDR or is ratified by the board afterward.
In 2014, the California legislature amended the IDR statute to codify that the parties may be assisted in an IDR meeting by “an attorney or another person” at their own cost. This means that parties can bring advocates, witnesses, translators, etc. to IDR meetings.
It benefits both associations and members to employ the IDR dispute resolution process, especially if they can resolve a disagreement early. Given how quickly a seemingly minor issue can result in expensive and protracted litigation, the zero to little cost to participate in dispute resolution is a good investment.
HOA Election & Recall Support
Navigating the intricacies of HOA elections can be challenging, but our HOA Election Support services are here to ensure your community’s leadership transitions are smooth, fair, and transparent. We specialize in providing candidate support for HOA elections, including voter outreach, candidate empowerment, and proprietary bulk nomination preparation and submission. Our tailored strategies focus on engaging residents, promoting transparent communication, and ensuring compliance with all relevant regulations. By leveraging our expertise, you can foster a harmonious community environment and empower leaders who truly represent the interests and values of your neighborhood.
In the event that a recall becomes necessary, our HOA Recall Support services offer the precision and guidance needed to address leadership concerns effectively. We assist with all aspects of the recall process, including petition management, compliance, and member mobilization. Our goal is to empower owners to best navigate a respectful and orderly recall procedure that maintains community integrity while addressing pressing issues. With a proven track record in HOA governance and a deep understanding of the unique dynamics within homeowners associations, we provide the strategic support you need to navigate recalls successfully and restore confidence in your community’s leadership.
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