J & N REALTY, INC.

HOA Internal Dispute Resolution Procedure  

1. Who May Start: 

Either the Association or an owner may invoke this procedure.  Either may make a written request to meet and confer to resolve a dispute.  The Board shall designate a member of the Board to meet and confer. 

2. Who Participates: 

A.    When the Association receives a written request for Dispute Resolution from an owner, it shall participate. 

B.    If the Association makes a written request for an owner to participate, the owner may elect not to participate. 

3. Non-Participation by the Owner: 

If the owner declines to participate, the Association shall begin Alternative Dispute Resolution pursuant to Civil Code §1369.520. 

4. If the Owner Participates, Then the Meet and Confer Takes Place: 

A.    Both parties shall meet and confer to resolve the dispute within forty-five (45) days of receipt of the written request by the other party. 

B.    The meeting shall take place promptly at a mutually convenient time and place.  Each party shall explain his or her position and shall confer in good faith to resolve the dispute. 

C.    The designated Board Member must deliver, or the owner receive, a written decision within ten (10) days after the meet and confer. 

D.    Bothe parties, including the Association’s representative Board member, shall sign and date a mutually agreed upon written resolution of the dispute. 

E.    If the owner participates, but the dispute is resolved other than by agreement of the owner, the owner shall have the right to appeal to the Association’s Board of Directors. 

5. If Both Parties Do Not Agree: 

A.    If the parties do not mutually agree after the meet and confer, then a neutral third party (who is mutually agreeable to both parties) shall resolve the dispute within forty-five (45) days.  The neutral third party shall make a decision and place it in writing within ten (10) days after their meeting. 

6. Appeal: 

A.    If the owner disputes the resolution, an appeal must be taken to the Board of Directors within thirty (30) days of the date of the designated Board member’s decision. 

B.    If there is an appeal, the Board must hear the appeal in executive session at its next regularly scheduled meeting and then issue a written decision within ten (10) day days. 

7. No Conflict: 

A.    The resolution must not be in conflict with the law or the governing documents. 

B.    The agreement must be consistent with the authority granted to the Board of Directors or the agreement must be ratified by the Board. 

C.    The written agreement, which is dated and signed by the parties, will bind both parties and be judicially enforceable. 

8. No Fee: 

No fee will be charged to the owner during this process. 

9. Exceptions: 

A.    Reasonable exceptions may be made to the time deadlines in the discretion of the Board. 

B.    Any exceptions will be made on a case-by-case basis. 

10. Time:

A.    The maximum time to act on request by the owner is forty-five (45) days. 

B.    The time from initiation to termination of the dispute will be no more than one-hundred eighty (180) days.