How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
71563194
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

Our HOA Bylaws and cc and rs require our HOA board to participate

This answer was rated:

Our HOA Bylaws and cc and r's require our HOA board to participate in ADR if the titleholder requests it via the request for resolution requirements. We followed procedure as outlined in the Davis Stirling statute. They sent back a letter near the end of the 30 days which did not state an acceptance of ADR nor a rejection of ADR, only that they will investigate our perceptions of what the board is responsible for. Instead they have hired a private investigator, with a checkered past, to investigate. I googled the person and the results equal dirt bag. Previously we have had IDR and the board never complied with the agreement. On a continuing basis they ignore standard open meeting requirements and election requirements of California civil code and our cc and r's. Their 30 day time limit expires in a couple of days. I'm thinking that if I don't get a specific acceptance or denial that I should send them a letter acknowledging their denial and proceed to court. Is this correct? Is there anything we specifically should include in the letter.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

Under Davis Stirling, the homeowner does not have to wait for the HOA to go through ADR, and the owner can proceed immediately to litigation.

William B. Esq. :

(This is not true for the HOA, which is required to give the 30 days to the homeowner).

Customer:

Should we respond to their letter at all then?

William B. Esq. :

If you wish to tell them that you are proceeding directly to litigation due to their failure to respond to your ADR demand, you can do so (it never hurts if you actually intend to make use of the ADR process), and it does confirm that you are going to litigation, but it is not entirely necessary.

Customer:

Thank you.

CalAttorney2 and 2 other Real Estate Law Specialists are ready to help you