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RobertR13 (California)
Posts: 37
Posted:
We have a homeowner who has filed an ADR (without going through IDR first) because the board is not reimbursing him for some expenses that were not approved prior to the fact. He has now filed an ADR against the board. My question is whether this ADR filing requires to be confidential or if some other homeowners can know about this, and see how it affects their community.
TimB4 (Tennessee)
Posts: 21,061
Posted:
ADR = Architectural Design Review?

IDR = ???
RobertR13 (California)
Posts: 37
Posted:
ADR = Alternative Dispute Resolution ( in this case )
IDR = Internal Dispute Resolution
KennethS2 (California)
Posts: 36
Posted:
California Civil Code Section 5920 explains who the IDR and ADR are to be used. Your By-Laws should provide to all of the owners each year how they are informed of the IDR and ADR. per Section 5026. Davis-Stirling explains it all.

S
RobertR13 (California)
Posts: 37
Posted:
That was my first route, including searching in this forum. But was unable to find the information I was requesting for. I understand that the contents of the mediation are confidential. However, I would like to know if the actual ADR contents that was filed against the HOA Board are also confidential or not.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I'd check with your HOA attorney, Richard.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Robert,

It sounds like you want to put up a billboard to announce that a homeowner has filed a complaint so that all other homeowners will hold him in contempt. This will also keep other homeowners from availing themselves of a legal remedy for fear of also being publicly humiliated.

Just what are these expenses the homeowner seeks reimbursement for? From your limited description one could assume that the issue is not whether the association should pay but whether a particular procedure was followed. That is, your association might have paid the expenses had the homeowner sought approval beforehand.

As far as your internal dispute resolution, it sounds like that has already happened. The board turned the homeowner down on his request for reimbursement. Assuming that your board also hears IDR matters, no reasonable person would expect a different outcome as the final decision has been reached.

You also imply that the ADR complaint will have a negative effect on the community. A dispute requires at least two parties, each of whom may be as guilty as the other. Unless the homeowner has put up his own billboard denouncing the association and its directors I fail to see how a pending confidential ADR complaint would have a negative impact on the community.

RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By RobertR13 on 06/09/2014 1:37 PM
That was my first route, including searching in this forum. But was unable to find the information I was requesting for. I understand that the contents of the mediation are confidential. However, I would like to know if the actual ADR contents that was filed against the HOA Board are also confidential or not.

Yes, the contents of the actual ADR against the association (not the BOD) are considered confidential. IDR and/or ADR is litigation and litigation is considered confidential.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Jeez, I'm so used to your name and the number 13, Richard, that I got you mixed up with the op.

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