Can anyone walk me though how arbitration works?

Who is going to hire the arbitrator? This is a step before going to court. Can not take issues to court until the matter is arbitrated. If that is unsuccessful. Bot parties may hire their own arbitrator.

This basically means that you do not keep complaining but resolving. If you can not bring terms to the table you can agree with then it does nothing.

I am not sure what your personal issues are with your HOA. Arbitration is a personal matter. It is your issues with the HOA that directly effects you. If you disagree with a fine this is that time. If it is a matter of the HOA not doing it's job per your opinion this is not that approach.

This might help.

https://www.davis-stirling.com/HOME/H/HOA-Pre-Litigation-ADR

Much thanks - a big help. Attorney; likely.

Melissa - Let me give you one example: our elections were last held in 2021. Our CC&Rs says they must be annually. This is almost halfway through 2023. Obviously the elections are overdue. Obviously they are in violation of our rules.

This may help clarify arbitration: https://legaldictionary.net/arbitration. The point of arbitration is to resolve matters without going to court.

You do not hire a lawyer to work as arbitrator. There is a single arbitrator who hears both sides of the issue.

I hope that helps you if you become an HOA President again!

Who oversaw the IDR? If an agreement was negotiated, but the board rep won't sign off on it, you may need to go back to whoever negotiated the proposed settlement and see what your options are. If the board rep refused to sign it, that may be something you can use as evidence in your arbitration hearing.

As you probably know, both sides present their arguments before an arbitrator, who makes a decision. From the ones I've seen, both sides agree in advance to comply with the arbitrator's decision. Usually, they'll split the costs of the arbitrator (which may also include travel time, meals and whatever else was required to hear the dispute) and the winner agrees to reimburse the loser. There are certified arbitrators - you can try this website to look for one in your area https://www.adr.org/Arbitration

Attorneys CAN be trained as arbitrators, but some arbitration organizations mediate disputes in certain areas like insurance or securities. Years ago, the BBB in my area had a volunteer arbitration program where they trained all manners of people to negotiate settlements between BBB members and customers. I don't know if the program is still available, but I remember the training was fairly intense (about six weeks).

From the way you write this post, you are hopping mad over the IDR result or lack thereof. Considering you tried to follow the CCRs and the board rep replied "so what?", I understand, but before you do anything else, you really need to sit down, calm yourself, and then decide what your end game will be and what you're willing to do to get there. Otherwise, you'll find yourself saying and/or doing something you'll regret. Remember, even with arbitration, the rest of the board may tell you to kick rocks, and then it'll be time to get down in court - more money, time, and drama. If you win, you will have something to show the court if a lawsuit is your only option (that might also include receivership because you can show you tried to cooperate and they'll have to explain themselves.)

But even with that, the remaining homeowners won't go away if you win everything - how will all of you get along going forward? If you haven't already seen an attorney, talk to him or her about your options and see what you can find out about costs, and your chances. Anyone can sue for anything, and you might win, but they might appeal and this will go on for years. Suing is easy, collecting a judgement, not so much.

A member does not have to do ADR before suing the association in small claims court regardless of what your CC&Rs say - only if you sue in superior court. Many issues can be resolved in small claims court.

The court will ask if this been through Arbitration if that is in your documents. This was first things we studied in my law class.

I am talking the law. If arbitration is the method used to deal with issues it goes first and foremost. It fails then court. The lawyer would know this if went to court. Which would slow it down more. Arbitration is used to speed up the legal process than overload the court system.

Terri - you're genius. Thank you very much.

Melissa - you've clearly put a lot of time into trying to help. It is greatly appreciated - thank you.

In California, lawyers are not allowed in Small Claims unless they are defending a defendant upon appeal. Didn't you learn that in your Business Law class?

In Superior Court, NOT in Small Claims.

Oh I am sorry, you want your HOA represented by someone who's ONLY qualification is to be a homeowner. Which is what happens when your HOA sends someone into the court to represent them. Who do you think goes into the court for the HOA? One party the suing one? Nope. The HOA has to send a representative into small claims too. Who do you want it to be? The idiot that can't run a HOA correctly in the first place or a lawyer? Your choose... I will wait....

Again, would you want an unpaid person going to court to represent you? Already paying the lawyer for advice. Why not for going to court?

I am good enough and have gone to court for my HOA before. Hated every second of it. Plus was dragged in regardless if I had volunteered or not. The lawyer had a subpoena for me if did not do it.

I had to take off of work. Used my vacation time. Had to burn my gas. Pay for parking. Plus take the stand in a courtroom. Nervous much? All of which was for FREE! You know what you get for free? Not all that good of work.

So if you have a board member who is willing to interrupt their life and do it for free good luck. I do not know many people who would willingly go into court non professional.

Why not have a professional for professional work?

Wendy have a feeling it is the principle of it. They want elections but my guess they do not to be on the board. Just that there are "rules" and they shall be followed. It could be the people on the board who want to be on it are there. Why have elections if no need for one?

It is a permission thing? That makes no sense.

Lamenting or discussing decisions for their HOA? The people elected may not want to do the job or have no idea how to do it. Their ONLY requirement is to be an owner. Someone elected them to be on the board...

Arbitration is cheaper and faster than court. Plus no lawyers. A court has more legal ramifications and enforcement. I would want a professional to lead me in court. Getting advice from them anyways. Why not pay someone to do a professional job? I would not trust a free job. Like hiring a person off the street to do plumbing to fix a leak. Duct tape will do it but welding is better.

And you can use a lawyer in arbitration, I believe. Assuming the HOA has a lawyer (which they typically do), you must have one, too. So your cost went from thousands to thousands of thousands.

Liz
As the article points out, they probably won't do much, but it just may get your Board's attention and there isn't any cost involved:

"The California Attorney General (AG) may be the “Chief Law Enforcement Officer” of our state but that department generally will not enforce the Act. In theory, the AG will investigate alleged violations of the Corporations Code (typically complaints that boards have refused to hold meetings or permit inspection of records) but, in reality, no one in the field consulted by this author has ever heard of the AG actually doing more than simply passing an owner’s objection on to HOA operations and requesting a response."

https://echo-ca.org/article/what-happens-when-boards-violate-davis-stirling-act/