*This is exclusively a Community Associations Institute-Greater Inland Empire (CAI-GRIE) homeowner and condominium associations industry event*.
Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR)
How to Successfully Resolve Disputes and Avoid Costly Litigation Through Effective Use of IDR/ADR.
IDR vs ADR
Internal Dispute Resolution (IDR)
An association is required to provide a “fair, reasonable, and expeditious procedure for resolving a dispute” between the association and a member involving the rights, duties or liabilities under the Davis-Stirling Act or the association’s governing documents. (Civ. Code §§ 5900, 5905.) This procedure is referred to as “Meet and Confer” and more commonly as “Internal Dispute Resolution” (IDR). The purpose of IDR is to provide a non-judicial forum to resolve disputes between a member and the association that will not result in a fee or a charge to the member.
Alternative Dispute Resolution (ADR)
Neither an association nor any of its members may file an “enforcement action” (i.e., a lawsuit) in superior court unless the parties to the dispute have “endeavored” to submit their dispute to “alternative dispute resolution” (ADR) in accordance with Civil Code Section 5930. (Civ. Code § 5930(a).) “Alternative dispute resolution” (ADR) is defined as “mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral third party in the decision making process.” (Civ. Code § 5925(a).)
Descriptions are according to https://findhoalaw.com
Tim Flanagan, Esq.
Flanagan Law, APC
Tim Flanagan supervises the corporate counsel and litigation matters for the firm. Tim began his career as a plaintiff-side litigation attorney and has taken that experience to successfully prosecute claims on behalf of community associations.
In 2019, Tim successfully argued the Orchard Estate Homes v. Orchard Homeowners Alliance case in the Fourth District Court of Appeal of California. The Orchard case was certified for publication and will be used as beneficial case precedence for HOAs in California.
Tim has represented community associations in numerous alternative dispute resolution proceedings and CC&Rs Court Petitions.
Tim’s practice includes corporate counseling where he advises boards of directors on the interpretation and enforcement of governing documents, negotiating and drafting of contracts, leases, easements and other agreements, providing guidance on compliance with the Davis-Stirling Common Interest Development Act, FEHA, ADA, and other statutory regulations, and drafting amendments and restatements of governing documents. Tim’s straightforward explanation of the legal issues aides Boards in making appropriate decisions.
Matthew Gardner, Esq.
Matthew A. Gardner is a partner of Richardson|Ober|DeNichilo who works with community associations, homeowners and HOA boards of directors to amend governing documents, resolve homeowner/member disputes, manage assessment delinquency matters and provide leadership training to volunteers and community members.
In his more than six years with Richardson|Ober|DeNichilo, Matthew has worked with clients on risk management, reserve studies, rule creation and enforcement, financial reporting and budgets as well as community governance responsibilities.
His approach to lawyering as a service gives Matthew a sense of mission. Always ready to meet clients at industry events and frequently asked to speak to groups of community leaders, Matthew has established himself as a knowledgeable, reassuring guide to the ins and outs of common interest development living. As a partner, Matthew works closely with new associates, mentoring them and acclimating them to the nuances of the common interest development industry.
In addition to amending CC&Rs and counseling clients, Matthew also manages R|O|D Collect, our delinquent assessment collection services department. Matthew provides counsel on our judicial foreclosure program and advises why we believe it is the most productive way to retrieve overdue assessment fees. He supervises the collection managers and their collection accounts.
California Safety Agency
MPS Financial LLC
Accurate Termite Pest Control
Agricultural Pest Control
Alan Smith Pools, Inc.
Andre Landscape Service, Inc.
Animal Pest Management Services, Inc
Antis Roofing & Waterproofing, Inc.
Artistic Maintenance, Inc.
Bentley Community Management, Inc.
Berding | Weil
BrightView Landscape Services, Inc.
Delphi Law Group, LLP
Elite Pest Management, Inc.
Empire Technologies Group, Inc.
Fenn Termite & Pest Control
Fiore, Racobs & Powers, A PLC
Flanagan Law, APC
Fox & Stephens, CPAs, Inc.
Goldstar Asphalt Products
Harvest Landscape Enterprises, Inc.
Horizon Lighting ,Inc.
Jain Irrigation Inc.
Keystone Pacific Property Management, LLC, AAMC
Mission Landscape Companies
O'Connell Landscape Maintenance, Inc.
Owens, Moskowitz & Associates, Inc.
Pacific Premier Bank
Park West Landscape Management
PatioShoppers Commercial Pool & Patio Furniture
Payne Pest Management
Prendiville Insurance Agency
ProTec Building Services
Riley Pasek Canty LLP
SERVPRO of Chino/Chino Hills
Tinnelly Law Group
TLG Paving Co.
Vasin Sign Solutions Inc.
Villa Park Landscape, Inc.
Vista Paint Corporation
Environmental Concepts Landscape Management, Inc.
Pacific Commercial Pools
Four Seasons Tree Care
**EXHIBITORS AS OF AUGUST 3, 2022**