Assessment Disputes

ASSESSMENT DISPUTES

Owners have the right to dispute assessments which may have been incorrectly levied or where payments may not have been credited, etc. but they do not have the right to withhold assessments for poor service.

Owners may dispute an assessment obligation by submitting a written request for dispute resolution to the association Civil Code §1365.1(b) in accordance with internal dispute resolution (IDR) procedures.

If the parties elect alternative dispute resolution (ADR) rather than IDR, the parties must complete ADR within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. Civil Code §1369.540

An owner is not liable for charges, interest, and costs of collection, if it is established that the assessment was paid properly on time. Civil Code §1365.1(b)

Updated by ADAMS KESSLER 9/10/2008