As you know, Civil Code Section 5910 was recently amended regarding Internal Dispute Resolution.  When referring to IDR, Subsection (f) states, “The procedure shall provide a means by which the member and the association may explain their positions.  The member and association may be assisted by an attorney or another person in explaining their positions at their own cost.” 

 This new section allows attorneys to be present during IDR.  We recommend that Associations adopt a rule telling the membership that if an owner requesting IDR plans to have legal counsel present, that the owner notify the association no later than 10 days before the scheduled date for IDR that counsel will be present during IDR.  That way, the association will have time to contact its legal counsel to make sure the association is also represented by an attorney during IDR.