By david | May 29, 2008 - 2:38 pm - Posted in Uncategorized

An auto title loan allows you to raise finance using your car. This means that you can borrow money by putting your car up as collateral. The lender retains the title of your car until your loan is duly repaid. As with all other types of loans, an auto title loan has certain benefits and drawbacks.

Pros

• You can get quick cash. If you are a car owner and draw a paycheck, getting an auto title loan is easy. You can even apply for one online; the only things you require are your driver’s license, proof of residence such as an electricity bill, and your last pay slip. Once your title of the car is verified, your loan is approved. You can get the money in hand within 24 hours.

• Your credit history does not matter. Typically, lenders do not approve loans to applicants with a bad credit history. However, with an auto title loan, bad credit is not a disqualifying factor. This makes it ideal for people with such a record.

• You can continue using your car. The car remains in your possession during the repayment period, even while you are still paying back the loan.

Cons

• You could be deceived. The idea of ready cash projected by these loans is very attractive. It may induce you to go in for them without anticipating the actual risks involved.

• You pay higher interest. An auto title loan generally carries high interest rates. Besides, every time the date of repayment is extended, this rate rises. Overtime, your total debt may be much more than your original loan.

• You could lose your car. In case of failure to repay, the lender is entitled to sell off your car to recover his dues. In this case, the lender also keeps the excess over and above your debt amount. While this is a worst-case scenario, it is a real risk.

Alisha Delphi holds a degree in Economics and Commerce from USC. She started out as a financial advisor with a bank and has moved on to become a loan consultant with more than ten years of experience. Apply for fast cash loans application now.

By david | May 20, 2008 - 2:41 pm - Posted in Uncategorized

During the time from 24 to 36 months, your child is starting to blossom. Exploration of the larger world and how it works becomes a focus of attention. Clearly identifying himself as a separate entity is another area of exploration. In terms of language development your child will be rapidly expanding his vocabulary and working on developing correct grammar and the concept of time in his speech.

The average spoken vocabulary at 24 months is 300 words and by 36 months the average spoken vocabulary is 1000 words. The receptive vocabulary (words understood but not spoken) is much larger than the spoken vocabulary (this is true throughout life but particularly apparent in the young). In addition to adding new words, your child is also listening carefully to the order in which words are used in a sentence (grammar). A child’s first attempts at communicating with others around them will be short selections of words, primarily nouns with some verbs. The other parts of speech like adverbs, adjectives, prepositions, and conjunctions will start to show up during this 12 month period of development.

Your child will also start to understand the concept of time. This is a difficult concept since it is abstract and can not be touched or handled which is still the child’s primary means of learning about something. The reasoning mind which can understand abstract concepts does not develop until age six. Nevertheless, your child will start to grapple with the concept of time by wanting to know the order or sequence of events. First we brush our teeth, and then we wash our face, and then we dry our face.

Use the following practical tips to assist your child in developing language-related skills during this period.

1. Continue to talk to your child directly and clearly. Use complete sentences. Use lots of descriptive words to introduce more vocabulary. Ask your child questions in the same way you would in a conversation with another listener. Quizzing your child is not effective because it is basically boring to the child.

Dad: We are going to the park today after your Mommy leaves for work. What would you like to do at the park?

Your Child: Slide.

Dad: Oh, you would like to slide down the slide? The park has a fun slide, doesn’t it?

2. When your child makes mistakes, do not correct them. Negative feedback does not work. Instead, rephrase what your child said to let her know you understood her and give her an example of correct grammar.

Your Child: Bear me.

Mom: Oh, you would like to have your bear. It’s nice and cuddly, isn’t it? Do you want your blanket too?

By asking questions, you continue the conversation and keep your child involved. You also give your child more words by using grown-up sentences.

3. Tell stories about the parent’s, pet’s, or child’s day. Invite your child to join in the telling.

You: Let me tell you a story about Lara (insert your child’s name here). Lara woke up this morning in her own little bed and she was happy. She got out of bed and she (pause here to see if your child will fill in her next activity) went to find her mother to say “Good Morning, Mom!” And then she went back to her bedroom and put on her clothes for the day. First on was her shirt, and then her pants, and finally her socks.

Children love to hear simple stories about themselves and others in their households. Giving your child opportunities to join in the telling of the stories helps them concentrate on the timing. In what order did the events occur? Also tell stories of “big” events in your child’s life to help them remember it. Children’s memories at this point in their development are fragile. You can strengthen their memories by retelling the event as a story.

You: Do you remember last Sunday when we went to church with Grandpa and Grandma? After church, we went to a pancake breakfast. I really like pancakes, how about you? Grandma was wearing a big hat and pretty red shoes. And after we ate pancakes, do you remember where we went?

Your Child: Tree.

You: That’s right, we went to the park and took photographs under the big tree, didn’t we? Would you like to see the pictures we took?

4. Continue to read to your child regularly. Try to have two short reading sessions a day. A child this young does not have the connections yet in their brain to remember story sequencing well. So while you may have tired of reading “Green Eggs and Ham” by Doctor Seuss, for your child it is fresh each time. Follow the words in book with your finger as you read. Have your child hold the book and turn the pages as this activity will make them aware of correct orientation and use of the book.

5. Put magnetic letters on your refrigerator. Start introducing letters by saying the sound and then showing the symbol which represents the sound. This should be a very casual event. No need to push this. Let it happen naturally. You are creating awareness of letters. Let your child handle a letter to feel its shape. Watch your child while he is playing with the letters to make sure he does not swallow the magnets. Keep the letters above child-level when you are not supervising. Children’s wooden blocks with the letters carved in the sides can be an alternative or addition to magnetic letters.

6. Make regular trips to the library. Let your child participate in Story Hour. Allow them to select two or three books to be read during the next week.

7. Let your child see you read. Set aside 10 or 15 minutes a day for your own personal reading. Right after your child’s nap is good time. Explain to your child that you are reading and will be with them shortly. They can “read” too or play quietly with a toy. By setting the example, you are demonstrating the importance of reading.

These seven tips above will continue to build your child’s vocabulary, give her the rudiments of grammar, begin the understanding of concepts of sequence and time, and start the identification of letters. By applying these tips you will be helping your child along the path to literacy.

Celia Webb is an author, illustrator, and company executive. She and her husband, Mack H. Webb, Jr., founded Pilinut Press, Inc., publishing advanced readers for children and ESL students. Their website http://www.pilinutpress.com offers more free articles on developing reading-related skills, word games and puzzles, and activity sheets for their entertaining and educational books.

The housing slump has created an opportunity for first time home buyers who were priced out of the market just a couple of years ago. Bank owned properties now account for more than half of all single family home sales in the three counties of El Dorado, Placer, and Sacramento.

Buying a bank owned property is a little different from buying from a private party in that it is strictly a dollars and cents decision for the bank. Banks are not in the business of owning or managing residential properties and they are anxious to get the properties off of their books.

They are however concerned that the sale is finalized and escrow is closed. For this reason, they sometimes want all buyers for their property to be pre-approved by a specific lender that they know and trust. In some cases, they will even specify a loan officer at the lender to qualify the potential buyers.
The condition of the bank owned property ranges from very nice to totally trashed and everything in between.

Banks do not like to do any repairs on the property before it is turned over to the new owner; depending on the bank and property they may be open to doing some work but in many cases they will do nothing.

This makes negotiating on an REO property more challenging; and working with an experienced and knowledgeable Realtor will have its rewards.

If you ask for too much your offer will go to the bottom of the stack while they look for someone they can work with more easily. If you don’t ask for enough, you may get the home but not at the best price and terms.

About the Author:

Have questions about buying a home? Find the answers in First Time Home Buyers Tips from Michael Mizuno. Michael is a local resident experienced with the communities in the Greater Sacramento area and a licensed Realtor.

By david | May 16, 2008 - 2:38 pm - Posted in Uncategorized

I’ve overheard teenage musicians mention casually they are considering teaching music to make extra money. I am compelled to butt in, “Do you enjoy teaching?” the answer I interrupt with “Are you patient?” Their response: “Like, I play wicked, teaching will be an easy gig.”

My response: maniacal laughter.

Teens, let us hear the wise old violin teacher preaching a holy sermon from atop a glorious mountain of experience: Teaching music isn’t a luxurious life of sleeping in late, illuminating the unquestioning minds of flocking prodigies through 30-minute jam sessions and writing off all your music gear and fast food meals come tax time. Lord have mercy on our souls.

Simply put, teaching music is weekly customer service, with occasional late night support calls when the instrument falls out of tune or the player is struggling. A teacher is dealing with customers who are exploring new ground, hence requiring lessons in the first place, and is responsible for helping advance them into musicians who no longer require our services.

Sounds easy, except that the most trying aspect of customer service is, oddly enough, the customer. The human collective is a random grab-bag of mixed egos and inhibitions, fears and potential, attitudes and limitations. Even the ideal customer, who listens closely, asks exactly the right questions and retains everything they have ever been taught, cannot master music in an afternoon. (At least we teachers have a semblance of job security).

Music, a vast system of pitch, velocity and rhythm that can take a lifetime to understand, has been further complicated with pedagogy. There are more styles to teach violin than there are ways to cook an egg. Each method claims theirs is the most effective way to master the instrument, they have countless scientific studies to prove it and please enter your credit card number here.

A teacher has to weed through the dogmatic hype and come out with a cohesive teaching concept that jives with their own approach to playing and learning. They also have to understand their instrument inside and out, keeping in mind a clear idea how and when to introduce new concepts as to not overwhelm the student. After carefully formulating a perfect lesson plan, the teacher will then scrap it all and reinvent their method when it inevitably doesn’t fit the student’s learning style.

A good teacher is not locked into one method or way of explaining ideas. Instead they receive feedback from the player and interpret it into a lesson that will make an impact.

What makes the most impact, you ask? Repetition. Repetition. Then you do it again. Detach yourself from how many times you’ve played “Fur Elise” or corrected that particular eighth note. There are pin-sized holes in my eardrums from “Twinkle Twinkle” and I develop an itchy rash prior to our annual Christmas recital, but I’ve found a Zen peace in accepting my fate.

I see each lesson as a new chapter in the life of a musician I am helping along. With experience, lessons have developed their own rhythm and my teaching days swoop past me.

The repetition can get to some people, like the crusty old piano teacher, the one everyone seems to have had as a child, who wielded a nasty ruler for discipling unwanted notes. I knew a guy in high school who whacked his violin students on the head with his bow whenever he, the teacher, became frustrated.

A teacher cannot crack when the student plays the wrong note for the hundredth time, so impatient musicians must carefully consider their suitability as teachers. “Penny whistle teacher needed: Psychopaths with Intermittent Explosive Disorder need not apply.”

Instead of whopping students with a pernambuco stick with hair, my aforementioned colleague could have channeled his infinite aggression into another enjoyable branch in the music industry, such as fending off broken beer bottles at the country bar or smashing double-neck guitars for screaming mobs at GM Place. Last I heard he’s still teaching at the music store, but has invested in a heavy carbon bow and a cocktail of barbiturates.

Once a player has established that teaching is a good direction to take and they have passed all the inkblot exams without incident, he or she needs to lay down a teaching foundation. Selecting a method book to use is one thing, but the teacher needs to develop a mission statement and their goals in teaching.

My mission focuses on two words: Inspiration and Encouragement. My goals include “music as a life experience” and sharing my love for violin among friends. The mission statement and goals serve as a guide whenever I am faced with a decision or problem in my work, it’s sort of an operations manual for my business. And that’s what teaching music really is: a business.

I urge all musicians who plan to make their music more than a hobby to take business classes on marketing and promotion, finances and taxes, and business plans. Learn to promote yourself because no one will know who you are if you just sit at home chatting on MSN. Keep good financial records so you are prepared for tax season. There are far too many exceptional musicians, performers and teachers who are stuck on the dole or playing for the coming and going liquor store clientèle due to poor business practices.

You don’t have to be a marketing whiz or a lawyer, though your mother would prefer such a career change so she can have her basement back. Just learn enough to keep yourself out of trouble with the tax man and to maintain a full compliment of paying, regular students. For more guidance I suggest the book “Making Money Teaching Music” by David and Barbara Newsam, available for a free read through the Okanagan Library system.

It seems to be an oxymoron, but it is possible to make money teaching music! So teenage musicians, nod your head, say “yes Rhiannon,” and do exactly everything I have ordained in the article above, then watch the money pour into your bank account.

Hallelujah!

And try not to spend it all at the music store filling the blank slots in your gear rack.

Amen.

**Rhiannon Schmitt (nee Nachbaur) is a professional violinist and music teacher who has enjoyed creative writing for years. She currently writes columns for two Canadian publications and has been featured in Australia’s “Music Teacher Magazine.”

Rhiannon (age 29, she’s not really old) has worn the hats of businesswoman, performer, events promoter, classical music radio host, school orchestra music arranger and music columnist in rural British Columbia, Canada.

Her business, Fiddleheads Violin School & Shop, has won several distinguished young entrepreneur business awards for her comittment to excellence. Her shop offers beginner to professional level instruments, accessories and supplies. http://www.fiddleheads.ca provides a rich resource of information on her school, violin, products for sale and more.

Rhiannon is also Founding President of the Shuswap Violin Society. http://www.violinsociety.ca She dedicates much of her time to community music projects and helping young musicians.

By david | May 12, 2008 - 2:42 pm - Posted in Uncategorized

Real estate business is now slowly being compared to fortune 500 companies garnering lucrative profits all over the world. The profit curve is catapulting real estate business to such heights that tax mistakes few years onwards, the industry is going to emerge as one taxes the growth hubs for the nation. And for the growth engines to be sustained the same way, accounts play a significant role. Needless to say, the accounts department is a solid foundation on which the structure of an upcoming or an established organization rests. Likewise, in the real estates sector, real estate accounting is a necessary activity which undertakes tasks such as tax payment and an efficient management of the business records. Since the accounting projects require expertise to sustain the pace of a strong finance department, professionals hired for the same purpose are diligent enough to deliver the results.

Accounting tasks basically, require expertise in combination with excellence because of the complexities involved. Like other business ventures, real estate accounting follows the same principles and methods in the maintenance of financial records. Since tax session involves the preparation of flawless tax reports, it pays to go for the precise skills of a certified accountant. In USA, proper norms and ethics are followed in maintaining the track of transactions, which have gone through the preceding financial year. Real estate accounting involves a huge maze of tasks like keeping a track of balance sheet, the ledger books and credit and debit transactions, besides others. Since these involve a proper storage for future requirement, professionals adept in the same are often outsourced from countries renowned for their services. Considered as a lifeline for most of the businesses worldwide, accounting actively assists in defining their growth parameters while curbing the losses altogether.

It goes without saying that accounting methods involve precision which are unmatchable and in this endeavor, accounting professionals undertake the responsibilities in a fair measure. Real estate accounting, likewise, demands an unwavering focus which comes taxes in the form of accounting professionals and helps an organization in attaining an unchallenged position. Managing accounts records in this way, assists a business head in garnering profits for his or her company and making it stand amongst the maze of businesses in the market. The accounting professionals have a firm hold on the ever changing market scenario and actively sharpen their expertise in services like maintenance, utilities and an efficient management of records.

The real estate accounting is a conglomeration of various tasks such as capital costs, property taxes, and insurance and depreciation charges involved in providing the assets. Undoubtedly, the strategies are same as in with any other kind of business structure, but definitely there are some points of divergence. The professionals working with the real estate accounting firms have an absolute hold on these parameters and know how to deal with the complexities arising therein. Services offered by the accountants follow core tasks which are achieved with the help of accounting software performing tasks with unmatched speed. The IT is a boon for the organizations today, as it is precise with tasks such as budgeting, distribution, payroll and accounting and similarly other areas of concern. The software used for this purpose assists in the provision of workable and flexible solutions for the accounting problems and in the subsequent value addition to the companies.

Alvis Brazma gives advice to business owners about how to manage their business efficiently without any hassles.To know more about Accounting help,accounting outsourcing, small business accounting, real estate accounting visit this leading internet source: http://www.impacctusa.com

Veterinary practices can significantly increase their number of new customers and referrals if they avoid these costly marketing mistakes. Here are five mistakes to avoid:

Mistake 1

Advertising to the wrong market. Are you advertising low price? If so, then you’ll attract people who want nothing but low prices. And the problem with this group, ‘price buyers’, is that they’re never loyal to you. Their loyalty is to low price. The minute your competitor hangs out a sign with a lower price scribbled on it, these price shoppers will leave you in a heart beat and run to your competitor. You have now lost a customer. If what you want to do is attract people who are price buyers, then, go ahead and have a field day advertising low price. But if your goal is to have a customer base of people willing to pay for the services rendered so you can make, skip advertising price. Instead, advertise value.

Mistake 2

Advertising “x percentage off” instead of dollars or free. Many potential pet customers don’t know the veterinary regular prices, so they can’t tell how much money they’ll save. Rather, introductory offers should be made in terms your potential clients can relate to. My recommendation to you is that you advertise in dollars, for example, “$25.00 off your pets’ first exam” or “Free one day boarding pass with exam.” “You save $29.99 off our regular price!” “We know your pet is going to fall in love with our vet care services. We know Fido will beg you to take him back - that’s why his first visit is on us!”

Mistake 3

Not advertising your Unique Selling Proposition (USP). One of the purposes of marketing is to let your prospective clients know how you’re unique. One of the things that set you apart from your competitor is your USP. Your first step is to start by pointing out what it is that you do that’s different from everybody else. For instance, the USP for your veterinary business might be superb customer service and a practice dedicated to the wellness and preventive care for pets in which a program is customized for each individual pet and owner’s lifestyle.

Be sure to feature your unique selling proposition in the headline of your ads.

Mistake 4

Failing to distinguish yourself; to share how you are different from all the other veterinary practices competing for business. Pet owners want their animals to have a very good experience when choosing a veterinary operation. So, it’s your responsibility to let prospective clients know what makes you the better choice. In your ads, if you say, “XYZ Veterinary Center”, you’re not saying anything different from other veterinary centers. Instead, tell your prospective pet owner clientele why customers choose you instead of running to your competitors. Highlight different services your business offers, Annual exams & vaccination, spaying & neutering, free teeth cleaning for birthdays.

It’s crucial that you reassure your potential customers that their pets’ visit to your practice has a satisfaction guarantee.

Mistake 5

Not staying in touch with your customer base. Your customers are the source of your current business and future referrals. As soon as they feel you don’t care about their beloved pets and their business, they’ll go somewhere else. If you want to stay in business then you will stop everything you’re doing right now and publish a regular newsletter. This newsletter does not have to be filled with advice on pet care. No. No. On the contrary, I’m giving you permission to make it fun, fun, fun. You can provide your customers relevant information about your veterinary services, of course, perhaps a photo of “Pet Of The Month” with a brief blurb sharing any quirky habits, and even an inspirational quote and a couple of funny stories will do just fine. By sending out this newsletter you will be establishing trust with your customers and win over their loyalty to your business for many years to come. And this is what you want, right?

Yves Marie Danie Baptiste is an expert in small business marketing and skilled in strategic methods to put into place in your small business practice to stop the financial bleeding and increase sales.

Click here: Medical Marketing for more information on how to powerfully market your veterinary practice and explode your profits.

Have you ever thought as to what business venture are you going to engage into? Or it has not occurred yet and much more has not in sunk yet that you have not yet thought about it at all? Are there any guidelines or some sort of a protocol that you need to follow in choosing the perfect home based business for you? Well, the choosing of a business to engage in whether it is online or otherwise is basically dependent on the following factors:

a. Know what you are interested about and equate it with what you are passionate in doing. This personal preference is an important aspect in choosing the right kind of home based business because the passion that you have will basically drive you to excel better with it. Your interest on the other hand will allow you to patiently dig more and learn more without having the feeling of boredom and saying it no. As such, when you are at the deciding moment as to what to choose, you need to make sure that you consult your inner self as to what you basically are up to.

b. One of the external factors that you need to consider in choosing the right business for you is the pulse of the potential market. You need to make sure that you made a close contact with your potential client and have known from them what they demand from business enthusiasts like you. When you are able to finally isolate this need, then work on your own premise on how you can make this endeavor possible.

c. Consolidate all your resources and be able to organize them well. These resources are the ones that will make your business fully functional. As such, being these important, you need to make sure that they are properly handled and controlled.

Do you want to learn more about how I do it? I have just completed my brand new guide to article writing success, ‘Your Article Writing and Promotion Guide’

Download it free here: Secrets of Article Writing

Do you want to learn how to build a big online subscriber list fast? Click here: Secrets of List Building

Sean Mize is a full time internet marketer who has written over 9034 articles in print and 14 published ebooks.

By david | - 2:38 pm - Posted in Uncategorized

If you have always found that filing your federal income tax return is a daunting task you will find that there are many different software programs out there that can help you make short work of this process. You need to file your taxes, but that doesn’t mean that you need to be stressed out about it. These software programs really do make filing your taxes so much easier.

One of the biggest benefits of using tax software is that you don’t have to worry about human error. Many people have been audited in the past for really simple mistakes that they didn’t catch when they were reviewing their return. When you use these programs all you have to do is enter your information into the system and the rest is done for you. You don’t have to worry about the basic addition and subtraction that needs to be done in the process of filling out your return.

In addition to doing all of the math for you, these programs will also allow you to import your tax documents into the program. Instead of having to manually enter all of the information you can simply import them from your employer. This will reduce or even eliminate the need for you to enter any information into the system! When you import documents such as your W-2 you will really make short work of the tax filing process!

Filing your federal taxes is not only easier with these software programs, they can also help you reduce your tax liability. You may not be aware of all of the deductions that you are eligible for. The programs are often able to ask you the right questions to help you input the right deductions into your return. You will reduce your tax liability as a result, which is always a good thing.

A lot of people don’t want to file their taxes because they are under the impression that it is simply too difficult. Using a software program will allow you to see that filing your taxes isn’t something that you need to put off. You’ll still need to allot sometime to get the process completed, but the process will be a lot more enjoyable and in the end you will feel confident about your return instead of worried that you have made a mistake somewhere.

More and more people are using software programs to file their taxes because it simply makes sense. You can save money and have more accurate returns, thus reducing your chances of being audited in the future. These programs walk you through step by step, so even if you have never filed your taxes in such a way, you will find that it really is the easiest way to file!

Caitlina Fuller is a freelance writer. If you have always found that filing your federal income tax return is a daunting task you will find that there are many different software programs out there that can help you make short work of this process. One of the biggest benefits of using tax software is that you don’t have to worry about human error.

By david | May 3, 2008 - 2:39 pm - Posted in Uncategorized

Facts.

You have a disagreement with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation over this issue. You are looking for a non-litigation alternative to resolve your disagreement with your association. Are there any such alternatives available?

Legal Analysis.

There are two approaches that are available. The first is internal dispute resolution. The second is alternative dispute resolution.

1. Internal dispute resolution.

Internal dispute resolution is governed by Civil Code sections 1363.810 to 1363.850. Internal dispute resolution requires that the association provide a “air, reasonable and expeditious procedure for resolving a dispute.” The association is required to establish prompt deadlines and a maximum time for the association to act. It may be invoked by either the association or the member. If the association invokes it, the member may abstain from participating. However, if the member invokes it, the association must participate. There is no fee or charge to the member. Any resolution is judicially enforceable.

The mechanics for internal dispute resolution are fairly simple. The association designates one or more board members to attend a meeting with the member. The board member must confer in good faith with the member. If the matter is resolved, a written document is prepared and signed. The agreement must be consistent with the authority granted by the board or ratified by the board. It can be invoked in any stage in the dispute process. Thus, it may be invoked prior to litigation or during litigation. It may be invoked by a member even before the association realizes there is a disagreement.

2. Alternate dispute resolution.

Alternate dispute resolution is governed by Civil Code sections 1369.510 to 1369.580.

Alternate dispute resolution consists of mediation or arbitration before a neutral party approved by both the association and the member. Mediation consists of a process whereby the neutral party tries to persuade both sides to reach an agreement. It is entirely voluntary by both parties. However, if an agreement is achieved, reduced to writing and states that it is “binding and enforceable,” the agreement may be judicially enforced. In contrast, arbitration is a process whereby the neutral party conducts a trial which consists of the presentation of evidence through witnesses and documents, the cross-examination of witnesses and all the other parts of a trial without a jury. The arbitrator then makes a decision which usually identifies the prevailing party and the non-prevailing party. Usually, the decision in arbitration is binding and can be judicially enforced. There is a procedure known as non-binding arbitration, but it is rarely used.

The main advantage of mediation is that a creative remedy can be developed that is satisfactory to both parties. For example, if there is a disagreement concerning the location of a driveway, the mediator can work with the parties to develop a re-design of the driveway that is acceptable to both parties. In contrast, in arbitration, the arbitrator can only make a decision that is framed in the issues presented by the parties, such as party “A” recovers $5,000 against party “B.” In the case of a disagreement concerning the location of the driveway, the arbitrator would rule that the driveway goes or the driveway stays. The arbitrator cannot generally impose a creative solution such as a redesign of the driveway.

Neither the association nor the owner may file an enforcement action in court until the parties have attempted alternate dispute resolution. An exception to this rule applies where the action is for declaratory relief, injunctive relief or writ relief.

The procedure to begin is fairly simple. One party serves a written request for resolution on the other party. The request must contain a description of the dispute, a request for resolution and a request for a response within 30 days. If the association starts the process, it must contain a copy of the governing statute with the request. If the request for resolution is not accepted within 30 days, the request is deemed rejected. If the request is accepted, it must be completed within 90 days. The cost is shared equally between the parties.

The statute of limitations is tolled during the process.

In order to file a court action, the party filing the action must file a certificate with the complaint stating that alternate dispute resolution has been completed or one party did not accept alternate dispute resolution, or injunctive relief is necessary. If a party fails to file such a certificate with the complaint, this is grounds for dismissal of the complaint unless the court finds that dismissal would result in “substantial prejudice.”

In awarding attorney’s fees, the court may consider whether a party’s refusal to participate before commencement of the action was reasonable or unreasonable.

The association must provide an annual written report to its members summarizing its procedures.

Barry A. Ross is a member of the Real Estate Section and the Business Litigation Section of the Orange County Bar Association. Mr. Ross represents property owners in disputes with their homeowners associations. Mr. Ross can be reached at 949-727-0977 or http://www.RossRealEstateLaw.com