Dispute Resolution: Irvine vs Midway City

Do I have to go through mediation before suing my Irvine HOA?

Yes. Under CA Civil Code 5925-5965, the party filing suit must first offer to participate in alternative dispute resolution. If you skip ADR and later lose, you cannot recover attorney fees even if you would otherwise be entitled to them.

What is internal dispute resolution for Irvine HOAs?

IDR under CA Civil Code 5900-5910 allows any member to request an informal meeting with the board to resolve a dispute. The board must participate if requested. A neutral mediator may be included if both parties agree. IDR is free and does not require an attorney.

What changed about HOA fines in 2025?

AB 130 requires HOA boards to follow specific due process procedures before imposing fines on members, including written notice, an opportunity to be heard, and clear documentation of the violation. This reform applies to all California HOAs including those in Irvine.

How do I resolve a dispute with my HOA?

Start with Internal Dispute Resolution (IDR) — request a meeting with a board member. If unresolved, use Alternative Dispute Resolution (ADR) before considering litigation.

Do I have to try mediation before suing my HOA?

Yes. The Davis-Stirling Act requires ADR attempts before litigation. Courts may stay lawsuits filed without prior ADR per Civil Code 5930.

Can I recover attorney fees in an HOA lawsuit?

Yes. The prevailing party in HOA litigation may recover reasonable attorney fees under Civil Code 5975.