Dispute Resolution: Irvine vs Santa Ana

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.

Do I have to try mediation before suing my Santa Ana HOA?

Yes. CA Civil Code Sec. 5930 requires that a party request ADR (mediation or arbitration) at least 30 days before filing a civil enforcement action. Refusal to participate in ADR may result in losing the right to recover attorney fees.

What is IDR and how does it work?

Internal Dispute Resolution is a meet-and-confer process under Sec. 5910. Any member may request a meeting with a board-designated representative to attempt to resolve the dispute informally within 45 days.

Can my HOA fine me without a hearing?

Under AB 130 (effective 2025), HOAs must provide notice and a hearing opportunity before imposing fines above $100 per violation for non-safety issues. Written findings are required.