Mountain View vs San Jose
How do dispute resolution rules compare between Mountain View, CA and San Jose, CA?
Mountain View and San Jose have similar restriction levels.
Mountain View, CA
Santa Clara County
HOA disputes in Mountain View must go through Internal Dispute Resolution (IDR) or Alternative Dispute Resolution (ADR) under Davis-Stirling before most lawsuits can be filed.
View full Mountain View rules →San Jose, CA
Santa Clara County
The Davis-Stirling Act requires HOAs and members in San Jose to attempt Internal Dispute Resolution (IDR) under Civil Code §5900 and Alternative Dispute Resolution (ADR) under Civil Code §5930 before filing lawsuits. Refusing ADR can result in paying the other side's attorney fees at trial. Santa Clara County Bar Association and local mediation services handle HOA disputes.
View full San Jose rules →Key Facts Comparison
| Fact | Mountain View | San Jose |
|---|---|---|
| IDR | Free meet-and-confer | Civ. Code §5900 |
| ADR | Required before lawsuit | Civ. Code §5930 (pre-suit) |
| Law | Civil Code 5900 et seq. | - |
| Due process | Notice and hearing | - |
| Annual disclosure | Policy statement required | - |
| Fee-Shifting | - | ADR refusal = fees at trial |
| Court | - | Santa Clara Co. Superior |
| Local Mediation | - | Peninsula CRC |
Highlighted rows indicate differences between cities.
Mountain View FAQ
Do I have to use IDR before suing my Mountain View HOA?
For most disputes you must attempt ADR (mediation) first, and IDR is a free option available on request.
Can I skip IDR and go straight to court?
Only for certain exempt cases. Most HOA disputes require ADR before filing a lawsuit under Davis-Stirling.
San Jose FAQ
Do I have to try mediation before suing my HOA in San Jose?
Effectively yes. Civil Code §5930 requires offering ADR before most lawsuits. Refusing ADR can result in paying the other side's attorney fees if you lose at trial. The Santa Clara County Bar Association and Peninsula CRC offer mediation services.
What is Internal Dispute Resolution for San Jose HOAs?
IDR under Civil Code §5900 is an informal meeting between a member and a board member to discuss a grievance. Either party can request it, and the HOA must describe the IDR process in its annual disclosures.
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