Dispute Resolution: Newport Beach vs Santa Ana

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.

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.