Before suing, Anaheim HOA members and associations must offer Internal Dispute Resolution and most disputes require Alternative Dispute Resolution under Civil Code 5900 and following.
The Davis-Stirling Act requires every California HOA, including those in Anaheim, to adopt a fair, reasonable, and free Internal Dispute Resolution procedure. Either the member or the association can request an IDR meeting and the association must participate. For most enforcement disputes, before filing a civil action for declaratory, injunctive, or writ relief, the parties must first offer Alternative Dispute Resolution such as mediation under Civil Code 5930. The party offering ADR serves a Request for Resolution that the other side has 30 days to accept. If declined the matter can move to court. Small claims actions under 12,500 dollars are exempt from the ADR prerequisite. Members can also file complaints with the California Department of Real Estate for certain issues and, for election disputes, with the civil court using expedited procedures. Anaheim has no city HOA ombudsman, so Orange County Superior Court is the usual venue.
Contact your local code enforcement office for specific penalty information.
Anaheim, CA
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