Berkeley HOAs must offer internal dispute resolution (IDR) under Civil Code 5900 and alternative dispute resolution (ADR) before filing most lawsuits against members.
California Civil Code 5900-5965 requires every HOA to maintain a fair, reasonable, and expeditious Internal Dispute Resolution procedure available to members at no cost. Members can request a meeting with a board-appointed representative to resolve disputes about enforcement, governing document interpretation, or board actions. Before an HOA or member can file a civil lawsuit for declaratory or injunctive relief over enforcement of governing documents, they must first offer ADR (mediation or arbitration) under Civil Code 5930. Small claims, assessment collection, and injunctions against unsafe conditions are exempt. Written requests for IDR must be answered within a reasonable time, typically 30 days. Keeping a written paper trail is essential.
Contact your local code enforcement office for specific penalty information.
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