Davis-Stirling requires HOAs in Citrus Heights to offer Internal Dispute Resolution (IDR) under Civil Code ยง5900-5920 and Alternative Dispute Resolution (ADR) before most lawsuits can proceed. IDR is free to members; ADR typically involves mediation or arbitration.
Under Civil Code ยง5900-5920, California HOAs must provide a fair and reasonable Internal Dispute Resolution process allowing members to meet with the board to resolve disputes without cost beyond the member's own time. IDR is mandatory if requested by either party before escalation. Civil Code ยง5925-5965 governs Alternative Dispute Resolution โ before filing a lawsuit for enforcement of the governing documents (with limited exceptions for assessment collection and injunctive relief involving imminent harm), the parties must first engage in ADR, typically mediation. A Request for Resolution must be served, and the responding party has 30 days to accept. Attorney fees may be awarded to the prevailing party in enforcement actions under Civil Code ยง5975(c). Small claims court remains available for disputes under $12,500 for individuals. Class actions and member-initiated lawsuits against boards are subject to specific procedural requirements.
Failure to offer IDR/ADR: suit dismissal or sanctions. Unreasonable refusal: adverse inference.
See how other cities in Sacramento County handle dispute resolution.
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