HOA disputes in Orange County follow the Davis-Stirling Act's dispute resolution framework. Internal Dispute Resolution (IDR) is the first step. Alternative Dispute Resolution (ADR) must be offered before litigation. The prevailing party in HOA lawsuits may recover attorney fees.
The Davis-Stirling Act (Civil Code 5900-5975) establishes a dispute resolution framework for HOA conflicts. Internal Dispute Resolution (IDR) per Civil Code 5920 allows homeowners to meet with a board member to resolve issues informally. Either party can request IDR, and the other must participate in good faith. If IDR fails, Alternative Dispute Resolution (ADR) — mediation or arbitration — must be attempted before filing a lawsuit per Civil Code 5930. Filing a civil lawsuit without first attempting ADR can result in a stay of proceedings. The prevailing party in HOA litigation may recover attorney fees under Civil Code 5975. The California Department of Consumer Affairs provides HOA dispute resources. The OC Superior Court handles HOA-related civil matters. Small claims court ($12,500 limit as of 2024) may handle smaller disputes. OC Bar Association Lawyer Referral Service provides attorney referrals at (877) 257-4762.
Failure to offer IDR or ADR can prejudice an HOA's position in litigation. Courts may stay lawsuits filed without prior ADR attempts. The prevailing party recovers attorney fees under Civil Code 5975.
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