East Foothills HOA Rules: Dispute Resolution Rules (2026)

Internal Dispute Resolution under Civil Code 5900 through 5920 is a member-initiated process where either the owner or the board can request a meet and confer session. The association must have written IDR procedures, cannot charge a fee, and must conclude with a written resolution signed by the parties that becomes binding if ratified by the board. Alternative Dispute Resolution under 5925 through 5965 applies when the association or a member wants to enforce the governing documents through a lawsuit for declaratory or injunctive relief. Before filing, the initiating party must serve a Request for Resolution offering mediation or arbitration. If the other party declines, the case can proceed but the refusing party may lose attorney fees. Mediation is typically conducted through JAMS, ADR Services, or Judicate West in San Jose, with fees split between the parties. Santa Clara County Superior Court requires ADR compliance certification at case management. Small claims court remains available for monetary disputes up to 12500 dollars without ADR. Civil Code 5975 authorizes attorney fees to the prevailing party in enforcement actions, creating strong incentive to resolve early.