Fremont HOA members can use Internal Dispute Resolution (IDR) under CC 5900 and Alternative Dispute Resolution (ADR) under CC 5925-5965 before filing suit.
California Civil Code sections 5900 through 5920 require every HOA in Fremont to maintain a free Internal Dispute Resolution (IDR) process by which any member can request a meeting with a board representative to discuss and resolve a dispute. Civil Code 5925 through 5965 requires parties to offer or participate in Alternative Dispute Resolution (ADR), typically mediation with a neutral third party, before filing a civil enforcement action for declaratory, injunctive, or writ relief. The ADR offer must include a description of the dispute, the issues to be resolved, and invitation to respond within 30 days. If a party refuses ADR without good cause, attorney fees may be reduced. Small claims court remains available for individual monetary claims under the Small Claims Act.
Contact your local code enforcement office for specific penalty information.
See how other cities in Alameda County handle dispute resolution.
See how Fremont's dispute resolution rules stack up against other locations.
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