Fremont, CA HOA Rules: Dispute Resolution (2026)
Key Facts
- IDR statute
- CC 5900 member meet and confer
- ADR statute
- CC 5925 mediation offer required
- ADR offer response
- 30 days to accept
- Pre-litigation
- ADR typically required before suit
- Fee shifting
- Refusal can reduce attorney fees
Summary
Fremont HOA members can use Internal Dispute Resolution (IDR) under CC 5900 and Alternative Dispute Resolution (ADR) under CC 5925-5965 before filing suit.
Civil Code - CIV, Section 5900.
PART 5. Common Interest Developments CHAPTER 10. Dispute Resolution and Enforcement ARTICLE 2. Internal Dispute Resolution
5900. (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.
(b) This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
Full Breakdown
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.
Frequently Asked Questions
Is HOA mediation binding?
Who pays for mediation?
Sources & Official References
Other rules in Fremont
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