The Davis-Stirling Act requires HOAs and members to attempt Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR) before filing lawsuits. IDR under Civil Code §5900 allows members to meet with a board member to discuss grievances. ADR (mediation or arbitration) is mandatory before most HOA lawsuits per Civil Code §5930. Prevailing parties in enforcement actions may recover attorney fees.
The Davis-Stirling Act establishes a multi-step dispute resolution framework for HOA conflicts. Internal Dispute Resolution (IDR) under Civil Code §5900 gives any member the right to meet with a board member (or designated committee member) in a non-adversarial setting to discuss a dispute. The association must provide IDR procedures in its annual disclosures. Either party may request IDR, and the other party is encouraged but not required to participate. Alternative Dispute Resolution (ADR) under Civil Code §5930 requires that before filing certain lawsuits between an association and a member, the initiating party must offer to participate in mediation or arbitration. If the other party refuses ADR and loses at trial, they may be ordered to pay the prevailing party's attorney fees regardless of who filed the lawsuit. ADR can include mediation (non-binding facilitated negotiation) or binding arbitration. For construction defect claims, the association must follow the pre-litigation procedures under Civil Code §6000. The Department of Real Estate and local bar associations offer mediation services for HOA disputes.
Failure to offer ADR before lawsuit: court may award attorney fees to the other party. Refusal to participate in ADR: adverse inference at trial and potential fee-shifting. Non-compliance with IDR disclosure requirements: association liable for statutory penalties.
Los Angeles, CA
Anyone caring for injured native wildlife in Los Angeles must hold a California Department of Fish and Wildlife Wildlife Rehabilitation Permit under Fish and...
Los Angeles, CA
Los Angeles protects wild birds under LAMC §53.55 and emerging bird-safe building design guidance, layered atop California Fish and Game Code §3500-3516 and ...
Los Angeles, CA
Veterinary offices and small animal hospitals are allowed by-right in LA's C2 and C4 commercial zones under LAMC §12.13 and §12.14. Overnight boarding requir...
Los Angeles, CA
Pet grooming shops in Los Angeles need a city business tax registration and an LA County Department of Public Health animal-care facility permit. Mobile groo...
Los Angeles, CA
Los Angeles has no city ordinance specifically regulating residential lawn ornaments, statuary, or year-round decorations. Front-yard structures must comply ...
Los Angeles, CA
Los Angeles has no city ordinance regulating residential holiday inflatables. Size, lighting, and motor noise are not separately regulated, though general LA...
Side-by-side rule comparisons with other cities in Los Angeles County.
See how other cities in Los Angeles County handle dispute resolution.
See how Los Angeles's dispute resolution rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.