Ontario HOA disputes must first go through Internal Dispute Resolution under Civil Code 5900 and then Alternative Dispute Resolution under Civil Code 5950 before any civil lawsuit on covenants.
Davis-Stirling establishes a two-step dispute resolution framework before any HOA enforcement lawsuit. First, Civil Code 5900 through 5920 requires every HOA to adopt a fair, reasonable, and expeditious Internal Dispute Resolution (IDR) procedure and offer it to any member facing enforcement of the governing documents or seeking to enforce the documents against the board. IDR is often called Meet and Confer and must be free to the member. Second, Civil Code 5925 through 5965 requires the parties to engage in Alternative Dispute Resolution, usually mediation, before filing suit over enforcement of the CC&Rs, bylaws, or Davis-Stirling provisions if the requested relief is primarily declaratory, injunctive, or writ. The party who wants to initiate ADR must serve a written Request for Resolution, and the other party has 30 days to agree. Failure to participate in ADR in good faith can affect attorney fee recovery and standing to sue. Small claims, money-only disputes under 10,000 dollars, and assessment collection actions are generally exempt. Ontario residents should consult counsel familiar with California HOA law or request mediation through services such as Community Associations Institute or the local county bar.
Contact your local code enforcement office for specific penalty information.
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