Before filing most HOA lawsuits in Palo Alto, owners and associations must offer internal dispute resolution and alternative dispute resolution under Civil Code 5900 and 5925.
California Civil Code 5900 through 5965 establish a mandatory framework for resolving HOA disputes. Internal Dispute Resolution under Civil Code 5900 must be free, available on request, and allow a member and a board representative to meet informally to resolve a disagreement, with any resolution documented in writing. Alternative Dispute Resolution under Civil Code 5925 is required before filing a civil action for declaratory, injunctive, or writ relief involving enforcement of the governing documents, and the requesting party must serve a Request for Resolution that the other side has 30 days to accept. If ADR is refused or fails, the party can proceed to court. Small claims and certain assessment collections are exempt. Documentation of IDR and ADR must accompany any lawsuit. Parties should consult counsel before filing.
Contact your local code enforcement office for specific penalty information.
See how other cities in Santa Clara County handle dispute resolution.
See how Palo Alto's dispute resolution rules stack up against other locations.
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