Davis-Stirling requires HOAs to offer Internal Dispute Resolution (IDR) under Civ Code §5910 and Alternative Dispute Resolution (ADR) under §5930 before litigating most disputes. Small-claims court and the CA DRE complaint process are also available.
The Davis-Stirling Act mandates a two-tier dispute process. Internal Dispute Resolution (§5910) is a no-cost meet-and-confer between the member and a board designee; the HOA must adopt and publish IDR procedures. Alternative Dispute Resolution (§5930) requires the parties to engage in non-binding mediation or arbitration before filing a civil lawsuit over declarations, governing documents, or the Davis-Stirling Act itself — a Request for Resolution must be served, and the other party has 30 days to accept. Failure to participate in ADR may forfeit attorney-fee awards. Exceptions include small-claims actions and assessment-collection suits. Members can also file complaints with the California Department of Real Estate (for developer-phase HOAs), file small-claims actions up to $12,500, and seek injunctive relief in Riverside County Superior Court. For record-inspection disputes, §5200-5240 provides statutory remedies including $500 penalties per violation. Common issues include architectural denials, rule enforcement, assessment disputes, and board transparency.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Riverside County code enforcement directly for current fines, enforcement procedures, and hearing options.
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