Davis-Stirling Act requires Internal Dispute Resolution (Civ Code 5900) and Alternative Dispute Resolution (Civ Code 5925) before most HOA lawsuits.
California Civil Code Sections 5900-5920 require HOAs to offer Internal Dispute Resolution (IDR), an informal meet-and-confer process, for member disputes. Under Civil Code 5925-5965, before filing an enforcement lawsuit for declaratory, injunctive, or writ relief, parties must serve a Request for Resolution offering Alternative Dispute Resolution (ADR, typically mediation). ADR is not required for small claims, assessment collection, or certain statutory actions. Failure to offer ADR can result in attorneys fees being denied to the prevailing party.
Skipping required ADR can bar attorney fee recovery under Civil Code 5960 and may result in case stay pending compliance.
See how Sacramento County's dispute resolution rules stack up against other locations.
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