San Bernardino, CA HOA Rules: Dispute Resolution (2026)

The Davis-Stirling Act creates a two-step dispute resolution framework before litigation. Under Civil Code 5900 through 5920, any member may request Internal Dispute Resolution in writing, and the association must offer a meet-and-confer procedure that is fair, reasonable, and expeditious. Agreements reached through IDR are binding and enforceable as contracts, but cannot authorize the board to take action that conflicts with the governing documents or state law. Under Civil Code 5925 through 5965, before filing a civil action seeking declaratory, injunctive, or writ relief related to the enforcement of the governing documents, either the association or the member must serve a request for Alternative Dispute Resolution. ADR is typically mediation or non-binding arbitration at shared cost. Either side can refuse to participate, but the party refusing without good cause risks adverse fee consequences under Civil Code 5960 if the case later proceeds to court. Claims for monetary damages of 10,000 dollars or less, small claims actions, and assessment collection suits are exempted. Internal Dispute Resolution and Alternative Dispute Resolution are also available to members contesting discipline, architectural denials, access to records, or elections. Once the process concludes, a member who prevails in court may recover attorney fees under Civil Code 5975. San Bernardino Superior Court maintains a limited civil calendar for these HOA disputes.