The Davis-Stirling Act requires HOAs and members in San Jose to attempt Internal Dispute Resolution (IDR) under Civil Code §5900 and Alternative Dispute Resolution (ADR) under Civil Code §5930 before filing lawsuits. Refusing ADR can result in paying the other side's attorney fees at trial. Santa Clara County Bar Association and local mediation services handle HOA disputes.
The Davis-Stirling Act establishes a multi-step dispute resolution framework for San Jose HOA conflicts. Internal Dispute Resolution (IDR) under Civil Code §5900 gives any member the right to meet with a board member in a non-adversarial setting. The association must provide IDR procedures in annual disclosures. Alternative Dispute Resolution (ADR) under Civil Code §5930 requires that before filing certain lawsuits, the initiating party must offer mediation or arbitration. If the other party refuses ADR and loses at trial, they may be ordered to pay the prevailing party's attorney fees. For San Jose HOA disputes, mediation services are available through the Santa Clara County Bar Association, the Peninsula Conflict Resolution Center, and local ADR providers. The Santa Clara County Superior Court handles HOA litigation when mediation fails. For construction defect claims, associations must follow pre-litigation procedures under Civil Code §6000. San Jose's Dispute Resolution Program also offers community mediation services that may assist with neighbor-to-neighbor or member-to-HOA disputes.
Failure to offer ADR before lawsuit: court may award attorney fees to other party. Refusal to participate in ADR: adverse inference at trial. Non-compliance with IDR disclosure requirements: statutory penalties.
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