Santa Ana HOA disputes follow the Davis-Stirling Act framework requiring IDR and ADR before court action. AB 130 caps most fines at $100 per violation.
CA Civil Code Sec. 5900-5920 establishes a two-tier dispute resolution framework. Internal Dispute Resolution (IDR) under Sec. 5910 allows any member to request a meet-and-confer session with the board within 45 days. The board must designate a member to meet with the requesting homeowner to attempt resolution. If IDR fails, either party may initiate Alternative Dispute Resolution (ADR) under Sec. 5925-5960, which includes mediation or binding arbitration. Before filing a civil enforcement action, the party must first request ADR and wait at least 30 days for a response. If the responding party refuses or fails to respond, the requesting party may proceed to court. A party that refuses ADR and later loses in court may not recover attorney fees. AB 130 (effective 2025) reformed the fine process, requiring that HOAs provide notice, a hearing opportunity, and written findings before imposing fines above $100 per violation for non-safety matters. The California Department of Consumer Affairs provides resources for HOA dispute assistance.
Failure to offer IDR does not automatically void a board decision, but a court may consider it when determining attorney fee awards. Refusing to participate in ADR may bar recovery of attorney fees under Sec. 5960 even if the refusing party prevails.
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