Santa Clara HOA Rules: Dispute Resolution Rules (2026)

Davis-Stirling provides two layered dispute resolution paths for Santa Clara HOAs. Internal Dispute Resolution under California Civil Code 5910 requires associations to offer a fair, reasonable, and expeditious meet-and-confer process where a board member meets with the homeowner to attempt to resolve the dispute at no cost. Alternative Dispute Resolution under Civil Code 5925 through 5965 requires that before filing most civil actions for declaratory, injunctive, or writ relief concerning the governing documents, the parties must endeavor to submit the dispute to ADR such as mediation or arbitration. A certificate of compliance must accompany the complaint. Small claims actions, assessment collection suits, and matters involving imminent harm are generally exempt. These procedures reduce litigation costs and preserve member relationships while preserving access to the courts when informal efforts fail.