Before suing, Sunnyvale HOA members must use Internal Dispute Resolution or Alternative Dispute Resolution under Civil Code 5900-5965 of the Davis-Stirling Act.
Davis-Stirling requires California HOAs to offer a fair, reasonable, and expeditious Internal Dispute Resolution (IDR) procedure (Civil Code 5910). Before filing most enforcement lawsuits against a member, or vice versa, parties must serve a Request for Resolution and engage in Alternative Dispute Resolution such as mediation (Civil Code 5930). Exceptions include small claims, assessment collection cases meeting statutory criteria, and matters with a running statute of limitations. Courts may award attorney fees to the prevailing party in disputes over governing documents (Civil Code 5975). The Santa Clara County Superior Court hears Sunnyvale HOA cases. Free or low-cost mediation is available through the Santa Clara County Superior Court ADR program.
Contact your local code enforcement office for specific penalty information.
See how other cities in Santa Clara County handle dispute resolution.
See how Sunnyvale's dispute resolution rules stack up against other locations.
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