Davis-Stirling law requires every Victorville HOA to offer Internal Dispute Resolution (Civil Code 5900) and ADR (Civil Code 5925) before filing an enforcement lawsuit. Small claims and superior court follow.
The Davis-Stirling Act provides a graduated dispute-resolution ladder for HOA disputes in Victorville. First, Civil Code 5900-5920 requires the association to adopt a fair, reasonable, and free Internal Dispute Resolution (IDR) process often called meet and confer; either party can initiate and must make a good-faith attempt to resolve the matter. Second, for any enforcement action seeking declaratory or injunctive relief or monetary damages over the small-claims cap, the parties must first complete Alternative Dispute Resolution (ADR) under Civil Code 5925-5965, typically mediation or arbitration. A written request for ADR pauses statutes of limitations. Third, small claims court handles assessment disputes under the jurisdictional limit (currently 12,500 dollars for individuals). Fourth, superior court hears larger disputes. The prevailing party in a Davis-Stirling enforcement action is generally entitled to attorney fees under Civil Code 5975(c). Contact a Davis-Stirling attorney before filing.
Contact your local code enforcement office for specific penalty information.
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