HOA disputes in Pittsburg are handled under the Davis-Stirling Act's Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR) procedures (Civil Code sections 5900 through 5965). Homeowners must first request IDR with the board; for enforcement disputes, ADR (mediation or arbitration) must be offered before the association can file a civil action. Small claims and superior court remain available after ADR.
California Civil Code section 5910 requires every HOA to provide a fair, reasonable, and expeditious Internal Dispute Resolution procedure that allows a homeowner or the association to meet and confer in an effort to resolve a dispute. The IDR process must be described in the association's governing documents and is free to the homeowner. If IDR does not resolve the matter, Civil Code sections 5925 through 5965 require the association to serve a Request for Resolution offering Alternative Dispute Resolution (mediation or nonbinding arbitration) before filing most civil actions to enforce governing documents. A homeowner who refuses ADR can still be sued but may forfeit prevailing-party attorney fees. Certain disputes, including small claims court actions, assessment collection actions, and claims for injunctive relief regarding imminent harm, are exempt from the mandatory ADR requirement. Members have a statutory right to inspect association books and records under sections 5200 through 5240, and violations may be enforced through court action. The California Department of Real Estate does not regulate HOAs, but the Attorney General has limited enforcement authority for fraudulent HOA conduct. Homeowners can also file claims in Contra Costa County Superior Court in Martinez for issues not resolved through IDR and ADR.
Contact your local code enforcement office for specific penalty information.
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