SUMMARY OF ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
Based on California Civil Code
Sections 5925, 5930, 5935, 5940, 5945, 5950, 5955, 5960, 5965
 
Failure of a member of the association to comply with the alternative dispute resolution requirements of section 5930 of the Civil Code may result in the loss of your right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law.
 
An association or an owner/member may not file an enforcement action in the superior court unless the parties have tried to submit their dispute to ADR (Alternative Dispute Resolution).
 
This section only applies to enforcement actions related to declaratory, injunctive or writ relief, or a claim for monetary damages of five thousand dollars ($5000) or less.
 
Any party to a dispute may start this process by serving a "Request for Resolution" on all other parties. The request for resolution must include all of the following:

  • A description of the dispute
  • A request for ADR
  • A notice to respond within 30 days ofreceipt of this request or the request will be considered rejected.
  • If the party served with the requests is an owner, the request must include a copy of this section of the Civil Code.
  • The request may be by personal delivery, first class mail, express mail, facsimile transmission, or other reasonable means.
  • The party served has 30 days to respond.
 
After the parties have agreed to proceed with ADR, they must complete the process within 90 days after the acceptance unless both parties agree to extend.
 
The costs of the ADR shall be shared by both parties.