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California law requires HOAs and their members to attempt internal dispute resolution and alternative dispute resolution before filing civil lawsuits against each other in most circumstances. This pre-litigation requirement is designed to resolve disputes faster and at lower cost than courtroom litigation — and for homeowners in disputes with their associations, it creates specific procedural leverage that many don’t use.
Internal Dispute Resolution (IDR)
California Civil Code Section 5900 requires associations to offer a fair, reasonable, and expeditious procedure for resolving disputes between members and the association. Either party can invoke IDR — the member or the association. IDR typically involves a meeting between the member, a board member or manager, and sometimes a neutral facilitator, to discuss the dispute and attempt resolution. Associations must respond to an IDR request within a reasonable time. If the association refuses to participate in IDR, the member can use that refusal as evidence of bad faith in any subsequent legal proceeding.
Alternative Dispute Resolution (ADR)
If IDR fails, California Civil Code Section 5925 requires the parties to consider ADR — typically mediation with a neutral mediator — before filing a civil lawsuit. Either party can refuse ADR, but the refusing party must explain their refusal to the court if litigation follows, and courts may consider an unreasonable refusal to participate in ADR when awarding attorney’s fees. The ADR requirement applies to disputes between members and associations over enforcement of the governing documents, assessments, and other association-member matters.
Using IDR and ADR Strategically
Don’t treat IDR as a bureaucratic hurdle to clear before “real” litigation. Use it as a genuine opportunity to resolve the dispute at lower cost. Bring documentation, be specific about your legal position, and make a concrete proposal. Many HOA disputes that would cost both parties tens of thousands in litigation fees resolve in IDR for a fraction of that cost. If IDR fails, the mediation process in ADR similarly provides a less adversarial setting where creative solutions are more achievable than in court. The pre-litigation requirements exist as opportunities, not just obstacles.
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