Overview
Civil Code 5930 requires an offer of Alternative Dispute Resolutions (ADR), typically mediation, before certain HOA enforcement lawsuits are filed. ADR is legally required only in defined situations, and is therefore optional in all others. Regardless, ADR is almost always recommended before proceeding with a lawsuit against your HOA because you can often secure concessions otherwise unavailable to you in litigation.
Internal Dispute Resolution (IDR) is never mandatory for homeowners, regardless of what the governing documents say. For a deeper analysis of dispute pathways, see my Article on HOA dispute resolution. For a comparison with arbitration, see the Fact Sheet “HOA Mediation or Arbitration in California: What Homeowners Need to Know,” and for court forums, see Fact Sheet “California HOA Small Claims Court or Superior Court: Which Forum Is Right for Your Dispute?”
For a deeper dive into this topic, see my full article “Can a California HOA Member Sue Their HOA in Court?”
Key Points
When it comes to mediation in HOA disputes, California law is precise about when it must happen and what it means for homeowners. The following points highlight the most important requirements and consequences under Civil Code 5930 and related provisions.
- When ADR is legally required (§ 5930). An ADR offer is required before filing when the action: (i) seeks to enforce the governing documents and seeks only declaratory, injunctive, or writ relief; or (ii) seeks those remedies, plus money damages of $12,500 or less. In all other instances, the Davis-Stirling Act does not technically mandate ADR.
- ADR not required for small claims. ADR is not required for small claims actions and does not apply to an assessment dispute consisting solely of non-payment of assessments.
- IDR vs. ADR (don’t let HOAs blur this). IDR is an internal, informal meeting process with the association. A homeowner may request it, and the HOA must participate if the request was made in writing. A homeowner, however, is never required to do IDR before suing no matter what the HOA might say or what may be in the governing documents. ADR (in this context, almost always mediation) is a formal process with a neutral and is the statutory prerequisite described above.
- What “mediation” actually is. Mediation is non-binding facilitated settlement talks. There are no witnesses, no evidence rules, no judge or jury, and no sworn testimony. Each side pays its share of the mediator and its own attorney. Either side can walk out whenever they feel that the mediation is not going anywhere, and neither side has to accept any offer proposed by the other side.
- Arbitration is different. Arbitration, in the context of an HOA dispute, is only required if the CC&Rs require it. Arbitration is a private trial before an arbitrator. Some clauses are binding (final, essentially no appeal); some are non-binding (a party can reject the award and proceed in court).
- Why mediation is still smart even when not required. It can produce creative, practical outcomes (timelines, fee waivers, policy adjustments) that a court judgment might not provide.
- Consequences if a party refuses required ADR when it’s required. Under § 5960, a court may consider an unreasonable refusal to mediate when deciding attorney’s fees and costs, which matters because § 5975(c) mandates fee-shifting to the prevailing party in enforcement actions. Refusal can substantially reduce a fee award.
- Procedural compliance you can’t skip. § 5950 requires filing a certificate with your initial pleading stating that ADR was completed or the other side refused. If you omit it, the defendant can demur and seek dismissal until you comply. This is a waste of time and money, and it accomplishes absolutely nothing.
Taken together, these rules show that mediation under Civil Code 5930 is not a casual option, but a statutory step in certain cases. Knowing when it applies, and what happens if it is ignored, ensures homeowners avoid procedural traps that could cost time, money, and even their right to recover attorney’s fees.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across “articles” that appear to be authoritative, but are actually designed as nothing more than search-engine marketing dumps. These pieces emphasize keyword inclusion rather than providing clear, related, and accurate analysis. Unfortunately, this approach can leave homeowners more confused than informed.
At MBK Chapman, our Fact Sheets, which are part of our HOA Law Library, are deliberately concise, statute-based, and are designed as quick-reference guides to help California homeowners understand key HOA laws at a glance.
Our Articles, by contrast, are designed for deeper analysis, context, and strategies that go beyond the quick-reference points covered in the Fact Sheets. Unlike much of what appears online, our Articles are not written by AI, and they contain nuanced discussion, real-world examples, and actual analysis of complex issues related to the daily lives of HOA members in California. In short, our Articles prioritize function and clarity over SEO word-dumping.