Overview
Disputes between California homeowners and their HOAs can be resolved in several different ways. Some conflicts can be addressed informally through Internal Dispute Resolution (IDR), while others must go through Alternative Dispute Resolution (ADR) before a lawsuit can be filed. ADR under the Davis–Stirling Act almost always means mediation, unless the CC&Rs specifically impose arbitration. Depending on the type of claim and the relief sought, homeowners may also find themselves in small claims court or in a “real” lawsuit in the superior court. Understanding the differences between these forums, and when each might be appropriate, can help you avoid missteps, wasted costs, and unnecessary delays.
For a deeper dive into some of these issues, you may want to read the Fact Sheets referenced below, or my article entitled “Can a California HOA Member Sue Their HOA in Court?”
Key Points
California law gives homeowners several possible paths to resolve disputes with their HOAs. Each option carries different rules, limits, and procedures. The key distinctions are as follows.
- IDR. Internal Dispute Resolution is an informal meeting between the board and the homeowner. While HOAs must participate if the homeowner requests it, homeowners are never legally required to attempt IDR before filing suit. That doesn’t stop a lot of bad HOA boards from trying to convince homeowners that IDR is required. As to the homeowner, it never is, regardless of what your governing documents might say.
- ADR. Civil Code 5930 requires an offer of ADR before certain enforcement lawsuits are filed. In practice, ADR under the Davis–Stirling Act almost always means mediation. Generally speaking, arbitration only applies if the CC&Rs contain a mandatory arbitration clause.
- Mediation. Mediation is a non-binding settlement conference with a neutral third party. It is often the most effective way to resolve a dispute short of litigation. See Fact Sheet: “California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930.”
- Arbitration. Arbitration is a private trial process. The arbitrator acts as judge and jury and issues a decision, which in binding cases is final, virtually non-appealable, and can be entered as a court judgment. For your purposes, arbitration occurs only if your CC&Rs require it or you voluntarily agree to it, which you should never do unless you’ve consulted with an experienced attorney. See Fact Sheet: “HOA Mediation or Arbitration in California: What Homeowners Need to Know.”
- Small claims court. Limited to money-only claims up to $12,500 for individuals. Small claims courts cannot issue injunctions, writs, or declaratory relief, though Civil Code 5235 creates a narrow exception by allowing members to use small claims court to enforce record-inspection rights. See Fact Sheet: “California HOA Small Claims Court or Superior Court: Which Forum Is Right for Your Dispute?”
- Superior court litigation. Needed for larger monetary claims, any enforcement action seeking injunctive, declaratory, or writ relief, and cases where the Davis–Stirling Act requires a court order. Superior court also permits attorney representation, discovery, and involves the full litigation process.
Understanding these options helps homeowners avoid wasting time and resources in the wrong forum. By knowing when IDR, ADR, small claims, or Superior Court applies, you can choose the right path and assert your rights with confidence.
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.