Overview

California’s Internal Dispute Resolution process, known as IDR, is governed by Civil Code 5910-5915 and is part of California’s Davis-Stirling Act. HOAs are required to provide a “fair, reasonable and expeditious” process to resolve disputes between the HOA and its members. If an HOA member (i.e., a homeowner) requests IDR properly, the HOA is required to participate. The reverse, however, is never true, regardless of whether an HOA’s governing documents says otherwise.

Because IDR is often the first formal step in resolving HOA conflict, how you prepare and how you conduct yourself can go a long way toward determining whether the issue resolves quickly or escalates into alternative dispute resolution (ADR) if required by Civil Code 5930 or litigation. This Fact Sheet explains your rights under the Davis-Stirling Act, how to properly demand IDR, how to prepare yourself for it, what happens during the meeting, and what to expect after it’s over.

I’ve written a number of articles and Fact Sheets that discuss IDR as a tool to be used, and we’ve discussed the topic on several episodes of our podcast, HOA HELL. Here are just a few that you might find useful: “Denied by Your California HOA? How to Challenge or Appeal Architectural Decisions”; “Understanding the Davis-Stirling Act: Key Rights for California Homeowners”; and “IDR is Mandatory for HOAs, Not for You.” 

Key Points

IDR is a structured, one-on-one, meet and confer process that the Davis-Stirling Act requires your HOA to participate in when a homeowner makes a written demand for it. Below, you’ll find a brief explanation of how to properly invoke IDR (thus making the process mandatory for your HOA), how to prepare for it, what to expect during IDR, and what happens after its over.

• What is IDR is under the Davis-Stirling Act? Under Civil Code 5910, IDR is described as a fair, reasonable, and expeditious process intended to allow homeowners to meet to explain their positions and confer in good faith about a dispute.
• Your HOA can’t file a lawsuit if it previously ignored a proper IDR demand. Civil Code 5910.1 prohibits an HOA from filing a lawsuit against a homeowner if the homeowner previously requested IDR related to the issues in dispute in the lawsuit and the HOA refused or ignored the IDR demand.
• You must demand IDR in writing. Civil Code 5910(a) and Civil Code 5915(b)(1) require that an IDR request be in writing. Your HOA’s written IDR policy (which all HOAs are required to have) must include prompt deadlines and a maximum time for the HOA to act on your request. To invoke IDR properly, you must:
  • Put your request in writing.
  • Identify the dispute. [It’s also helpful to state that you are requesting IDR under Civil Code 5910–5915.]
  • Deliver your IDR demand to the HOA’s management company and/or one or more board members.
• IDR is mandatory for the HOA, but never for the homeowner. Either party may invoke the process, but when a homeowner requests it, the association must participate (Civil Code 5910(c) and Civil Code 5915(b)(2)). In other words, when you demand IDR, your HOA must agree. If, however, the HOA demands IDR, you may decline the demand, and no provision of an HOA’s governing documents can alter that fact.
• Prepare thoroughly before the meeting. Civil Code 5910(f) and 5915(b)(4) state that both sides must have a chance to explain their respective positions and meet and confer in good faith to try to resolve the dispute. To prepare effectively for your IDR:
  • Gather all relevant documents, such as violation notices, hearing decisions, correspondence, photos, videos, petitions, relevant provisions of your HOA’s governing documents (e.g., CC&Rs, rules, architectural guidelines, Bylaws), or anything else that you think are relevant to the dispute.
  • Identify the specific outcome you want, such as reversal of a violation, removal or reduction of a fine, enforcement of a particular Civil Code section, or the HOA’s compliance with one or more provisions of your governing documents.
  • Bring printed copies or citations of relevant statutes (e.g., applicable provisions of the Davis-Stirling Act) that support your position. [READER TIP: A great place to start is the Library tab on my website (mbkchapman.com). You can do a search of my articles and Fact Sheets to find statutes on dozens and dozens of HOA-related issues.]
  • Prepare a short outline of your key points so you can present your position clearly and stay focused.
• You may bring an attorney or representative with you to the IDR. Both Civil Code 5910(f) and Civil Code 5915(b)(4) gives homeowners the absolute right to bring an attorney or anyone else they wish to bring to help them (at their own expense).
• Homeowners cannot be charged any fees. Both Civil Code 5910(g) and Civil Code 5915(d) prohibit your HOA from charging you any IDR-related fees (even if the HOA decides to have the association’s attorney present, which will often happen if a homeowner decides to bring their attorney).
• What happens during the IDR? Civil Code 5915(b)(3) requires your HOA board to designate at least one director to attend and meet with you for your IDR. “Meet” can mean in person or via a video conference (e.g., Zoom). During your IDR meeting:
  • You will have an opportunity to explain your position and refer to your documents and the law.
  • The board member(s) will explain the basis for the HOA’s position.
  • You and the board member(s) will try, in good faith, to resolve some or all aspects of the dispute.
• What happens if an agreement is reached at IDR? Hopefully, you and your HOA will be able to come to an agreement to resolve the dispute. If that happens, then under Civil Code 5910(e) and Civil Code 5915(c), the agreement you reach with your HOA will be judicially binding if all of the following are true:
  • The agreement is put in writing and signed by you and the HOA director(s) present at the IDR.
  • The agreement does not conflict with law or any of the governing documents.
  • The agreement is either consistent with the authority granted to the director(s) present at the IDR, or it is later ratified by a majority of the board members.
• In some cases, you have a right to appeal. Civil Code 5910(d) provides that if the HOA invokes IDR and you choose to participate, and the dispute is resolved in a way other than by your agreement, you have a right to appeal that result to the full board. This right belongs to you only when your HOA is the party who initiated the procedure (and you accepted, obviously).

California homeowners who understand these rules can use IDR to force their associations to meet, listen, and consider reasonable solutions, and can create a clear record of the association’s conduct if the dispute must later move into ADR or court.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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