(a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.
(c) This section does not apply to a small claims action.
(d) Except as otherwise provided by law, this section does not apply to an assessment dispute.
- Code of Civil Procedure Section 116.220. Small Claims Court.
- Civil Code Section 5945. ADR Effect on Statute of Limitations.
- Civil Code Section 5940. Time to Complete ADR Process; ADR Costs.
- Civil Code Section 5935. Request for Resolution to Initiate ADR Process.
- Civil Code Section 5925. “Alternative Dispute Resolution” (ADR) and “Enforcement Action” Defined.
Related Case Law
- Rancho Mirage Country Club Homeowners Association v. Hazelbaker
(2016) 2 Cal.App.5th 252
[Attorney’s Fees; ADR; Settlement Agreement] An action to enforce a settlement agreement reached between a HOA and an owner through Alternative Dispute Resolution (ADR) was held to be an action to enforce the governing documents entitling the prevailing party to an award of attorney’s fees and costs pursuant to Civ. Code § 5975.