(a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following:
(1) A brief description of the dispute between the parties.
(2) A request for alternative dispute resolution.
(3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected.
(4) If the party on whom the request is served is the member, a copy of this article.
(b) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request.
(c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party.
- Civil Code Section 5950. Certification of ADR Efforts.
- Civil Code Section 5945. ADR Effect on Statute of Limitations.
- Civil Code Section 5940. Time to Complete ADR Process; ADR Costs.
- Civil Code Section 5930. ADR Prerequisite to Enforcement Action
- Civil Code Section 5925. “Alternative Dispute Resolution” (ADR) and “Enforcement Action” Defined.
Related Case Law
- Ryland Mews Homeowners Association v. Munoz
(2015) 234 Cal.App.4th 705
[Architectural Control; Nuisances; Hardsurface Flooring] A HOA has the authority to place restrictions on the type of flooring that may be installed in a homeowner’s unit in order to prevent the creation of nuisances.