If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods:
(a) The period provided in Section 5935 for response to a Request for Resolution.
(b) If the Request for Resolution is accepted, the period provided by Section 5940 for completion of alternative dispute resolution, including any extension of time stipulated to by the parties pursuant to Section 5940.
- Code of Civil Procedure Section 336. Violation of Restrictions; Statute of Limitations.
- Civil Code Section 5955. Stay of Enforcement Action for ADR.
- Civil Code Section 5950. Certification of ADR Efforts.
- 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 5930. ADR Prerequisite to Enforcement Action
Related Case Law
- Pacific Hills Homeowners Association v. Prun
(2008) 160 Cal.App.4th 1557
[Architectural Control; Statute of Limitations] The 5 year statute of limitations under Code Civ. Pro. § 336 applies to both recorded restrictions as well as unrecorded restrictions such as architectural guidelines.