As part of our community mediation program we handle a number of different types of cases including, HOA disputes. The APADRC provides mediation services to HOA’s and homeowners to assist local homeowners associations (“HOAs”) and association owners interested in taking part in alternative dispute resolution (“ADR”), as required by California Civil Code Sections 5925 – 5965] (the “ADR Statute”). The ADR Statute is part of the Davis-Stirling Act, which is the primary California law governing California HOAs. Our trained Conflict Resolution Specialists are equipped to help you with many of the issues you have within your HOA.
Under the ADR Statute, ADR is required for any “enforcement action” between HOAs and owners. ADR is defined as “mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral third party in the decision-making process.” An “enforcement action” is defined as a civil action or proceeding, other than a cross-complaint, concerning enforcement of the Davis-Stirling Act, or enforcement of the HOA governing documents.
There are a few exceptions to this ADR requirement, namely: (i) if a party is filing a claim in small claims court for money damages; (ii) where preliminary or temporary injunctive relief is necessary; or (iii) for disputes involving delinquent assessments, unless the HOA member requests ADR with the association in connection with the assessment dispute.
Mediation, in general, is the least costly of all ADR options. The APADRC is the least costly of all Los Angeles mediation programs.
We invite all local HOA’s and HOA homeowners to contact the APADRC for mediation.