Civil Code Disputes & Enforcement
Alternative Dispute Resolution, Defined
Chapter 10 · Dispute Resolution and Enforcement · Alternative Dispute Resolution Prerequisite to Civil Action
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §5925
As used in this article:
(a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.
(b) “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:
(1) Enforcement of this act.
(2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code).
(3) Enforcement of the governing documents.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
decided before the current text (eff. 2014-01-01, AB 805)
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
cited 2×
- LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn. 94 Cal. App. 5th 1050 · 2023 Pre-meeting director emails are not Open Meeting Act board meetings.
mentioned in passing
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
mentioned in passing
- Zakia Mashiri v. Epsten Grinnell & Howell 845 F.3d 984 · 2017 HOA pre-lien collection notices must honor federal debt-dispute rights.
mentioned in passing
Decided under the former numbering
- Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker 2 Cal. App. 5th 252 · 2016 · as former §1369.510 Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements.
- Ryland Mews Homeowners Assn. v. Munoz 234 Cal. App. 4th 705 · 2015 · as former §1369.510 Balanced injunctions enforcing flooring noise restrictions survive technical ADR defects.
- Diamond v. Superior Court 217 Cal. App. 4th 1172 · 2013 · as former §1369.510 Foreclosing an assessment lien requires strict compliance with every notice requirement.
decided before the current text (eff. 2014-01-01, AB 805)
- Grossman v. Park Fort Washington Ass'n 212 Cal. App. 4th 1128 · 2012 · as former §1369.510 Prevailing parties recover attorney fees for pre-litigation mediation.
decided before the current text (eff. 2014-01-01, AB 805)
- Country Side Villas Homeowners Ass'n v. Ivie 193 Cal. App. 4th 1110 · 2011 · as former §1369.510 Suing a member for criticizing the board invites an anti-SLAPP strike.
decided before the current text (eff. 2014-01-01, AB 805)