Civil Code Disputes & Enforcement
ADR Before Litigation
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 §5930
(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.
(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.
- Villa Milano Homeowners Ass'n v. Il Davorge 84 Cal. App. 4th 819 · 2000 Developers can’t bury binding arbitration for construction defects in CC&Rs.
Construes former §1354(b) as it read in 2000 — the pre-filing ADR requirement for enforcement actions now in this section — to conclude the Legislature encouraged but did not mandate ADR, so the statute lends no support to compelled arbitration of defect claims.
decided before the current text (eff. 2014-01-01, AB 805)
- Grossman v. Park Fort Washington Ass'n 212 Cal. App. 4th 1128 · 2012 Prevailing parties recover attorney fees for pre-litigation mediation.
decided before the current text (eff. 2014-01-01, AB 805)
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
cited 3×
- Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker 2 Cal. App. 5th 252 · 2016 Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements.
cited 2×
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
mentioned in passing
- 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
Decided under the former numbering
- Ryland Mews Homeowners Assn. v. Munoz 234 Cal. App. 4th 705 · 2015 · as former §1369.520 Balanced injunctions enforcing flooring noise restrictions survive technical ADR defects.
- CHAPALA MANAGEMENT CORP. v. Stanton 186 Cal. App. 4th 1532 · 2010 · as former §1369.520 Prevailing-party fee awards under the Act are stayed on appeal without a bond.
decided before the current text (eff. 2014-01-01, AB 805)