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Civil Code §5940. Time for Completing ADR Process and Cost Splitting

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5940. Time for Completing ADR Process and Cost Splitting

(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties.

 (b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration.

 (c) The costs of the alternative dispute resolution shall be borne by the parties. [2012 – Based on former §1369.540]

Civil Code §5945. Effect of ADR on Statutes of Limitation

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5945. Effect of ADR on Statutes of Limitation

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. [2012 – Based on former §§1369.550]

Civil Code §5950. Filing ADR Certificate when Filing Court Action

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5950. Filing ADR Certificate when Filing Court Action

(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied:

  (1) Alternative dispute resolution has been completed in compliance with this article.

  (2) One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution.

  (3) Preliminary or temporary injunctive relief is necessary.

 (b) Failure to file a certificate pursuant to subdivision (a) is grounds for a demurrer or a motion to strike unless the court finds that dismissal of the action for failure to comply with this article would result in substantial prejudice to one of the parties. [2012 – Based on former §1369.560]

Civil Code §5955. Referral to ADR and Stay of Court Action by Stipulation

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5955. Referral to ADR and Stay of Court Action by Stipulation

(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603 of the Government Code.
(b) The costs of the alternative dispute resolution shall be borne by the parties. [2012 – Based on former §1369.570]

Civil Code §5960. Refusal to Participate in ADR; Effect on Award of Fees and Costs

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5960. Refusal to Participate in ADR; Effect on Award of Fees and Costs

In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was reasonable. [2012 – Based on former §1369.580]

Civil Code §5925. ADR Definitions

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5925. ADR Definitions

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. [2012 – Based on former §1369.510]

Civil Code §5930. ADR Required Before Filing Certain Actions

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 3. Alternative Dispute Resolution (ADR) Prerequisite to Civil Action  >  Civil Code §5930. ADR Required Before Filing Certain Actions

(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. [2012 – Based on former §1369.520]

Civil Code §5920. Notice to Members Describing IDR Procedure Used

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 2. Internal Dispute Resolution (IDR)  >  Civil Code §5920. Notice to Members Describing IDR Procedure Used

The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article. [2012 – Based on former §1363.850]

Civil Code §5900. Applicability of IDR to Association-Member Disputes

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 2. Internal Dispute Resolution (IDR)  >  Civil Code §5900. Applicability of IDR to Association-Member Disputes

(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.

 (b) This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action. [2012 – Based on former §1363.810]

Civil Code §5905. Fair, Reasonable and Expeditious IDR Procedure Required

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 10. Dispute Resolution and Enforcement  > Article 2. Internal Dispute Resolution (IDR)  >  Civil Code §5905. Fair, Reasonable and Expeditious IDR Procedure Required

(a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article.

 (b) In developing a procedure pursuant to this article, an association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development.

 (c) If an association does not provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article, the procedure provided in Section 5915 applies and satisfies the requirement of subdivision (a). [2012 – Based on former §1363.820]