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Under Davis Stirling, the homeowner does not have to wait for the HOA to go through ADR, and the owner can proceed immediately to litigation.
(This is not true for the HOA, which is required to give the 30 days to the homeowner).
Should we respond to their letter at all then?
If you wish to tell them that you are proceeding directly to litigation due to their failure to respond to your ADR demand, you can do so (it never hurts if you actually intend to make use of the ADR process), and it does confirm that you are going to litigation, but it is not entirely necessary.
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