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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118760
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In California is a HOA required to offer ADR in disputes.

Customer Question

In California is a HOA required to offer ADR in disputes. Not simply a meeting with the Board but with a neutral third party
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: California
JA: Has anything been filed or reported?
Customer: Don't understand your question - filed or reported to whom by whom
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's good
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The CA Homeowners Act does NOT mandate Alternative Dispute Resolution. The HOA Act allows the associations to set their own bylaws for governance. It is up to the Association to decide to include ADR in their bylaws if they want it, but if it is not included there is no legal requirement. If not included, then the resident who is alleging violations must file suit in court if they lose their appeal to the HOA Board.
The homeowner can ask for ADR, but the Board does not have to grant it if the bylaws are silent and do not specify ADR.
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Customer: replied 2 months ago.
Thanks very much. Not a huge problem - just an exceeding annoying one.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

I understand that these issues can become annoying with an HOA, especially one that may be unreasonable. If there is no ADR clause in the HOA bylaws, I am afraid you are limited in your recourse.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.