As provided for in Civil Code §1354(b), any party to a dispute in a homeowners association may initiate the ADR process:. . . by serving on another party to the dispute a Request for Resolution. The Request for Resolution shall include (1) a brief description of the dispute between the parties, (2) a request for alternative dispute resolution, and (3) a notice that the party receiving the Request for Resolution is required to respond thereto within 30 days of receipt or it will be deemed rejected. Service of the Request for Resolution shall be in the same manner as prescribed for service in a small claims action as provided in CCP §116.340.
Although section 1354 calls for personal service or substituted service, the Court of Appeal in Cabrini Villas v. Haghverdian (2003) allowed for service by certified mail, provided there is a signed return receipt by the person being served.
Copy of §1354. Any time a "Request for Mediation" is sent, the sending party must include a copy of Section 1354.
Attorneys' Fees. In any action (in court or binding arbitration) to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.