HOA & Members. Neither associations nor their members may file an "enforcement action" in superior court unless the parties have "endeavored" to submit their dispute to alternative dispute resolution pursuant to Civil Code §1369.520. Parties are required to offer alternative dispute resolution (ADR) if the anticipated litigation is:

• Enforcement action that is solely for declaratory, injunctive relief, or writ relief.

• Relief in conjunction with small claims damages. CCP §116.220, CCP §116.221.

• Prior to initiating foreclosure on an owner's interest. Civil Code §1367.4(c).

Certificate of Compliance. At the commencement of litigation, the party filing the action must include certificate stating that one or more of the following conditions is satisfied:

• ADR has been completed,

• Other party did not accept ADR, or

• Preliminary or temporary injunctive relief is necessary (Civil Code §1369.560)

CC&R Provision. ADR can also be required by an association's CC&Rs.

Small Claims. ADR is not required prior to going into small claims court. Civil Code §1369.520(c).

Attorneys' Fees. The award of attorneys' fees may depend on whether the parties participated in ADR.