As provided for in Civil Code §5935(a), any party to a dispute in a homeowners association may initiate the ADR process by serving on all other parties to the dispute a Request for Resolution. A request for resolution must include all of the following:
(1) A brief description of the dispute between the parties.
(2) A request for alternative dispute resolution.
(3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected.
(4) If the party on whom the request is served is the member, a copy of Civil Code §§ 5925-5965.
Serving the Request. Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request. (Civ. Code §5935(b).) The Court of Appeal in Cabrini Villas v. Haghverdian (2003) also allowed for service by certified mail, provided there is a signed return receipt by the person being served.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.