California · Chapter CIV-10
Davis-Stirling Act Ch. 10 — Dispute Resolution and Enforcement — Plain-English Summary
Every section of this body of law translated into plain English for California board members and homeowners.
Discipline
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§5850
If the association adopts a fine schedule, it shall distribute the schedule to members and include it in the annual policy statement. A fine not in the distr…
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§5855
At least 10 days before a meeting to consider discipline or a damage-reimbursement charge, the board must give the member individual notice of the date, time…
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§5865
Nothing in this article authorizes a monetary penalty that the governing documents do not already authorize. The declaration and the distributed fine schedul…
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§5875
During a state of emergency that affects the CID, the association shall not pursue certain enforcement for violations that arise from the emergency itself (f…
Internal Dispute Resolution
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§5900
The IDR article applies to a dispute between the association and a member involving their rights, duties, or liabilities under the Act, under the Nonprofit M…
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§5905
Either party may invoke IDR. When a member requests it, the association shall participate. The association may also offer IDR in writing before filing suit.
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§5910
An IDR procedure must be fair, reasonable, and expeditious; it must be in writing; it may not charge the member a fee to participate; and a written resolutio…
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§5910.1
An association may not file a civil action against a member (with listed exceptions) unless it has first attempted to resolve the dispute through its IDR pro…
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§5915
If the association has not adopted its own IDR procedure, this default applies: the association designates one director to meet and confer with the member wi…
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§5920
The association shall distribute a summary of its IDR procedure with the annual policy statement.
Alternative Dispute Resolution
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§5925
For this article, 'alternative dispute resolution' means mediation, arbitration, conciliation, or other nonjudicial procedure involving a neutral third party…
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§5930
Neither the association nor a member may file an enforcement action in superior court solely for declaratory, injunctive, or writ relief, or for that relief …
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§5935
A party serves a Request for Resolution describing the dispute and offering ADR. The other party has 30 days to accept or reject. Failure to respond is a rej…
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§5940
If a Request for Resolution is accepted, the parties shall complete the ADR within 90 days of receipt, unless they agree in writing to extend.
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§5945
Service of a Request for Resolution tolls the applicable statute of limitations until the ADR period ends, so a party does not lose the claim by trying ADR f…
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§5950
A superior-court complaint covered by this article must include a certificate stating that ADR was completed, that the other side rejected ADR, or that preli…
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§5955
After a complaint is filed, the court may stay the action and refer the parties to ADR on a showing of good cause.
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§5960
In an enforcement action, the court may consider a party's refusal to participate in ADR when it awards attorney fees and costs.
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§5965
The association shall distribute a summary of this ADR article with the annual policy statement, in the statutory form this section provides.
Civil Actions
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§5975
The covenants and restrictions in the declaration are enforceable as equitable servitudes. The association, or any owner, may sue to enforce them. The prevai…
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§5980
The association has standing to sue in its own name on matters of common interest, including enforcing the governing documents, damage to the common area, an…
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§5985
In a construction-defect or damage action, comparative fault may be allocated among the association, the owners, and other parties as this section provides, …
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§5986
The board may decide to bring a construction-defect action without a membership vote, unless the governing documents require one. Settlement authority follow…
Frequently asked about Chapter CIV-10
- What is California Chapter CIV-10?
- California Chapter CIV-10 — the Davis-Stirling Act Ch. 10 — Dispute Resolution and Enforcement — is the body of law that governs how every California CID is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter CIV-10?
- Chapter CIV-10 contains 23 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at leginfo.legislature.ca.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a California-licensed attorney.
- How often does California Chapter CIV-10 change?
- The California Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter CIV-10 for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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