Get help finding the Right Real Property Lawyer for your case
To govern the formation and operation of condominium and homeowner associations, California State legislature passed a statutory law called the Davis-Stirling Common Interest Development Act in 1986. The Davis-Sterling Common Interest Development Act allows a common interest developer to create a homeowners' association (HOA) to govern the development.
The Davis-Stirling Act states that "a homeowners association or an owner... may not file a civil action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution." "Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure... The form of alternative dispute resolution... may be binding or non-binding, with the voluntary consent of the parties."
The purpose of the Davis-Stirling Act was to encourage mediation as an alternative to litigation, to save time on all CID disputes. A real property lawyer can give you more information about the Davis-Stirling Common Interest Development Act. Since alternative dispute resolution is not mandatory for (i) disputes that claim monetary damages in excess of $5000, (ii) disputes over assessments, and (iii) disputes filed in Small Claims court, a real property lawyer can help you mediate.
Attorney Search Network is a State Bar Certified lawyer referral service. Contact Attorney Search Network today to find out about the Davis-Stirling Act and to be referred to a real property lawyer in your area.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Real Property lawyer referral.