Here's the counterintuitive truth: When your HOA board ignores your IDR request or imposes unlawful conditions, they're not blocking you from court - they're paving your way there.
This guide explains how Internal Dispute Resolution works, common board obstruction tactics, and how to document "constructive exhaustion" that satisfies pre-litigation requirements.
What Is Internal Dispute Resolution (IDR)?
Internal Dispute Resolution (IDR) is a meet-and-confer process required by California Civil Code 5900-5920 before an owner can sue their HOA over most disputes. The purpose is to:
- Give both sides a chance to resolve disputes without litigation
- Reduce legal costs for owners and associations
- Create a record of good-faith efforts before court
- Preserve the community relationship where possible
The HOA must have an IDR procedure in its governing documents or operating rules. If it doesn't, the default statutory procedure applies.
IDR is required before filing suit for most HOA-related disputes, including:
- Record inspection disputes (failure to produce documents)
- Assessment disputes (special assessments, collection practices)
- Rule enforcement disputes (fines, violations, selective enforcement)
- Election disputes (voting procedures, candidate qualifications)
- Financial transparency disputes (audits, budgets, fund handling)
- Architectural disputes (modification approvals, denials)
Exception: IDR is NOT required for emergency situations, small claims court actions under certain dollar amounts, or when the HOA has waived the requirement through its conduct.
| Feature | IDR (Internal) | ADR (Alternative) |
|---|---|---|
| Who runs it? | HOA board member or designee | Neutral third-party mediator/arbitrator |
| Cost | Free (no mediator fees) | Shared or HOA-paid mediator fees |
| Binding? | No - just a meeting | Mediation: No; Arbitration: Yes |
| Required first? | Yes, generally required | Sometimes required by CC&Rs |
| Timeline | Should occur within 45 days | Varies based on mediator availability |
How to Properly Request IDR
Send a written IDR request to the board, citing Civil Code 5900. Describe the dispute clearly and propose meeting within 45 days.
The HOA should respond within a reasonable time (typically 10-14 days) to either accept, propose alternative dates, or explain why IDR is inappropriate.
If scheduled, attend the IDR meeting with your documentation. You may bring support persons; the HOA typically sends a board member or manager.
After IDR, send written confirmation of what was discussed and any agreements reached. If no resolution, document that IDR was attempted and failed.
- Copy of your IDR request and any response from the board
- Timeline of events (when you made requests, when they responded/didn't respond)
- Copies of all relevant correspondence (emails, letters, notices)
- Copy of the specific records or relief you're requesting
- Relevant CC&R provisions or Civil Code sections
- Written summary of your position (leave a copy with them)
- Notepad to take notes during the meeting
Tip: Bring a support person if allowed. Having a witness can help document what was said and prevent later mischaracterization of the meeting.
Common Board Obstruction Tactics
Boards that don't want to resolve disputes often obstruct IDR rather than participate in good faith. Recognizing these tactics helps you document constructive exhaustion.
A common board tactic is to impose unlawful conditions, then claim YOU rejected IDR when you objected. Here's how it works:
- You request IDR per 5900
- Board responds: "We accept, but only if [unlawful condition]"
- You object to the condition, requesting IDR without it
- Board says: "You rejected our offer. IDR is over."
- Later in court: "They refused to participate in IDR"
Counter this by: Always respond in writing: "I am not rejecting IDR. I am objecting to the unlawful condition of [X]. I remain ready and willing to participate in IDR as required by Civil Code 5900, without this condition. Please propose dates."
Constructive Exhaustion: When Obstruction Clears Your Path
"Constructive exhaustion" means you've satisfied the IDR requirement even though actual IDR didn't occur, because the board's conduct made meaningful IDR impossible.
Courts recognize that requiring owners to complete a process the HOA is deliberately obstructing would be futile and unjust. When the board refuses to participate in good faith, the pre-litigation requirement is deemed satisfied.
The silver lining: Board obstruction actually helps your case. It shows bad faith, creates a documented record of non-cooperation, and allows you to proceed to court without further delay.
- No response - Board ignores valid IDR request for 30+ days
- Explicit refusal - Board states it won't participate in IDR
- Unlawful conditions - Board imposes conditions not authorized by statute or CC&Rs
- Unreasonable delay - Board schedules IDR months in the future without justification
- Scope manipulation - Board refuses to address the actual dispute you raised
- Bad faith participation - Board attends but refuses to discuss substance or negotiate
- Misrepresentation - Board falsely claims you rejected IDR
To prove constructive exhaustion in court, you need a clear paper trail showing:
- Your valid request - Dated, delivered, citing 5900, describing the dispute
- Their response (or non-response) - What they said, when, any conditions imposed
- Your continued willingness - Written statements that you remain ready for IDR
- Their obstruction - Specific actions/inactions that prevented IDR
- Timeline - Dates showing unreasonable delays or failure to respond
Keep copies of everything: Emails, certified mail receipts, any written responses, even notes of phone calls (date, time, who you spoke with, what was said).
Alternative Dispute Resolution (ADR) Option
If IDR fails or is obstructed, you may want to try ADR (mediation with a neutral third party) before litigation:
- Mediation is often faster than court proceedings
- Costs are shared or sometimes paid by the HOA
- Neutral mediator can break deadlocks the board won't address
- Courts like it - showing you tried mediation strengthens your case
- May be required - some CC&Rs mandate mediation before litigation
However, if the board is acting in bad faith on IDR, they may obstruct ADR too. Document any ADR attempts the same way you documented IDR.
Under Civil Code 5930, before filing certain HOA lawsuits, the initiating party must serve a "Request for Resolution" offering to resolve the dispute through ADR.
Key requirements:
- Must be served at least 30 days before filing suit
- Must offer to participate in ADR (mediation or arbitration)
- Recipient has 30 days to accept or reject
- If rejected or ignored, requirement is satisfied
This is separate from IDR and may apply even if IDR was completed or exhausted.
If you pursue mediation, look for mediators experienced in HOA disputes:
- JAMS - Major ADR provider with HOA-experienced mediators
- ADR Services, Inc. - California-focused ADR provider
- Local bar association - Many have mediator referral programs
- Community mediation centers - Lower-cost options for smaller disputes
Costs typically range from $300-$600/hour, often split between parties. Some CC&Rs require the HOA to pay all or most mediation costs.
Documenting Everything: Your Pre-Litigation Checklist
- Original IDR request with proof of delivery (certified mail receipt, email confirmation)
- All written responses from the board or management
- Any conditions they imposed and your objections
- Follow-up communications showing your continued willingness to participate
- Timeline/chronology of all communications with dates
- Notes from any meetings or phone calls (date, time, participants, substance)
- The underlying dispute documentation (records requests, payment records, etc.)
- Relevant CC&R provisions and Civil Code sections
- Any ADR offers made and responses received
- Written summary of why IDR was constructively exhausted
Courts and attorneys love chronologies. Create a simple timeline:
After IDR Fails: Next Steps
Before filing suit, consider having an attorney send a demand letter. This often produces results because:
- Shows you're serious about enforcement
- Puts board on notice of potential liability
- May trigger D&O insurance notification
- Creates record of pre-suit good faith
- Sometimes resolves dispute without litigation
For disputes under $12,500 (or $6,250 if you're a business), small claims court offers:
- No attorney required (or allowed)
- Low filing fees ($30-$75)
- Fast resolution (hearing within 30-70 days)
- Can seek the $500 penalty for record request violations
Limitations: Can't get injunctions, can't recover attorney fees (since you can't use an attorney), limited to money damages within the cap.
For disputes seeking $25,000 or less, a limited civil case offers:
- Can be represented by attorney
- Can seek injunctive relief (court orders)
- Can seek declaratory relief (court declares rights)
- Attorney fee recovery if you prevail
- Faster than unlimited civil cases
For larger disputes or complex relief, an unlimited civil case allows:
- No damages cap
- Full discovery rights
- Injunctive and declaratory relief
- Comprehensive resolution of multiple issues
- Attorney fee recovery if you prevail
Considerations: More expensive, takes longer, but provides the most complete remedies for serious disputes.
Need Help with IDR or HOA Litigation?
If your HOA is obstructing IDR, refusing to participate in good faith, or you've exhausted pre-litigation requirements and need to proceed to court, I can help you evaluate your options and develop an enforcement strategy.