California Civil Code §§ 5900–5940
The two gates before a lawsuit
A disqualified candidate has to be told how to appeal, and the appeal route the statute names is this one. Behind it sits a second gate: an enforcement action for declaratory, injunctive or writ relief may not be filed at all until alternative dispute resolution has been offered and either refused or completed.
Why an election law site carries this article
Section 5103(c)(2)(B) requires that a nominee who is told they do not qualify be given the basis for the disqualification and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal. That is a cross-reference to this article, by number, inside the acclamation conditions. An association whose internal procedure does not satisfy § 5910 has not given a qualifying appeal route, and the acclamation condition is not met.
Civil Code § 5900 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5900.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5905 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5905.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5910 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5910.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5915 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5915.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5920 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5920.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5925 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5925.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5930 — the text
Sources differ. Subdivision (b) reads “stated in Sections 116.220 and 116.221 of the Code of Civil Procedure” in the Legislative Counsel's database and “Section 116.220 and 116.221” in California Public Law. The text here follows the official database. Everything else reads identically in both.
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5930.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5935 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5935.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5940 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5940.json — the same text with its subdivision anchors, dates and sources.
Gate one: the association's own procedure
Section 5905 obliges every association to provide a fair, reasonable and expeditious procedure for resolving a dispute within the scope of § 5900, and to make it available to a member who requests it. Section 5910 sets the floor it must meet — among other things, that a member may refuse to participate, that the association may not; that the member is not charged a fee; and that a written resolution signed by both parties, where it does not conflict with the law or the governing documents, binds the association and is judicially enforceable.
An association that has adopted nothing does not escape: § 5915 supplies a default procedure, and it is specific. Either party may request a meeting to resolve the dispute in writing; a member's request obliges the board to meet; the board designates a director to meet; and an agreement reached is put in writing and signed.
The asymmetry worth knowing
Under § 5910 the member may refuse to participate in the association's internal procedure, and the association may not refuse a request from a member. The procedure is a right the member holds, not a hoop the association makes them jump through — which is the opposite of how it is usually described in governing documents.
Gate two: the Request for Resolution
Section 5930 bars an association or a member from filing an enforcement action in the superior court until alternative dispute resolution has been offered and either refused or completed. It applies where the action is solely for declaratory, injunctive or writ relief, or for that relief together with monetary damages within the small claims jurisdictional limits.
The mechanism is in § 5935: a party serves a Request for Resolution on the other, and the notice must state that the recipient has 30 days to respond or the request is deemed rejected. Where it is accepted, § 5940 gives the parties 90 days from receipt of the acceptance to complete the process unless they extend it, puts the costs on the parties, and applies the Evidence Code's mediation confidentiality to everything but arbitration. Section 5925 defines what counts: mediation, arbitration, conciliation, or another non-judicial procedure involving a neutral.
Two carve-outs in § 5930 are worth holding: it does not apply to a small claims action, and it does not apply to an assessment dispute. Neither reaches an election challenge, which is why the gate stands in front of one.
What this means for an election challenge
An action under § 5145 seeks declaratory or equitable relief — to void the result. That is squarely the kind of action § 5930 gates. So a member who believes an election was run unlawfully has a year to sue, and inside that year has first to serve a Request for Resolution and wait out a 30-day response window.
For the association that is not relief, it is a deadline. The window in which the records that would answer the complaint must still exist is the same one-year window — and the Request for Resolution is the first notice that it is running. An association that treats it as a formality has spent part of its own preparation time.
It has to be described where members look
Section 5920 requires the annual policy statement under § 5310 to include a description of the internal dispute resolution process. An association whose policy statement is silent has a procedure nobody has been told about, which is a poor answer to a nominee asking how to appeal a disqualification under § 5103.
Related
- § 5103 — acclamation, which requires a qualifying appeal route.
- § 5145 — the election action this article stands in front of.
- Inspecting association records — the other article with its own enforcement action.
- Board meetings — where the association's side of a dispute gets decided.