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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.

Sections Civ. Code §§ 5900, 5905, 5910, 5915, 5920, 5925, 5930, 5935, 5940 Named by § 5103(c)(2)(B) Amendment §§ 5910, 5915: AB 731 (2015) Text verified 2026-10-10

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

Scope of the Internal Dispute Resolution Article
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.
(b)This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action.

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

The Association's Duty to Provide a Procedure
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article.
(b)In developing a procedure pursuant to this article, an association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development.
(c)If an association does not provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article, the procedure provided in Section 5915 applies and satisfies the requirement of subdivision (a).

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

Minimum Requirements of a Fair Procedure
Amended by Stats. 2015, Ch. 303, Sec. 34. (AB 731) Effective January 1, 2016.

A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements:
(a)The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing.
(b)The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for the association to act on a request invoking the procedure.
(c)If the procedure is invoked by a member, the association shall participate in the procedure.
(d)If the procedure is invoked by the association, the member may elect not to participate in the procedure. If the member participates but the dispute is resolved other than by agreement of the member, the member shall have a right of appeal to the board.
(e)A written resolution, signed by both parties, of a dispute pursuant to the procedure that is not in conflict with the law or the governing documents binds the association and is judicially enforceable. A written agreement, signed by both parties, reached pursuant to the procedure that is not in conflict with the law or the governing documents binds the parties and is judicially enforceable.
(f)The procedure shall provide a means by which the member and the association may explain their positions. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost.
(g)A member of the association shall not be charged a fee to participate in the process.

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

The Default Procedure Where the Association Provides None
Amended by Stats. 2015, Ch. 303, Sec. 35. (AB 731) Effective January 1, 2016.

(a)This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious within the meaning of this article.
(b)Either party to a dispute within the scope of this article may invoke the following procedure:
(b)(1)The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.
(b)(2)A member of an association may refuse a request to meet and confer. The association shall not refuse a request to meet and confer.
(b)(3)The board shall designate a director to meet and confer.
(b)(4)The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The parties may be assisted by an attorney or another person at their own cost when conferring.
(b)(5)A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association.
(c)A written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions are satisfied:
(c)(1)The agreement is not in conflict with law or the governing documents of the common interest development or association.
(c)(2)The agreement is either consistent with the authority granted by the board to its designee or the agreement is ratified by the board.
(d)A member shall not be charged a fee to participate in the process.

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

Description in the Annual Policy Statement
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article.

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

Definitions
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

As used in this article:
(a)“Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.
(b)“Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:
(b)(1)Enforcement of this act.
(b)(2)Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code).
(b)(3)Enforcement of the governing documents.

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

Alternative Dispute Resolution Before an Enforcement Action
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
(b)This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.
(c)This section does not apply to a small claims action.
(d)Except as otherwise provided by law, this section does not apply to an assessment dispute.

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

Request for Resolution
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following:
(a)(1)A brief description of the dispute between the parties.
(a)(2)A request for alternative dispute resolution.
(a)(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.
(a)(4)If the party on whom the request is served is the member, a copy of this article.
(b)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.
(c)A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party.

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

Completing the Alternative Dispute Resolution
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties.
(b)Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration.
(c)The costs of the alternative dispute resolution shall be borne by the parties.

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.

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