WHEN IS ADR REQUIRED?
Civil Code §1369.520

ADR Required. Associations and owners are required to make an offer of Alternative Dispute Resolution (ADR) prior to filing an action in superior court if the anticipated litigation is:

• an enforcement action that is solely for declaratory, injunctive, or writ relief, or

• for relief in conjunction with small claims damages (CCP § 116.220 and CCP § 116.221)

Certificate of Compliance. At the commencement of litigation, the party filing the action must include certificate stating that one or more of the following conditions is satisfied:

• ADR has been completed

• the other party did not accept ADR, or

• preliminary or temporary injunctive relief is necessary (Civil Code §1369.560)

ADR Not Required. ADR is not required for small claims actions or assessment disputes.

Updated by ADAMS KESSLER 9/19/2008