Legal Question in Real Estate Law in California

The CC&R's for my Home Owners Association has a Section for Alternate Dispute Resolution that basically says the matter will be heard by a reference pursuant to the provisions of the California Code of Civil Procedure, Sections 638-645, inclusive.

I am disputing improperly imposed fines. The Fine amount is about $2,000.00

Part of Sections 638-645 - A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties:

Do I have to take my HOA to court to get a judge to appoint a referee or can I ask/demand my HOA board handle this?

If I am taking them to court to get a referee must I bother with a referee or at that point should I just take them to small claims court?


Asked on 6/09/10, 1:51 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I've never seem a referee appointed without an actual action filed in court between the parties. I'm willing to bet that the lawsuit and the referee easily cost more than $2,000.00.

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Answered on 6/12/10, 2:51 pm


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