Legal Question in Real Estate Law in California

Re: Can HOA take action against homeowner for not following Davis-Stirling?

The questions of ADR, attorneys fees and the like will all get resolved in the pending lawsuit. A separate lawsuit would be unnecessary and costly. Your attorneys will seek attorneys fees and costs when and if they prevail - until then, there is no basis for seeking fees. They will also seek to have the matter referred out to ADR, or alternatively, to have the lawsuit thrown out on the grounds that ADR was required prior to filing, if in fact that is required. My recollection, however, is that homeowners have successfully defeated that argument in the past. Let your appointed counsel handle the lawsuit.

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