Civil Procedure,
Alternative Dispute Resolution
Jul. 22, 2024
The benefits of mediating HOA disputes
In most cases, California homeowners' associations must resolve disputes under the Davis-Stirling Common Interest Development Act through alternative dispute resolution before going to court. Mediation is especially effective for HOA conflicts, facilitating emotional de-escalation.
In a capitalist economy, property rights are foundational and the assertion of control over one's home is particularly treasured. "The maxim that a 'man's house is his castle' is one of the oldest and most deeply rooted principles in Anglo-American jurisprudence." Jonathan L. Hafetz, "A Man's Home is His Castle?": Reflections on the Home, the Family, and Privacy During the Late Nineteenth and Early Twentieth Centuries, 8 Wm. & Mary J. ...
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