IDR
Also known as: Internal Dispute Resolution, Meet and Confer
Internal Dispute Resolution (IDR) is a mandatory informal process established by California Civil Code Section 5900 that provides homeowners and associations with a structured way to resolve disputes before escalating to formal legal proceedings. Either a homeowner or the association board may request IDR by submitting a written request to the other party. When a homeowner requests IDR, the board is required to participate — it cannot refuse. The IDR meeting must include at least one board member with authority to act on behalf of the association, and the homeowner may bring a support person but not an attorney unless both parties agree. The goal is a face-to-face discussion to reach a mutually acceptable resolution, and any agreement reached should be documented in writing and signed by both parties. IDR is a prerequisite before the association can pursue certain enforcement actions, including the imposition of monetary penalties or fines under Civil Code Section 5855. If the board refuses to participate in IDR when properly requested, it may lose the ability to recover attorney fees in subsequent litigation. IDR is distinct from Alternative Dispute Resolution (ADR) under Civil Code Section 5925, which encompasses formal mediation and arbitration conducted by neutral third parties. IDR is faster, less expensive, and does not require outside professionals — it is simply a structured conversation between the disputing parties. For associations, having a clear IDR policy and tracking IDR requests is important for both compliance and demonstrating good faith in any subsequent legal proceedings.
Example in Context
A homeowner submitted a written IDR request disputing a $200 fine for an alleged landscaping violation. The board designated its vice president to attend the IDR meeting, where they reviewed photos and agreed to reduce the fine to $50 and give the homeowner 30 days to bring the landscaping into compliance.
Common Misunderstanding
IDR is not the same as mediation or arbitration. IDR is an informal, internal process between the homeowner and the board — no neutral third party is involved. Mediation and arbitration are formal ADR processes under Civil Code Section 5925 that typically occur after IDR has been attempted.
Related Terms
Frequently Asked Questions
Can the HOA board refuse to participate in IDR if a homeowner requests it?
No. Under Civil Code Section 5900, the association must participate in IDR when requested by a homeowner. If the board refuses, it risks losing the ability to recover attorney fees if the dispute later goes to litigation. The board should designate at least one member with settlement authority to attend the IDR meeting and treat the process as an opportunity to resolve the issue before it escalates.