MAYFAIRE HOMEOWNERS ASSOCIATION V. DEOL (2022) [ADR REQUESTS BEFORE FILING LAWSUITS]

In 2015, Mr. Deol’s home in the association burned down. Over two years later, Mr. Deol had not yet submitted plans or obtained approval from the association to rebuild his home. Due to Mr. Deol’s failure to rebuild his home in a timely manner, in 2017 the association filed a lawsuit and prevailed at the trial court compelling Mr. Deol to complete rebuilding his home within 90 days. The issue on appeal was whether the association’s failure to plead and prove that it had properly served Mr. Deol with a request to participate in alternative dispute resolution (ADR) before the lawsuit was filed as is required under Civil Code Sections 5925 et. seq. While the complaint had a Request for ADR attached, there was no evidence or documentation that the ADR request was properly served on Mr. Deol. The appellate court determined that the association had the burden to prove it had complied with the ADR statutes. Since the association did not prove the ADR request had been properly served, the trial court’s judgment was reversed.