HOA pre-suit ADR (Davis-Stirling): party served with a Request for Resolution has 30 days following service to accept or reject (silence = rejection)
30 days after date the request for resolution was served, under Cal. Civ. Code 5935(a)(3), (b), (c).
Rule text
(c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party.
Calculate this deadline
- Trigger (Date the Request for Resolution was served): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Cal. Civ. Code 5935(a)(3), (b), (c)
(c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Service may be by personal delivery, first-class mail, express mail, fax, or other means reasonably calculated to give actual notice (5935(b)). The required notice in the Request itself says to respond 'within 30 days of receipt' (5935(a)(3)) while (c) runs the period 'following service'; for mailed requests the two can differ, so a responding party should respond within 30 days of the mailing date. Whether CCP 1013 adds days for mail service of this pre-litigation paper is unsettled; not applied. Statute of limitations tolled during this response period if the Request is served before the limitations period ends (5945(a)). Applies to enforcement actions solely for declaratory, injunctive or writ relief (or with damages within small claims limits), not small claims or (generally) assessment disputes (5930). Davis-Stirling Common Interest Development Act; section added by Stats. 2012, ch. 180 (AB 805), operative Jan. 1, 2014 (no later amendment shown on leginfo as of 2026-10-27).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the Request for Resolution was served on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the Request for Resolution was served): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Service may be by personal delivery, first-class mail, express mail, fax, or other means reasonably calculated to give actual notice (5935(b)). The required notice in the Request itself says to respond 'within 30 days of receipt' (5935(a)(3)) while (c) runs the period 'following service'; for mailed requests the two can differ, so a responding party should respond within 30 days of the mailing date. Whether CCP 1013 adds days for mail service of this pre-litigation paper is unsettled; not applied. Statute of limitations tolled during this response period if the Request is served before the limitations period ends (5945(a)). Applies to enforcement actions solely for declaratory, injunctive or writ relief (or with damages within small claims limits), not small claims or (generally) assessment disputes (5930). Davis-Stirling Common Interest Development Act; section added by Stats. 2012, ch. 180 (AB 805), operative Jan. 1, 2014 (no later amendment shown on leginfo as of 2026-10-27).
Related deadlines
- HOA assessment becomes delinquent 15 days after it is due (unless the declaration provides a longer period) (15 days after)
- HOA delinquent assessment: interest (max 12 percent) may run commencing 30 days after the assessment became due (30 days after)
- HOA assessment lien: earliest date to record the notice of delinquent assessment, 30 days after the certified-mail pre-lien notice (30 days after)
- HOA assessment collection: owner mails written request to meet with board about a payment plan within 15 days of the postmark of the pre-lien notice (to trigger the 45-day meeting requirement) (15 days after)
- HOA assessment collection: board meets with owner in executive session within 45 days of the postmark of a timely payment-plan request (45 days after)
- HOA assessment lien: mail copy of recorded notice of delinquent assessment by certified mail to every owner no later than 10 calendar days after recordation (10 days after)
- HOA assessment lien: may be enforced (judicial or trustee sale) only after expiration of 30 days following recording of the lien (30 days after)
- HOA foreclosure: board vote approving foreclosure of the assessment lien must take place at least 30 days before any public sale (30 days before)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.