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Homeowner associations and members not necessarily bound by arbitration provisions in CC&Rs or in related purchase agreement where developer is initial declarant

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 10 2010

Pinnacle Museum Tower Association v Pinnacle Market Development (US) LLC, No D055422 (4th Dist July 30, 2010) Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and only declarant

Provisions in CC&R's requiring arbitration of claims against developers by homeowners associations or owners are not enforceable

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • January 21 2011

In Villa Vicenza Homeowners Ass'n v Nobel Court Dev, LLC, No D054550 (4th Dist. Jan 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and restrictions (CC&R's) that required a homeowners association (HOA) and homeowners to arbitrate claims against the developer are not enforceable