Legislative & Case Law Update (2013) Now Available!
Our annual “Legislative & Case Law Update” newsletter for the year 2013 is now available in our library! The Legislative & Case Law Update provides an overview of the new legislation and case law impacting California Homeowners Associations (“HOAs”) as we head into 2013. The new legislation includes, among other items, bills that impact Bank […]
Arbitration Provisions Rise Again in Construction Defect Disputes
*New Case Law On August 16, 2012 the California Supreme Court announced its decision in a case that will undoubtedly impact homeowners associations (“HOAs”), developers, owners and insurers in disputes arising from construction defects. The ruling in Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC sets the stage for construction defect disputes to […]
Arbitration Provisions in Developer CC&Rs: NOT ENFORCEABLE?
Arbitration provisions contained in a developer’s recorded CC&Rs are held not to be binding contractual terms… Our recent blog post titled “Enforceability of Arbitration Provisions in Disputes with Developers” discussed the 2010 case of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, 187 Cal.App.4th 24 (2010). In Pinnacle, the court held that binding […]
HOAs Must Strictly Adhere to Arbitration Provisions in their Governing Documents
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration…