California Court of Appeal

In plaintiffs' suit against a condominium developer asserting construction defect claims, trial court's denial of defendant's motion to compel arbitration is affirmed where: 1) CC&R's are not an effective means of obtaining an agreement to arbitrate a homeowners association's construction defect claims against a developer as neither federal nor state law countenance imposition of arbitration where no agreement to waive judicial remedies exist; and 2) there has been no showing the association entered into a binding arbitration agreement as the recorded CC&R's, standing alone, are not a contract between the developer and the homeowners association, which only came into existence after the CC&R's were recorded.

Appellate Information

• Decided 01/11/2011
• Published 01/11/2011

Judges

• BENKE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles A. Bird, Jon H. Epsten