Supreme Court of California

In homeowners association's suit for construction defects against a condominium developer, the Court of Appeals' denial of the developer's motion to compel arbitration is reversed and remanded, as the arbitration clause binds the association and is not unconscionable, because although the association did not exist as an entity independent of the developer when the declaration was drafted and recorded, it is settled under statutory and decisional law pertaining to common interest developments that the covenants and terms in the recorded declaration reflect written promises and agreements that are subject to enforcement against the association.

Appellate Information

• Decided 08/16/2012
• Published 08/16/2012

Judges

• Baxter

Court

• Supreme Court of California

Counsel