SAN FRANCISCO In a broad victory for contractual arbitration that called to mind recent U.S. Supreme Court decisions, the California Supreme Court ruled Thursday that a homeowners association can be forced to arbitrate construction defect suits via land use restrictions recorded by the developer.
Even though the homeowners association did not yet exist when the developer filed its declaration of restrictions, and therefore could not have consented to arbitration in the traditional sense, the individual homeowners who make up the association waived the right to a jury trial by consenting to the restrictions when buying their homes, the court ruled.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
