Binding Arbitration of Construction Dispute Between HOA and Developer Required by CC&Rs

  The California Supreme Court in Pinnacle Museum Tower Assn. v. Pinnacle Market Development reverses the Court of Appeal and holds that a clause in the recorded CC&Rs of a common interest development providing that the HOA and the individual owners agree to resolve any construction dispute with the developer through binding arbitration in accordance with the Federal Arbitration Act is binding on the HOA and is not unconscionable.

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