Home > Uncategorized > Villa v. Nobel finds CC&R’s are Not a Contract between the Developer and HOA and will not Compel Arbitration

Villa v. Nobel finds CC&R’s are Not a Contract between the Developer and HOA and will not Compel Arbitration

In the case of Villa Vicenza Homeowner’s Association v. Noble Court Development, LLC, the Fourth District Court of Appeals affirmed the trial court’s denial of the developer’s motion to compel arbitration.  This was a homeowners association’s suit for construction defects in San Diego County.  The developer attempted to compel arbitration, based solely on an arbitration clause contained in the recorded CC&R’s.  The Court confirmed that the recorded CC&R’s, standing alone, are not a contract between the developer and the homeowners association.  The HOA only came into existence after the CC&Rs were recorded, and thus, here there was no showing the association entered into a binding arbitration agreement with the developer that would allow arbitration to be compelled.  This is consistent with long held case precedents that a waiver of the right to a trial by jury, typically requires actual notice and clear written consent.

Nothing herein should be construed as legal advice or creating any attorney-client relationship. Please consult with an attorney for specific legal advice. Thank you.

All Rights Reserved © 2010 by Michael L. Mau, Esq.

The Mau Law Firm

Blog: http://maulaw.spaces.live.com

Website: www.MauLaw.com

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Categories: Uncategorized
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