TINNELLY LAW GROUP has prevailed in a maintenance enforcement suit for one of our clients–a Homeowners Association (HOA) in the City of Orange, California. Our client initially sought to resolve its dispute for several years with the homeowner outside of court through Alternative Dispute Resolution (ADR). The homeowner refused to…
Arbitration provisions contained in a developer’s recorded CC&Rs are held not to be binding contractual terms… Our recent blog post titled “Enforceability of Arbitration Provisions in Disputes with Developers” discussed the 2010 case of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, 187 Cal.App.4th 24 (2010). In Pinnacle,…
Arbitration provision contained in developer’s CC&Rs is not binding contract term… Villa Vicenza Homeowners Association v. Nobel Court Development, LLC(2011) WL 72200 OPINION, BENKE, Acting P.J. *1 In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC & R’s) which required that…
Common Interest Developments>Governing Documents>Enforcement California Civil Code § 1354. Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Alternative Dispute Resolution (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests…
TLG recently secured a favorable settlement agreement for our HOA client including a recovery of approximately $140,000… TINNELLY LAW GROUP has just settled a maintenance and architectural enforcement case on behalf of one of our clients–a Homeowners Association (HOA) in Laguna Niguel, California. The defendant homeowner refused to fulfill her…
Binding arbitration provisions contained in a HOA’s CC&Rs may not be enforceable in a construction defect action against the HOA’s developer… In Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, 187 Cal.App.4th 24 (2010), a HOA sued its developer for construction defects. Both the HOA’s CC&Rs and the…
A Binding Arbitration Provision contained in a HOA’s CC&Rs was held not to be enforceable as between the HOA and the Developer in a construction defect action… Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC (2010) 113 Cal.Rptr.3d 399** Review Granted | Previously published at: 187 Cal.App.4th 24…
Chapter 1 includes:Article 1. Preliminary ProvisionsArticle 2. Definitions DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT CHAPTER 1. GENERAL PROVISIONS Article 1. Preliminary Provisions §1350. CitationThis title shall be known and may be cited as the Davis-Stirling Common Interest Development Act. §1350.5. HeadingsDivision, part, title, chapter, and section headings do not in any…
Chapter 2 includes:Article 1. CreationArticle 2. EnforcementArticle 3. AmendmentArticle 4. Operating Rules DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT CHAPTER 2. GOVERING DOCUMENTS Article 1. Creation §1352. Application of Title; Creation of Common Interest DevelopmentThis title applies and a common interest development is created whenever a separate interest coupled with an interest…
Inspection of Books and Records of Association California Civil Code § 1365.2 Inspection of Books and Records DAVIS-STIRLING ACT Civil Code §1365.2. Inspection of Books and Records. (a) For the purposes of this section, the following definitions shall apply: (1) “Association records” means all of the following: (A) Any financial…