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…
DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACTCHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS §1358. Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests (a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Mansouri v. Superior Court of Placer County(2010) 181 Cal.App.4th 633 OPINION CANTIL-SAKAUYE, J. ORIGINAL PROCEEDINGS: Petition for Writ of Mandate. Granted. A dispute arose between petitioner Zari Mansouri and her homeowners’ association, the…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Many disputes arise between Homeowners Associations (HOAs) and homeowners that implicate a HOA’s arbitration and enforcement provisions contained in its governing documents. In Mansouri v. Superior Court of Placer County, 181 Cal.App.4th 633…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Under the Davis-Stirling Act, Homeowners Associations (HOAs) are typically obligated to repair and maintain common areas except for those common areas deemed to be “exclusive use” common areas. The repair…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Dover Village Association v. Jennison(2010) 4th District, No. G042741 OPINION RYLAARSDAM, ACTING P. J. Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport…