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Real Estate Legal Alert
August 16, 2012              

Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs

Earlier today, the California Supreme Court issued a significant opinion in the matter of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., holding that arbitration provisions in recorded Covenants, Conditions and Restrictions (CC&Rs) are enforceable by a developer unless proven to be unreasonable. The Court found that California law, including the detailed provisions of the Davis-Stirling Act, and the oversight of the California Department of Real Estate provides sufficient protection for purchasers who become members of a homeowners association.

This decision represents a major victory for developers who can now expect that most of these provisions will be enforced, eliminating the risk of potentially excessive jury verdicts. The full opinion can be found here.

The Pinnacle decision reverses a trend of recent decisions that found arbitration provisions in CC&Rs to be unenforceable by developers. Developers in the Villa Vicenza, Promenade, and Verano matters should now benefit from the Supreme Court’s decision in Pinnacle. If you are interested in learning more about the cases mentioned above or have questions, please contact Valentine Hoy, Matthew Marino, or Timothy Hutter.

 

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Hoy Valentine S Valentine S. Hoy
Partner
Construction | Litigation
San Diego
(619) 235-1521
(619) 233-1158 (fax)
E-mail me

Marino Matthew Matthew J. Marino
Partner
Litigation | Construction | Class Actions
San Diego
(619) 235-1558
(619) 233-1158 (fax)
E-mail me

Hutter Timothy Timothy M. Hutter
Associate
Litigation
San Diego
(619) 235-1510
(619) 233-1158 (fax)
E-mail me




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Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Francisco and San Diego. The firm's core specialties include real estate, real estate and commercial finance, bankruptcy and creditors' rights, construction, land use, natural resources, environmental, corporate and securities, intellectual property, joint ventures, taxation, employment and labor law, and dispute resolution and litigation in all these matters. More...