Calif. Court Voids Arbitration Provision in Condo Covenants

SAN DIEGO - A California appellate court has refused to uphold an arbitration provision in a condominium association's declaration of covenants, conditions and restrictions, saying it is not an "agreement" between the association and developer that would preempt the right to trial. Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, et al., No. D055422 (Calif. Ct. App., 4th Dist.).

The Fourth Appellate District also held that the Pinnacle Museum Tower Association can bring its construction defect claims to a jury despite having waived that right in a provision in the sales agreement that the court found unconscionable.

The …