Calif. Appeals Court Rejects Jury Waiver in Condo Developer's Covenants

SAN DIEGO - A California appeals court has refused to bind a condominium owners association to a jury trial waiver in the association's Declaration of Covenants, Conditions and Restrictions prepared by the developer before any units were sold. Treo@Kettner Homeowners Association v. Superior Court, No. D052402 (Calif. Ct. App., 4th Dist.).

The Fourth Appellate District issued a published opinion on Sept. 12 in which it reversed a trial court order that sent a dispute over construction defects to a judicial "referee" for a hearing, saying that the developer-written provision mandating such referrals is not enforceable.

Treo@Kettner Homeowners Association sued Intergulf …