Arbitration between Developer and HOA Taken by California Supreme Court.
On November 11, 2010 the California Supreme Court decided to review the “Pinnacle Museum Tower Assn. (HOA) v. Pinnacle Market Development (US) LLC case. Previously the Appeals Court of the Fourth District held that an HOA’s CC&R’s are NOT a binding agreement between the HOA and the Developer mainly because the HOA isn’t even formed at the time of the creation of the CC&R’s. Stay tuned as this is an interesting case with wide ranging potential effects on HOA litigation.Posted on