Do you have the right to a jury trial, even though your CC&Rs say arbitration?
Rather than only being represented in binding arbitration against defending contractors, as their CC&Rs require, Associations are granted the right to a jury trial if the need arises to protect their homeowners from being a victim to unnecessary complications. The arbitration agreement restrains the Association’s power to redeem substantial damage claims in a construction conflict. Although the settlement appears impartial, the arrangements unequally effect the Association and it’s homeowners.
Pinnacle Museum Tower Assn. v. Pinnacle Market Development
