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VILLA MILANO HOMEOWNERS ASS'N v. IL DAVORGE

No. G023526.

102 Cal.Rptr.2d 1 (2000)

84 Cal.App.4th 819

VILLA MILANO HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. IL DAVORGE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing November 27, 2000.

Review Denied February 21, 2001.

Attorney(s) appearing for the Case

Cooksey, Howard, Martin & Toolen, Thomas F. Zimmerman, Costa Mesa, and Wilson E. Yurek for Defendant and Appellant.

Duke, Gerstel, Shearer, and Dawn R. Brennan, San Diego, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

In this case of first impression, we decide whether a developer can use a declaration of covenants, conditions and restrictions (CC & R's) containing a binding arbitration clause as a device to preclude homeowners, and the homeowners association of which they are members, from pursuing an action for construction or design defect damages in a court of law. When homeowners purchase property subject to CC & R's, they agree to be...

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