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VILLA VICENZA HOMEOWNERS ASSN. v. NOBEL COURT DEVELOPMENT, LLC

No. D054550.

191 Cal.App.4th 963 (2011)

VILLA VICENZA HOMEOWNERS ASSOCIATION, Cross-complainant and Respondent, v. NOBEL COURT DEVELOPMENT, LLC, Cross-defendant and Appellant.

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

January 11, 2011.

Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Charles A. Bird ; Allen Matkins Leck Gamble Mallory & Natsis and Valentine S. Hoy VIII for Cross-defendant and Appellant.

Epsten Grinnell & Howell, Jon H. Epsten , Douglas W. Grinnell and Anne L. Rauch for Cross-complainant and Respondent.

OPINION

BENKE, Acting P. J.—

In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required that a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain more fully below, we find CC&R's are not an effective means of obtaining...

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