A trial court did not have authority to extinguish portions of a road and utility easement notwithstanding its determination that the easement holder did not need the entire easement and that a smaller easement would constitute the least burden on the property subject to the easement. Cottonwood Duplexes, LLC v. Barlow, 210 Cal. App.
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
By Perkins Coie on
Posted in Real Estate
The answer is yes, as long as the arbitration clause is not unreasonable, according to the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (July 16, 2012).
In Pinnacle, the developer recorded CC&Rs before the condo project homeowners association was formed. The CC&Rs contained a mandatory procedure for resolution of construction…