Residential Real Estate

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on 8/21/2012

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more

Perils of Refusing to Mediate

by Heenan Blaikie LLP on 6/14/2012

Section 132(4) of the Condominium Act (the “Act”) provides that every declaration shall be deemed to contain a provision that the corporation and owners agree to submit a disagreement with respect to the declaration, by-laws...more

Condominium Developer Cannot Enforce CC&R's After Selling All Units: Promenade at Playa Vista Homeowners Association v. Western...

by Sheppard Mullin Richter & Hampton LLP on 11/15/2011

This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R's) after it had sold all the...more