Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC

WERDEGAR, J., Concurring.

Can the developer of a condominium project unilaterally impose arbitration on the condominium’s homeowners association by recording a mandatory arbitration clause for construction-related claims at or before the association’s inception? Because the Legislature has elected to permit developers to do so, I agree with the majority that a developer can and that the arbitration clause at issue here is enforceable. Because I think the clause’s validity rests on narrower grounds than those invoked by the majority, I write separately.

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Pinnacle Market Development (US), LLC…