Branches Neighborhood Corp. v. CalAtlantic Group, Inc.,

Plaintiff Branches Neighborhood Corporation, a community association incorporated pursuant to the Davis-Stirling Common Interest Development Act, filed an arbitration claim against the association’s developer, defendant CalAtlantic Group, Inc., formerly known as Standard Pacific Corp. (Standard), for construction defects. The arbitrator granted summary judgment in Standard’s favor, concluding the association did not receive the consent of its members to file the claim until after the claim was filed, in violation of its declaration of Covenants, Conditions and Restrictions (CC&Rs). The trial court subsequently denied the association’s motion to vacate the award, concluding the court had no power to review the arbitrator’s decision. Branches argued on appeal the trial court incorrectly denied its motion to vacate because the arbitrator exceeded its powers by abridging an unwaivable statutory right or public policy. Finding no such right or policy, the Court of Appeal determined the plain language of the CC&Rs controlled. The Court therefore affirmed the judgment. View "Branches Neighborhood Corp. v. CalAtlantic Group, Inc.," on Justia Law