This decision represents a major victory for developers who can now expect that most of these provisions will be enforced, eliminating the risk of potentially excessive jury verdicts. The full opinion can be found here.
The Pinnacle decision reverses a trend of recent decisions that found arbitration provisions in CC&Rs to be unenforceable by developers. Developers in the Villa Vicenza, Promenade, and Verano matters should now benefit from the Supreme Courtâs decision in Pinnacle. If you are interested in learning more about the cases mentioned above or have questions, please contact Valentine Hoy, Matthew Marino, or Timothy Hutter.