THE CALIFORNIA COURT OF APPEAL HELD THAT A REQUIREMENT IN THE CC&RS FOR A MAJORITY VOTE OF THE HOMEOWNERS BEFORE INITIATING AN ACTION CANNOT BE CURED BY A VOTE AFTER THE ACTION IS COMMENCED
By: Richard H. Glucksman, Esq. and Brian Kahn, Esq.
April 26, 2019
Plaintiff Branches Neighborhood Corporation (“the HOA”), filed an arbitration claim against the association’s developer, Defendant CalAtlantic Group, Inc., for construction defects claims in excess of $5 million in damages. Branches is located in Ladera Ranch, California and consists of residential condominium units. In late 2015, the HOA gave notice to CalAtlantic that it intended to make a claim for construction and design defects. The listed defects were extensive including problems impacting both homeowners’ individual units and the common areas.