There is an increasing trend by Developers, in an effort to avoid responsibility for construction defects, to insert provisions in the original Association governing documents which they draft that make it exceedingly difficult to pursue such claims against them.  The significant harm of these ‘poison pill’ provisions was highlighted in the recent California Appellate Court … Continue reading “ARBITRATOR DISMISSES $5 MILLION CONSTRUCTION DEFECT CLAIM FOR HOMEOWNER ASSOCIATION’S FAILURE TO COMPLY WITH DEVELOPER’S ‘POISON PILL’ ANTI-DEFECT LITIGATION PROVISION IN CC&Rs”