Agent

HOA wins right to sue developer

Law of the Land
Published on Sep 15, 2010

Pinnacle Market Development and sister entities (referred to here as "Pinnacle") built and sold units in a San Diego, Calif., condominium development called the Pinnacle Museum Tower Condominiums. Pinnacle drafted and recorded a set of covenants, conditions and restrictions (CC&Rs) creating a homeowners association, the Pinnacle Museum Tower Association, to manage and maintain the development. Pinnacle conveyed the development's common areas and facilities to the association, and deeded a fractional ownership interest in the HOA to each unit's owner at the time they purchased their unit; owners were required to remain members of the HOA and to pay HOA dues and assessments. A dispute developed between Pinnacle and the HOA, which argued that Pinnacle was responsible for damages to the development's common areas, common property and some property of individual unit owners/HOA members. Pinnacle and the HOA mediated the dispute, but were unable to come to an agree...

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