Association Not Required to Arbitrate Construction Defect Claims
Facts: A developer purchased 418 apartments, common areas, and common facilities in 2004 and converted the apartments to condominiums in 2005. In the course of making the property a condominium project, the developer recorded governing documents that required that the homeowners association arbitrate any construction defect claim the association might have against the developer. The governing documents provided that the association came into existence upon the sale of the first condominium.
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