Is There a Clear Choice for Community Associations in Construction Cases?
rather than be heard by a sitting judge acting alone or before a jury. This is significant because binding arbitration denies a litigant the right to appeal legal errors to a higher court even if the arbitrator refuses to follow the law. However, just because developers now may invoke binding arbitration doesn’t mean they’ll do so. And, there may be cases where the Association itself may ECHO Journal | December 2012
opt for binding arbitration, even knowing the risks inherent in a “one arbitrator decides all” scenario. The Pinnacle decision may be a case of “be careful what you wish for.” Developers and their insurers may find 11