• About Us
  • Attorneys
    ▼
    • Kent Berk
    • Daphne Reaume
    • Salim Shleef
    • Mia Samartinean
  • Testimonials
    ▼
    • Videos
  • Practice Areas
    ▼
    • Probate, Trust & Estate Contests, Disputes & Litigation
    • Guardianships and Conservatorships
    • Financial Exploitation of Vulnerable Adults
    • Abuse & Neglect of Vulnerable Adults
  • Resources
    ▼
    • FAQs
    • Blog
    • Videos
  • Contact Us
  • Skip to main content
  • Skip to primary sidebar

Berk Law Group

Arizona Probate Litigation Attorneys

Request a $400 Consultation

480.607.7900

  • About Us
  • Attorneys
    • Kent Berk
    • Daphne Reaume
    • Salim Shleef
    • Mia Samartinean
  • Testimonials
    • Videos
  • Practice Areas
    • Probate, Trust & Estate Contests, Disputes & Litigation
    • Guardianships and Conservatorships
    • Financial Exploitation of Vulnerable Adults
    • Abuse & Neglect of Vulnerable Adults
  • Resources
    • FAQs
    • Blog
    • Videos
  • Contact Us

Home » Our Blog » ASSOCIATION NOT REQUIRED TO ARBITRATE INJUNCTION

ASSOCIATION NOT REQUIRED TO ARBITRATE INJUNCTION

By Kent Berk on August 1st, 2010 in BLOG, RESTRICTIVE COVENANT

Despite a broad arbitration provision in the Declaration of Covenants, Conditions and Restrictions (CC&R’s), a homeowners association’s claim for an injunction was not subject to arbitration and the association was entitled to file a lawsuit in Superior Court to obtain an injunction.

In the case of Saguaro Highlands Community Association v. Jack C. Biltis and Leigh Biltis, a dispute arose as to whether the home owner’s swing set violated the CC&R’s.  The association filed a lawsuit to obtain an injunction to have the owners remove the swing set. The owners sought to dismiss the action and force the association to arbitrate the dispute. The Superior Court disagreed and the Court of Appeals affirmed. Both held that the association retained the right to pursue an injunction in Court based on the wording of the CC&R’s for that community, although the Courts noted the strong public policy favoring arbitration and based on which arbitration clauses are broadly construed.

Primary Sidebar

Contact Us Today

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Contact Us

Berk Law Group, P.C.
14220 N. Northsight Boulevard, Suite 135
Scottsdale, AZ 85260
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Copyright © 2022
Berk Law Group
480.607.7900
Disclaimer Privacy Policy