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2895 REVIEW DENIED An arbitration agreement built into the CC&Rs of a common interest development and purporting to require arbitration of all construction defect disputes was unconscionable and therefore unenforceable, because it violated CCP 1298.7, which provides home buyers the right to bring a judicial action for construction defect damages even when the purchase agreement contains a binding arbitration clause.CitationVILLA MILANO v DAVORGE (Unconscionable CC&R's) 84 CA4 819 [See: CCP 1298.7, 337.1, 337.15; Izzi v Mesquite 186 CA3 1309]
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