Sierra Canyon CC&R’s on Developer Disputes

The following Article from the Sierra Canyon CC&R’s posted by Joe Bower, Sierra Canyon Homeowner

Section 13.04(a) of Article XIII of the Sierra Canyon CC&R’s states as follows below. Please note that in the CC&R’s this whole Section appears in capital letters in order emphasize its importance. For ease of reading not all capitals were used here. The Declarant is PN II, Inc., a Nevada Corporation, aka Pulte.

Section 13.04. Disputes Involving Declarant

(a) AGREEMENT TO ARBITRATE.

IT IS AGREED that ANY DISPUTES BETWEEN the ASSOCIATION or any Owners, AND THE DECLARANT, any director, officer, partner, employee, contractor (as defined in NRS 40.615), subcontractor, design professional or agent of the Declarant (collectively “Declarant Parties”) arising under the Governing Documents or RELATING TO THE DEVELOPMENT, including without limitation, claims for breach of contract, express or implied, breach of warranty, strict liability, negligence, nuisance, statutory violation, misrepresentation, fraud, (INCLUDING CLAIMS in any manner RELATING TO OR ARISING OUT OF A CONSTRUCTION DEFECT as defined in NRS 40.615 which have not been resolved as provided in NRS 40.680(2) (Mediation)), SHALL BE RESOLVED BY BINDING ARBITRATION pursuant to NRS Chapter 38. Owner and ASSOCIATION HEREBY WAIVE ANY RIGHT Owner or ASSOCIATION MAY HAVE TO BRING AN ACTION IN COURT, including, but not limited to, any such right of owner or ASSOCIATION under NRS 40.680, AND ANY RIGHT owner or ASSOCIATION MAY HAVE TO BECOME A PARTY TO A CLASS ACTION CLAIM.

Editorial Note:  The complete Sierra Canyon CC&R Document may be viewed or downloaded by clicking on the following link (also available under the References Section of this website):

Sierra Canyon Notice of Annexation & CC&R’s

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