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Originally Posted by mojiferous
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This court ruling is much more important than this year's legislative action. The trial lawyers opposing condo reform opposed this provision most of all. Arbitration is much less expensive for developers, occurs in private, not public, and is far less prone to unpredictable, crazy (read: expensive results). Further, unlike court cases even a negative outcome in arbitration will not be viewed by courts as setting a precedent.
Particularly for large well known builders, public court actions give the plaintiffs lots of leverage to force big settlements, with the potential notoriety and public record of claims of negligence or poor quality construction. Private arbitration has far fewer such risks.
This is huge, huge, huge, and removes the single biggest impediment to much greater condo development. Given that it's the state supreme court ruling on an issue of state law, I think the impact will be far reaching and immediate. There won't be a condo development in the state that won't adopt this same clause upheld by the court in the condo association documents.
Let the building begin!