This decision affirms a judgment confirming an arbitration award that dismissed the plaintiff’s homeowner’s association’s claims against the developer because the association had not complied with its own CC&Rs which required approval by a majority of its members before it could present a claim against the developer. The association argued that the arbitrator exceeded his powers in so ruling because by doing so he deprived the association of its “right” to have its members ratify its unauthorized act. The decision holds that decisions after Pearson Dental Supplies, Inc. v. Superior Court (2010) 48 Cal.4th 665 have narrowly construed the excess of powers ground for vacating an arbitration award and that nothing in the Davis-Stirling Common Interest Development Act creates a non-waivable right to ratify otherwise unauthorized acts by the association.
California Court of Appeal, Fourth District, Division 3 (Moore, J.); August 10, 2018 (published August 24, 2018); 2018 Cal. App. LEXIS 762