CC&R provisions that all disputes between owners and the developer and disputes between the association and the developer be decided without a jury (whether by arbitration or by judicial reference) were unenforceable. Buying a home or condo with the developer’s CC&Rs is not a contractual waiver of the right to a jury trial. Treo @ Kettner HOA v. Superior Court.

Developers lack standing to enforce CC&R binding arbitration provisions. Promenade v. Western Pacific.

"[W]e do not believe the Legislature intended that the CC&Rs by themselves could be used as a means of creating any continuing contractual rights between the developer of common-interest development and either a homeowners association or individual homeowners with whom a developer has no contractual relationship." Villa Vicenza HOA v. Nobel Court.