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Villa Milano Homeowners Association v. Il Davorge11/6/2000
antiles v. Lake Forest II Master Homeowners Assn., supra, 37 Cal.App.4th at p. 922.) In short, homeowners associations, via their enforcement of the CC&R;s, provide many beneficial and desirable services that permit a common interest development to flourish.
This notwithstanding, not all CC&R;s provisions will be enforced. CC&R;s may not be used to unwittingly strip a homeowner of his or her right to have a construction or design defect claim heard in a judicial forum. Public policy dictates otherwise.
V. DISPOSITION
The order is affirmed. The Association shall recover its costs on appeal.
WE CONCUR:
RYLAARSDAM, J.
BEDSWORTH, J.
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