How Corporate America Shut the Courthouse Doors to Average People | Blog | BillMoyers.com:
It seems likely to me that within the next few years all standard HOA and condo CC&Rs will contain mandatory binding arbitration provisions for all lawsuits against the developer, the association, the BOD, and the property manager. The Republican majority on the US Supreme Court is perfectly happy to endorse contractual provisions that deprive the consumer of access to the courts.
"Two recent US Supreme Court rulings — AT&T Mobility v. Concepcion and American Express v. Italian Colors Restaurant have deeply undercut these centuries-old public rights, by empowering businesses to avoid any threat of private lawsuits or class actions. The decisions culminate a thirty-year trend during which the judiciary, including initially some prominent liberal jurists, has moved to eliminate courts as a means for ordinary Americans to uphold their rights against companies. The result is a world where corporations can evade accountability and effectively skirt swaths of law, pushing their growing power over their consumers and employees past a tipping point."