A developer constructed a common interest development (CID) governed by a homeowners’ association (HOA) and recorded covenants, conditions and restrictions (CC&Rs). The CC&Rs contained a mandatory arbitration provision to resolve disputes between owners. The developer sold the units, conveying all his ownership interests in the property to buyers. The HOA management discovered construction defects within the project and made a demand on the developer for repair. The developer sought to compel arbitration, claiming the dispute was the subject of arbitration since the CC&Rs included an arbitration provision. The HOA claimed the developer was not entitled to arbitration since the CC&Rs can only be enforced by those with an ownership interest in the property. A California appeals court held the developer was not entitled to arbitration since the enforcement of the arbitration provision in the CCRs is contingent upon ownership, and the developer no longer owned any interest in the property. [Promenade at Playa Vista Homeowners Association v. Western Pacific Housing, Inc. (November 9, 2011) 133 CA3rd 41]