Center Community Assn. v. Professional Warranty Se
This is an appeal from an order denying a motion to compel arbitration. Plaintiff Talega Village Center Community Association (HOA) is a homeowners association, which previously sued the builder of the community for construction defects. The builder moved to compel arbitration, and in a prior opinion, we held the arbitration agreement was not enforceable because there was no evidence the warranty containing the arbitration provision had issued, which was a condition precedent to it becoming effective. In that opinion, however, we were careful to limit our holding to the proposition that the builder had failed to provide an adequate record, and we left open the possibility that the arbitration provision may be enforceable in the future under a better evidentiary showing.
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