A party who signed a detailed settlement agreement after a lengthy mediation between competing factions of a homeowners association sought to have the court strike certain provisions relating to the board and bylaws, asserting they violated specific statutes and public policy generally. A California appellate court affirmed the trial court’s conclusion that no specific violation of statutes covering common interest developments was shown. Moreover, the challenged settlement provisions did not violate public policy, as public policy favors settlement agreements and seeks to uphold settling parties’ justified expectations.
Lee v. Castelluccio, No. C068987 (Cal. App. 3d Dist., October 2, 2013)
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