Mena

FACTS

In 2020, Mena filed a complaint against “3711 West Balboa Blvd. Homeowners’ Association” and “Christopher P. Schroeder, an individual.” According to the complaint, in 1991, covenants, conditions, and restrictions (CC&Rs) were recorded against a two-unit, two-story property located at 3711 West Balboa Blvd. in Newport Beach, California. Schroeder owned the upstairs unit and was the sole officer and director in control of the HOA. In 2019, Mena purchased the downstairs unit. Since purchasing the property, Mena alleged Schroeder and the HOA denied her access to her property, refused to provide her with HOA documents, fabricated violations of the HOA rules against her as a pretext to fine her, and unlawfully recorded liens against her property, among other things.

2 In July 2021, “Defendants and Petitioners herein 3711 West Balboa Blvd. Homeowners’ Association, a California non-profit corporation . . . and Christopher P. Schroeder, an individual” filed a motion to compel arbitration of the dispute. Schroeder argued the CC&Rs contained a broad arbitration clause which governed the case. The arbitration clause read, in full, “In the event of a dispute between the homeowners of…