Pinnacle Market Development constructed and sold condominiums in downtown San Diego known as the Pinnacle Museum Tower Project. In connection with this project, Pinnacle recorded a declaration of covenants, conditions, and restrictions (CC&R) forming the Pinnacle Museum Tower Association ("Association") to manage and govern the project's common areas. Each condo buyer became a part-owner of the Association. The CC&R stated a mandatory arbitration procedure for resolution of construction disputes. When condo buyers signed the paperwork to purchase their units, they were presented with a document that waived their right to trial by jury and stated that they were bound by the terms of the CC&R, which would be recorded in the official records of San Diego County. Is the jury waiver provision unconscionable?
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