Question: Pinnacle Market Development constructed and sold condominiums in downtown San
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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