But the most important provision every charter must state is that the only way a shareholder could vote or complain, was they couldn't file a lawsuit they can only go to arbitration. that right there could save face in case you get people upset which tends to happen when the market is crashing.  

-----------------------------------------------------------“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.

The respective insurance company on each claim is bound to find out of the other policy's existence and could (more than likely would) attempt to invoke the "excess" clause of it's own contract, potentially leaving the owner waiting for courts/arbitration to settle...

Binding arbitration is a great way to keep costs down and keep you out of Court.

Also they hide behind their Terms of Use of their website which means you cannot sue them in small claims court and you must use an arbitration company that they select, and you must travel to Canada to do so.

I'm getting a copy of my CC&Rs today, but I would like to understand what my options are in terms of at least getting the HOA management company and construction company notified that I want to put this in arbitration and for them to not demolish the tile until a decision is made whether they are authorized to do so or required to put the balcony back in it's previous state.

I'm not a lawyer by any means, but from what I understand; accepting an arbitration clause locks you into using arbitration rather than the usual court system to settle legal disputes.

He sued me  LOL.. we ended up at arbitration and in arb.. no one wins yo spend attorney fee and they take a pound of flesh from you.. not the end of the world but that's just an examplethe friend of mine from Napa that did the Houston deal recently that tanked and investor lost 100% of their money they all sued him  and many were local Napians who knew Kevin personally..

It may include some sort of arbitration clause in the event of dispute.

However, in the past during arbitration, the judge tends to rule in favor of the tenants even without lease agreements.