Cameron/McEvoy successfully argued a case before the Virginia Supreme Court that involved the interpretation of an arbitration clause in the governing documents for a Northern Virginia property owners’ association.
The case, Worman v. River Creek Owners Association, arose out of dispute between homeowners and their homeowners’ association over certain planned construction on the homeowners’ property. The homeowners’ applications were either denied or not acted upon by the Association, so the homeowners submitted a demand for arbitration with the AAA pursuant to the recorded declaration for the community. The arbitrator ultimately found in favor of the homeowners, but the Association moved the Circuit Court of Loudon County to vacate the arbitration award, which the Circuit Court did based upon its conclusion that the scope of the arbitration did not cover the instant dispute.
The Supreme Court of Virginia reversed the Circuit Court’s judgment opining that the arbitration clause was applicable. The Association sought a rehearing which was summarily denied.