arbitration

I live in California. I am a member of a 3 unit homeower association. One of the members has rights of exclusive use of a piece of HOA property and with those right he is responsible for repairs. This is clearly stated in the CCR. At an HOA meeting he stated that he didn't believe that he should pay the costs of the repairs. He was voted down. He has filed a petition for Arbitration. On the petition, he is not naming the HOA as the "defendent" but explicitly naming myself and the other owner. I declined the arbitration and wanted him to name the Association as the "defendent". Can he name each owner as the "defendents'? If so, why. He has a lawyer. What would be is arguement for doing this?

I agree with your first statement. This is probably the reason he is not suing the HOA but each member(excluding himself, of course). If he won, only the 2 members(instead) of all 3 would have to pay damages, at least I think this is what is going to happen.

As for the second paragraph, in the CC&R it implicitly defines the exclusive use resposibility. The guy that is suing wrote the document(at least his lawyer did). He is now saying the way "HE" wrote it is not the way we, the HOA, should interpret it.