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65 <br />6557.03/12309 <br />affected by the condemnation as determined by an independent appraisal conducted by an appraiser who <br />is a member of the American Institute of Appraisers or other nationally-recognized appraiser’s <br />organization and whose appraisal shall be final. Said appraiser shall be retained by the Board and paid by <br />the Association. <br /> <br />Upon the taking of any Unit(s) which constitutes less than a total taking of all Units, the Board, <br />acting as attorney-in-fact of all Owners, shall amend the Condominium Plan, the Map (if necessary) and <br />this Declaration to eliminate from the Development the Units so taken and to adjust the undivided <br />ownership interest of the remaining Owners to reflect the reduced number of Units in the Development <br />and all Owners of the remaining Units shall convey to each remaining Owner an equal proportionate <br />share of the undivided interests in the Building Common Area. <br /> <br /> <br />ARTICLE 10 <br /> <br />DISPUTE RESOLUTIO PROVISIOS <br /> <br />Section 10.1 Enforcement of CC&Rs and Dispute Resolution. <br /> <br />(a) The Association, or any Owner, shall have the right to enforce, by any <br />proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now <br />or hereafter imposed by the provisions of this Declaration together with any amendments hereto or to the <br />Articles, Bylaws or other Condominium Document(s) and in such action shall be entitled to recover <br />damages and/or injunctive relief as well as reasonable attorneys fees as may be ordered by the Court. <br />Failure by the Association or by any Owner to enforce any covenant or restrictions herein contained shall <br />in no event be deemed a waiver of the right to do so thereafter. <br /> <br />(b) The Board may perform any act reasonably necessary to resolve any civil claim <br />or action through alternate dispute resolution proceedings such as conciliation, mediation, binding <br />arbitration, or non-binding arbitration. <br /> <br />(c) Any arbitration required under this Section 10.1 will be conducted in accordance <br />with the following rules and procedures: <br /> <br />(1) If the subdivider is a party, the subdivider shall advance the fees <br />necessary to initiate the arbitration, with the costs and fees, including ongoing costs and fees to be paid as <br />agreed by the parties and if they can’t agree as determined by the arbitrator(s) with the costs and fees of <br />the arbitration to ultimately be borne as determined by the arbitrator(s). <br /> <br />(2) The arbitration shall be administered by a neutral and impartial <br />person(s). <br /> <br />(3) A neutral and impartial individual(s) shall be appointed to serve as <br />arbitrator(s), and the arbitrator(s) to be appointed within a specified period of time, which in no event <br />shall be more than sixty days from the administrator’s receipt of a written request from a party to arbitrate <br />the claim or dispute. In selecting the arbitrator, the provisions of Section 1297.121 of the Code of Civil <br />Procedure shall apply. An arbitrator may be challenged for any of the grounds listed therein or in Section <br />1297.124 of the Code of Civil Procedure. <br /> <br />(4) Venue of the arbitration shall be in the county where the subdivision is <br />located unless the parties agree to some other location. <br />7.1.K. - Page 69