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66 <br />6557.03/12309 <br /> <br />(5) The arbitration shall be promptly and timely commenced in accordance <br />with (i) the rules of the arbitration, or if the rules don’t specify a date by which the arbitration must <br />commence, then (ii) a date as agreed to by the parties, and if they cannot agree, (iii) a date determined by <br />the arbitrator(s). <br /> <br />(6) The arbitration shall be conducted in accordance with the rules and <br />procedures of the Streamlined or Comprehensive Rules and Regulations of JAMS. <br /> <br />(7) The arbitration shall be prompt and timely concluded. <br /> <br />(8) The arbitrators shall be authorized to provide all recognized remedies <br />available in law or equity for any cause. <br /> <br />Section 10.2 Pre-Litigation Requirements; Claims for Declaratory Relief or Enforcement <br />of Condominium Documents. Prior to initiating the prosecution of a civil action by the Association <br />against any Owner(s) or by an Owner against the Association or any other Owner(s), the parties shall be <br />subject to the following requirements in subsections (a) and (b) below. <br /> <br />(a) With respect to any internal dispute between the Association and an Owner <br />involving their rights, duties, or liabilities under the Davis Stirling Act, under the Nonprofit Mutual <br />Benefit Corporation Law, or under this Declaration or the Condominium Documents, the Board shall <br />develop fair, reasonable, and expeditious dispute resolution procedures in accordance with the <br />requirements of Civil Code Sections 5900-5920 (or defer to the default procedures in Section 5915). The <br />parties to such a dispute shall comply with the meet and confer requirements set forth in Sections 5900- <br />5920 of the Civil Code, including any procedures developed by the Association as described above. The <br />dispute resolution procedures described Civil Code Sections 5900-5920 are intended to provide a simple <br />and efficient intra-association dispute resolution method, and shall be undertaken in good faith by the <br />parties to any such dispute. <br />(b) With respect to an action solely for declaratory, injunctive or writ relief to <br />enforce the Condominium Documents, the Davis-Stirling Act, the Nonprofit Mutual Benefit Corporation <br />Law, or for declaratory relief or injunctive relief to enforce the same in conjunction with a claim for <br />monetary damages not in excess of five thousand dollars ($5,000), the Board or the Unit Owner, as <br />applicable shall endeavor to submit the matter to alternative dispute resolution in compliance with the <br />provisions of Section 5930 of the Civil Code. This obligation shall not apply to actions in small claims <br />court. <br />(c) As required by Civil Code Section 5965, Unit Owners shall annually be provided <br />with a summary of the provisions of Sections 5925-5960 of the Civil Code, which shall specifically <br />reference Section 5930, and shall include the following language: <br /> <br />“Failure of a Member of the Association to comply with the alternative <br />dispute resolution requirements of Section 5930 of the Civil Code may <br />result in the loss of your right to sue the Association or another Member <br />of the Association regarding enforcement of the governing documents or <br />the applicable law.” <br /> <br />The summary shall be provided at the time the pro forma budget is prepared and distributed <br />pursuant Sections 5310-5320. The summary shall include a description of the Association internal <br />dispute resolution process, as required by Section 5920 of the Civil Code. <br />7.1.K. - Page 70