Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

Browse Search

calendar days after recordation. Within twenty-one (21) days of the payment of the sums specified in the notice of delinquent assessment, the Association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release ornotice of rescission and provide the Lot Owner a copy of the lien release or notice that the delinquent assessment has been satisfied. A monetary charge imposed by the Association: (i) as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Area Improvements or landscaping for which the Member or the Member's Occupants or Permittees were responsible; or (ii) as a disciplinary measure for failure of a Member to comply with the Governing Documents, except for the late payments, may not be characterized nor treated as an assessment that may become a lien against the Member's Lot enforceable by the sale of the interest under Civil Code sections 2924, 2924b and 2924c. (vii) A lien created pursuant to Section 6.10.2(vi) shall be prior to all other liens recorded subsequent to the notice of assessment, except as described in Article 9. (viii) Subject to the limitations of this Section 6.10, after the expiration of thirty (30) days following the recording of a lien created pursuant to Section 6.10.2(vi), the lien may be enforced in accordance with the procedures and requirements set forth in Article 3 (commencing with Civil Code section 5700) of Chapter 8 of the Davis -Stirling Act, including the applicable restrictions against judicial or nonjudicial foreclosure actions for delinquent regular or special assessments in an amount less than $1,800 described in Civil Code section 5720(b). (ix) Within twenty-one (21) days of the payment of the sums specified in the notice of delinquent assessment, the Association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the Owner a copy of the lien release or notice that the delinquent assessment has been satisfied. (x) If it is determined that a lien previously recorded against a Lot was recorded in error, the party who recorded the lien, within twenty-one (21) calendar days, shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the Lot Owner with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. (xi) If the Association fails to comply with the procedures set forth in this Section 6.10.2, prior to recording alien, the Association shall recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the Lot Owner. (xii) If it is determined that the Association has recorded a lien for a delinquent assessment in error, the Association shall promptly reverse all late charges, fees, interest, attorneys' fees, costs of collection, costs imposed for the notice required under Section 6.10.2(i) and pay all costs related to the dispute resolution or alternative dispute resolution. 6.10.3 Small Claims Court Resolution. If a dispute exists between an Owner and the Association regarding any disputed charge or sum levied by the Association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed thejurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the Owner, in addition to pursuing dispute resolution under Article 3 of Chapter 10 of the Davis -Stirling Act commencing with Civil Code section 5925, may pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorneys' fees, late charges, and interest, if any, pursuant to Civil Code section 5650(b), and commence an action in small claims court for resolution of the dispute. Nothing in this Section 6.10.3 shall impede the Association's ability to collect delinquent assessments as provided in Section 6.10.2. EDNB\53295\996553.3 26 August 18, 2016