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AgdaPkt 2011-09-12
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AgdaPkt 2011-09-12
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Last modified
2/24/2021 8:44:34 AM
Creation date
9/8/2011 5:43:24 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
9/12/2011
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6. 1. F. - Page 70 <br />1363.840). The parties to such a dispute shall comply with the meet and confer requirements set forth in <br />Sections 1363.810- 1363.850 of the Civil Code, including any procedures developed by the Association as <br />described above. The dispute resolution procedures described Civil Code Sections 1363.810 - 1363.850 <br />are intended to provide a simple and efficient intra- association dispute resolution method, and shall be <br />undertaken in good faith by the 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 Owner, as applicable <br />shall endeavor to submit the matter to alternative dispute resolution in compliance with the provisions of <br />Section 1369.520 of the Civil Code. This obligation shall not apply to actions in small claims court. <br />(c) As required by Civil Code Section 1369.590, Owners shall annually be provided <br />with a summary of the provisions of Sections 1369.510- 1369.580 of the Civil Code, which shall <br />specifically reference Section 1369.520, and shall include the following language: <br />"Failure of a Member of the Association to comply with the alternative <br />dispute resolution requirements of Section 1369.520 of the Civil Code <br />may result in the loss of your right to sue the Association or another <br />Member of the Association regarding enforcement of the governing <br />documents or the applicable law." <br />The summary shall be provided either at the time the pro forma budget is distributed (see Section <br />4.11 of this Declaration), or in the manner specified in Section 5016 of the Corporations Code. The <br />summary shall include a description of the Association internal dispute resolution process, as required by <br />Section 1363.850 of the Civil Code. <br />Section 10.3 Required Actions Prior to Certain Legal Actions or Proceedings <br />(a) Notwithstanding anything in this Declaration to the contrary, except as otherwise <br />provided in this Section 10.3, the Board shall not cause nor permit the Association to institute any <br />significant legal action or proceeding, including any mediation, arbitration or judicial reference <br />proceeding, against Declarant or any person without providing the Owners with at least thirty (30) days' <br />prior written notice of the Association's intention to institute such legal action or proceeding. The notice <br />shall describe the purpose of the action or proceeding, the parties to the action or proceeding, the <br />anticipated cost to the Association (including attorney fees) in prosecuting the action or proceeding, the <br />source of funds to prosecute the action or proceeding (reserves or special or annual assessments), and <br />suggested information that should be disclosed to third parties, such as prospective purchasers and <br />lenders, while the action or proceeding is being prosecuted. For purposes of this Section 10.3, <br />"significant legal proceeding" shall mean any action or legal proceeding in which it reasonably could be <br />anticipated that any of the following events could occur: <br />or proceeding; <br />(1) The levy of a special assessment to fund all or any portion of the action <br />(2) The expenditure of funds from the Association's reserves in connection <br />with the action or proceeding in an amount in excess of five (5 %) percent of the then current reserves; <br />($25,000); or <br />(3) The amount of the claim is in excess of twenty -five thousand dollars <br />•1 <br />CCRS -One Marina. docx <br />
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