AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 71 (4) A material adverse effect on the ability to sell and /or refinance the Condominiums within the Development during the period the action or proceeding is being prosecuted. Notwithstanding subsection (a) above, if the Board in good faith determines that there is insufficient time to provide prior notice to the Owners as required in this Section 10.3 before the expiration of any applicable statute of limitations or before the loss of any other significant right of the Association, the Board may take the necessary steps to commence the proceeding to preserve the rights of the Association, provided that as soon as is reasonably practical thereafter, and not later than 30 days following the commencement of the proceeding, the Board shall provide the Members with notice as required in this provision. (b) Pursuant to Civil Code Section 1368.5, not later than thirty (30) days prior to the filing of any legal proceeding by the Association against the Declarant for alleged damage to the Common Area, alleged damage to the Units that the Association is obligated to maintain or repair, or alleged damages to the Units that arise out of, or is integrally related to, damage to the Common Area or Units that the Association is obligated to maintain or repair, the Board shall provide written notice to each Member who appears on the membership records when the notice is provided. This notice shall specify the following: filing of a civil action. problems. (1) That a meeting will take place to discuss problems that may lead to the (2) The options, including civil actions, that are available to address the (3) The time and place of the meeting. Notwithstanding subsection (b) above, if the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Board may give the notice, as described above, within thirty (3 0) days after the filing of the action. (c) Notwithstanding anything to the contrary in this Declaration, the Board shall not cause nor permit the Association to institute any significant legal proceeding, including without limitation any civil action, mediation, arbitration, or judicial reference proceeding, against Declarant without first obtaining the affirmative vote of Members representing no less than seventy -five percent (75 %) of the total voting power of all of the Members of the Association at a duly noticed and properly held membership meeting. Notwithstanding the foregoing, the reference to any procedures in this Section 10.3 shall not provide the Owners or the Association with any rights or remedies not otherwise available to them. Section 10.4 Design or Construction Defect Claims Any action or legal proceeding by the Association or any Owner against Declarant, or against any architect, engineer or other consultant, or any contractor, subcontractor or materials supplier engaged by or on behalf of Declarant, for the design and/or construction of the Development, or any element thereof, which action or legal proceeding pertains to any dispute, claim, issue or controversy (each, a "Dispute ") relating to or based upon a claim for defects in the design or construction of improvements within the Development, shall be resolved according to the dispute resolution procedures contained in the Limited Warranty attached to this Declaration as Exhibit C . Notwithstanding anything in this Declaration or in the Limited Warranty to the contrary, in order to facilitate the resolution of any such Dispute in the best interests of the Association, at least one member of the Board with the authority to settle the Dispute shall be required to be in attendance and shall have the right to participate in any meeting, conference, proceeding, hearing or other similar situation in which 61 CCRS -One Marina. docx