AgdaPkt 2011-12-12 - Laserfiche WebLink

Browse Search

6.1. F. - Page 26 All agree�nents and dete�•minations lawfutly made by the Association in accordance wit� the �oti��g perce��tages established in this Declaration shall be deeined to be binding on ali Owners, their successors and assigns. 6.I2 Notice: Any �atice pe�•mitted or required by ihis Declaratian inay be delivered eitl�er personally or by �nail. If deliWe�•y is by mail, it shall be deemed to have been delivered seventy-two (72) houis after a copy of the saine has been deposited ii� the United States maii, first class or registe�•ed, postage p��epaid, addressed to the person to be �otified at his current address. 6.13 BINDING ARBITRATION: IN CASE OF ANY CLAIM OR DISPUTE BETWEEN THE DECLARANT, ITS BUILDER, GENERAL CONTRACTOR, OR BROKER, OR THEIR AGENTS OR EMPLOYEES, ON THE ONE HAND, AND ANY LOT 4WNCR(S) OR THE ASSOCIATION, ON THE OTHER HAND, �VHICH CLAIM OR DISPUTE RELATES TO THE RIGHTS AND/OR DiJTIES ��' THE �'ARTI�S CINDER THE PROJECT DOCUMENTS, OR RELATES TO THE DESIGN OR CONSTRUCTION OF THE PRO�ECT OR ANY PART THEREQ�', THE PROCEDURE SHALL BE AS FOLLOWS: THE AGGRIEVED PARTY OR PARTI�S SHALL NOTIFY THE OTHER PARTY OR PARTIES O� THE GRIEVANCE, 1N WRiT1NG, WI�N SUCH A NOTICE IS RECEIVED BY THE DECLARANT, IT SHALL PROMPTLY RESPOND WITH AN 1N VESTIGATION, 1NSPECTION, MEETING, DISCUSSION, OR OTHER ACTION REASONABLY APPROPRIATE TO THE CIRCUMSTANCES. APPROPRIATE ACTION SHALL 1NCLUDE, WITHOUT LIMITATION, PROMPT COMMllNICATION WITH THE AGGRIEVED PARTY OR PART�ES, AND A PRO�'OSED C4URSE 4�` ACTION TO RESOLVE THE PROBLEM. IF THE PARTIES ARE UNABLE TO RESOLVE THE PRQBLEM WITHIN A REASONABLE PERIOD O�' TIME (NOT TO EXCEED NINETY (90) DAYS AFTER THE FIRST NOTICE OF CLAIM OR DISPUTE), THE MATTER SHA.LL BE SUBMITTED TO BINDiNG ARBITRATION PURSUANT TO THE RULES OF THE AiV�RICAN ARBI"TRATION A�SOCIATION, PROVIDED THAT IF THE DISPUTE OR CLAIM 1NVOLVES A SUM NOT IN EXCESS OF THE JURISD�CTIONAL LIMIT OF THE SMALL CLAIMS COURT, THE LOT OWNERS S��Ai,L HAVE THE OPTION OF TAKING THE MATTER TO SMALL CLAIMS COURT �N LIEU OF BINDING ARBITRATION. IF THE MATTER PROCEEDS TO AIZBITRATION, DISC�VERY SHALL BE ALLOWED PURSUANT TO CODE OF CIVIL PROCEDURE 1283.05. ARBITRATION OF ANY MATTER �'URSUANT TO THIS CLAUSE SHAI_,L N4T BE D�EMED A WAIVER OF THE ATTORNEY/CLIENT OR ATTORNEY/WORK PRODUCT PRIVILEGE 1N ANY MANNER. BY EXECUTING TH�S DECLARATION, DECLARANT AND BY ACCEPTING A DEED TO ANY PQRTION O�' THE pROPERTY, EACII OV�INER AN17 THE AS�OCIATION (COLLECTIVELY, THE "AGREEING PARTIES") SII�,L BE DEEMED TO HAVE AGREED TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLllDED 1N THE "BINDING ARBITRATI�N" �'ROVIS�ON DECIDED BY NEUTRAL ARBTTRATION AS PROVIDED BY CALIFORNIA LAW AND IN ACCORDANCE WITH TIIE RULES OF THC AMERICAN ARBITRATION ASSOCIATION, AND THE AGREEING PARTIES ATTYfAGE2/2011.133 BECLARATIO�T OF CC12s-KENTFICLD �rv:�vov� � -17-