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6. 1. B. - Page 95 Owner(s) shall vacate his Condominium as a result of such taking. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project, or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking and to readjust proportionately the percentages of undivided interest of the remaining Owners in the Project. In the event of a taking by eminent domain of any part of the Common Area, the Association shall participate in the negotiations, and shall propose the method of division of the proceeds of condemnation, where Condominiums are not valued separately by the condemning authority or by the court. Proceeds of condemnation shall be distributed among Owners of Condominiums and their respective Mortgagees according to the relative values of the Condominiums affected by the condemnation, said values to be determined bythe method provided in Section 8.2.C. Owners shall be represented by themselves or their attorneys in any condemnation actions involving Units. If there is a substantial taking of the Project (more than fifty percent (50 %)), the Owners may terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code § 1359 or any successor statute, on the election to terminate by fifty -one percent (51 %) of the total voting power of the Association and the approval of Eligible Mortgage Holders holding Mortgages on Condominiums which have at least fifty -one percent (51 %) of the votes of Condominiums subject to Eligible Mortgages. The proceeds from the partition sale shall be distributed to the Owners and their respective Mortgagees in proportion to the fair market values of their Condominiums as determined under the method described in Section 8.2.C. 8.4. Condemnation of Exclusive Use Common Area: If there is a taking of all or any portion of an Exclusive Use Common Area, the award in condemnation shall be paid to the Owner of the Condominium to which the taken Exclusive Use Common Area was appurtenant; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owner's Condominium, in order of priority. 8.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property: Those portions of awards in condemnation that do not directly compensate Owners for takings of real property (e.g., awards for takings of personal property, relocation expenses, moving expenses, or other allowances of a similar nature intended to facilitate relocation) shall be paid to the Owners whose personal property is taken, or whose relocation is intended to be facilitated. ARTICLE IX. DISPUTE RESOLUTION AND MECHANISM 9.1. Dispute Resolution: Subject to the provisions of this Article IX, the Board is authorized to resolve any civil claim or action through alternative dispute resolution proceedings such as mediation, binding arbitration, or non - binding arbitration or judicial reference proceedings. 9.2. Claims for Declaratory Relief or Enforcement of Governing Documents: Prior to the filing of a civil action solely for declaratory relief or injunctive relief to enforce the Governing Documents, or for declaratory, injunctive or writ relief in conjunction with a claim for monetary damages, the Board, or any Ownerwho seeks such relief, shall first endeavor to submit the matter to alternative dispute resolution in compliance with the provisions of California Civil Code Sections 1369.510- 1369.580. The Board shall comply with the requirements of California Civil Code Section 1369.590 by providing Members of the Association annually with a summary of Article 2 (commencing with California Civil Code Section 1369.510 of Chapter 7 of Title 6 (Division 2, part 4) of the California Civil Code, including the following language: "Failure of a Member of the Association to comply with the alternative dispute resolution requirements of Section 1369.520 of the California Civil Code may result in the loss of your right to sue the Association or another 51 03/06/12 TAWPWIN601PR0JECTS1333 MAIN STREETIDEC - DRAFTING FORM17][03 06 121.doc