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7.1.F. - Page 137
<br /> 9.14. Fair Housing. No Owner shall, either directly or indirectly, forbid or restrict the
<br /> conveyance, encumbrance, leasing, or mortgaging, or occupancy of his Unit to any person of a
<br /> specified race, sex, age, marital status, color, religion, ancestry, national origin, sexual orientation,
<br /> familial status, source of income or disability of that person.
<br /> 9.15. Dispute Resolution: The Board is authorized to resolve any such civil claim or
<br /> action through alternative dispute resolution proceedings such as mediation, binding arbitration, or
<br /> non-binding arbitration proceedings.
<br /> A. Claims for Declaratory Relief or Enforcement of Project Documents: Prior to
<br /> the filing of an enforcement action as defined in Civil Code section 5925 for declaratory, injunctive,
<br /> or writ relief in conjunction with a claim for monetary damages, the Board, or any Owner who
<br /> seeks such relief, shall first endeavor to submit the matter to alternative dispute resolution in
<br /> compliance with the provisions of Civil Code § 5925-5960. The Board shall comply with the
<br /> requirements of Civil Code § 5965 by providing Members of the Association annually with a
<br /> summary of the provisions of Article 3 (commencing with Civil Code Section 5925) of Chapter 10
<br /> of the Civil Code, including the following language: "Failure of a Member of the Association to
<br /> comply with the alternative dispute resolution requirements of Section 5930 of the California Civil
<br /> Code may result in the loss of your right to sue the Association or another Member of the
<br /> Association regarding enforcement of the Governing Documents or the applicable law".
<br /> B. Design or Construction Defect Claims: Actions by the Association pertaining
<br /> to or based upon a claim for defects in the design or construction of improvements within the
<br /> Project against the Declarant, or any architect, engineer or other consultant, or any contractor,
<br /> subcontractor or materials supplier engaged by or on behalf of Declarant for the design and/or
<br /> construction of the Project, or any element thereof, or otherwise defined in Civil Code Sections 896
<br /> or 897 as an Actionable Defect ("Claim"), shall be resolved and administered in accordance with
<br /> Civil Code Sections 895 through 945.5, and Civil Code § 6000.
<br /> If a Claim is subject to pre-litigation procedures in Civil Code Sections 910 through 938,
<br /> or any successor statutes, each Owner, and the Declarant, prior to filing any civil action, arbitration
<br /> or action in judicial reference regarding such Claim shall comply with the pre-litigation procedures
<br /> of Civil Code Sections 910 through 938. Notices of Claims shall specify all of the matters as set
<br /> forth in Civil Code § 6150 and/or Civil Code Sections 910 through 938, as applicable, and any
<br /> successor statutes or laws.
<br /> The Association and not the individual Members shall have the power to pursue any
<br /> Claims for alleged construction defects in the Common Area or other improvements or property
<br /> within the Project that the Association is obligated to maintain or repair under this Declaration. Any
<br /> recovery by the Association with respect to any damage to or defect in the Common Area or other
<br /> improvements or property within the Project that the Association is obligated to maintain or repair
<br /> under this Declaration shall be utilized solely for the purpose of paying for the costs of obtaining
<br /> the recovery and for correcting such damage or defect. If the Claim is not resolved by and
<br /> pursuant to the pre-litigation procedures of Civil Code Sections 910 through 938, subject to the
<br /> provisions of Civil Code § 6000, then notwithstanding the provisions of California Code of Civil
<br /> Procedure Section 1298.7, the Claim shall be resolved in accordance with the provisions of
<br /> Section 9.15.0 of this Declaration (Judicial Reference) or Section 9.15.E of this Declaration
<br /> (Arbitration of Disputes).
<br /> C. Notices to Members of Legal Proceedings Against Declarant. In accordance
<br /> with Civil Code § 6150 at least thirty (30) days prior to filing any civil action, including arbitration,
<br /> against Declarant or other developer of the Project for alleged damage to the Common Areas,
<br /> alleged damage to the separate interests that the Association is obligated to maintain or repair, or
<br /> alleged damage to the separate interests that arises out of, or is integrally related to, damage to
<br /> the Common Areas or separate interests that the Association is obligated to maintain or repair, the
<br /> Board shall provide written notice to each Member specifying each of the following:
<br /> (1) That a hearing will take place to discuss problems that may lead to
<br /> the filing of a civil action;
<br /> (2) The options, including civil actions, that are available to address the
<br /> problems; and,
<br /> (3) The time and place of the hearing.
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