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7.1.F. - Page 140 <br /> (7) the arbitrator(s) shall be authorized to provide all recognized <br /> remedies available in law or equity for any cause of action that is the basis of arbitration. The <br /> arbitrator(s) shall not have the power to commit errors of law or legal reasoning, and the award <br /> may be vacated or corrected on appeal to a court of competent jurisdiction for any such error; <br /> (8) a judgment upon the award rendered by the arbitrator may be <br /> entered in any court having jurisdiction or application may be made to such court for judicial <br /> acceptance of the award and an order of enforcement; <br /> (9) Preliminary Procedures. If state or federal law requires an Owner, <br /> the Association or Declarant to take steps or procedures before commencing an action in <br /> arbitration, then the Owner, the Association or Declarant must take such steps or follow such <br /> procedures, as the case may be, before commencing the arbitration. In addition, nothing contained <br /> herein shall be deemed a waiver or limitation of the provisions of Civil Code § 6000; <br /> (10) Participation by Other Parties. An Owner, the Association and <br /> Declarant, to such extent any such party is defending a claim in the arbitration, may, if it chooses, <br /> have all necessary and appropriate parties included as parties to the arbitration; <br /> (11) Federal Arbitration Act. Because many of the materials and <br /> products incorporated into the home are manufactured in other states, the development and <br /> conveyance of the Property evidences a transaction involving interstate commerce and the Federal <br /> Arbitration Act (9 U.S.C. §1 et seq.) now in effect and as it may be hereafter amended will govern <br /> the interpretation and enforcement of the arbitration provisions set forth herein; and, <br /> (12) ARBITRATION OF DISPUTES. BY EXECUTING THIS <br /> DECLARATION, DECLARANT AND BY ACCEPTING A DEED TO ANY PORTION OF THE <br /> PROPERTY, EACH OWNER AND THE ASSOCIATION SHALL BE DEEMED TO HAVE AGREED <br /> TO HAVE ANY DISPUTE RELATING TO OR BASED UPON A CLAIM FOR DEFECTS IN DESIGN <br /> OR CONSTRUCTION OF IMPROVEMENTS WITHIN THE PROJECT DECIDED BY JUDICIAL <br /> REFERENCE AS PROVIDED IN SECTION 9.15.D, AND TO HAVE ANY DISPUTE RELATING TO <br /> OR BASED UPON CLAIMS FOR DECLARATORY RELIEF OR ENFORCEMENT OF THE <br /> GOVERNING DOCUMENTS DECIDED BY NEUTRAL BINDING ARBITRATION IN ACCORDANCE <br /> WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE <br /> EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL <br /> ARBITRATION ACT, AND AS PROVIDED IN SECTION 9.15.E. DECLARANT, THE <br /> ASSOCIATION AND EACH OWNER ARE GIVING UP ANY RIGHTS DECLARANT, THE <br /> ASSOCIATION AND EACH OWNER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A <br /> JURY TRIAL. DECLARANT, THE ASSOCIATION AND EACH OWNER ARE GIVING UP <br /> JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE <br /> SPECIFICALLY INCLUDED IN THE "JUDICIAL REFERENCE FOR CERTAIN DISPUTES" <br /> PROVISION (SECTION 9.15.D), AND THE "ARBITRATION OF DISPUTES" (SECTION 9.15.E) <br /> PROVISION. IF DECLARANT, THE ASSOCIATION OR ANY OWNER REFUSES TO SUBMIT TO <br /> JUDICIAL REFERENCE OR ARBITRATION, DECLARANT, THE ASSOCIATION OR SUCH <br /> OWNER MAY BE COMPELLED TO SUBMIT TO JUDICIAL REFERENCE OR ARBITRATION <br /> UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. <br /> 9.16. FHA/DVA Approval: So long as the Federal Housing Administration (FHA) or the <br /> Department of Veterans Affairs (DVA) has jurisdiction over any loan secured by a deed of trust on <br /> any Condominium in the Project, and as long as there is a Class B membership, Annexation of <br /> additional properties or dedication of Common Area or any amendment to this Declaration will <br /> require the prior approval of the FHA or DVA. <br /> 77 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />