AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 84 (e) The right to dispute the assessment debt by submitting a written request for dispute resolution to the Association pursuant to the Association's "meet and confer" program required in Article 2 (commencing at Civil Code section 5900)of Chapter 10 of the Davis-Stirling Act. (f) The right to request alternative dispute resolution with a neutral third party pursuant to Article 3 (commencing at Civil Code section 5925)of Chapter 10 of the Davis-Stirling Act before the Association may initiate foreclosure against the Owner's Condominium, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. (ii) Any payments made by the Condominium Owner toward the delinquent assessment shall first be applied to the assessments owed;and only after the assessments owed are paid in full shall the payments be applied to the fees and the costs of collection, attorneys' fees, late charges or interest. When an Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the Person who received it. The Association shall provide a mailing address for overnight payment of assessments. (iii) Prior to recording a lien for delinquent assessments, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association's "meet and confer" program required in Article 2 (commencing at Civil Code section 5900) of Chapter 10 of the Davis-Stirling Act. Prior to initiating a foreclosure for delinquent assessments,the Association shall offer the Owner and, if so requested by the Owner, shall participate in dispute resolution pursuant to the Association's"meet and confer" program required in Article 3 (commencing at Civil Code section 5900)of Chapter 10 of the Davis- Stirling Act or alternative dispute resolution with a neutral third party pursuant to Article 3 (commencing at Civil Code section 5925)of Chapter 10 of the Davis-Stirling Act. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. (iv) The decision to record a lien for delinquent assessments shall be made only by the Board and may not be delegated to an agent of the Association.The Board shall approve the decision by a majority vote of the Board members in an open meeting.The Board shall record the vote in the minutes of that meeting. (v) An Owner may submit a written request to meet with the Board to discuss a payment plan for the delinquent assessment. The Association shall provide the Owners the standards for payment plans if any exist. The Board shall meet with the Owner in executive session within 45 days of the postmark of the request if the request is mailed within 15 days of the date of the postmark of the Delinquency Notice unless there is no regularly-scheduled Board meeting within that period, in which case the Board may designate a committee of one or more Members to meet with the Owner. Payment plans may incorporate any assessments that accrue during the payment plan period. Payment plans shall not impede an Association's ability to record a lien on the Owner's Condominium to secure payment of delinquent assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in compliance with the terms of the payment plan. In the event of a default on any payment plan, the Association may resume its efforts to collect the delinquent assessments from the time prior to entering into the payment plan. (vi) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 6.8,shall be a lien on the Owner's Condominium from and after the time the Association causes to be recorded with the county recorder of the county in which the Condominium is located a notice of delinquent assessment,which shall state the amount of the assessment and other sums imposed in accordance with Civil Code section 5650(b), a legal description of the Owner's interest in the Development against which the assessment and other sums are levied, and the name of the record owner of the Owner's interest in the Development against which the lien is imposed. The itemized statement of the charges owed by the Owner described in Section 6.10.2(a)(2)shall be recorded together with a notice of delinquent assessment. In order for the lien to be enforced by nonjudicial foreclosure as CLSS\51643\927586.5 30 June 16,2014