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7.1.L. - Page 85 <br /> provided in Civil Code sections 5700 to 5710, inclusive, the notice of delinquent assessment shall state the <br /> name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of <br /> delinquent assessment shall be signed by any officer of the Association or by the Person designated by the <br /> Association for that purpose. A copy of the recorded notice of delinquent assessment shall be mailed by <br /> certified mail to every person whose name is shown as an Owner in the Association's records,and the notice <br /> shall be mailed no later than ten calendar days after recordation. Within 21 days of the payment of the sums <br /> specified in the notice of delinquent assessment, the Association shall record or cause to be recorded in the <br /> office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice <br /> of rescission and provide the Condominium Owner a copy of the lien release or notice that the delinquent <br /> assessment has been satisfied. <br /> A monetary charge imposed by the Association: (i) as a means of reimbursing the Association for <br /> costs incurred by the Association in the repair of damage to Common Area Improvements or landscaping for <br /> which the Member or the Member's Occupants or Permittees were responsible; or (ii) as a disciplinary <br /> measure for failure of a Member to comply with the Governing Documents,except for the late payments, may <br /> not be characterized nor treated as an assessment that may become a lien against the Member's <br /> Condominium enforceable by the sale of the interest under Civil Code sections 2924, 2924b and 2924c. <br /> (vii) A lien created pursuant to Section 6.10.2(f)shall be prior to all other liens <br /> recorded subsequent to the notice of assessment, except as described in Article 10. <br /> (viii) Subject to the limitations of this Section 6.10,after the expiration of 30 days <br /> following the recording of a lien created pursuant to Section 6.10.2(f), the lien may be enforced in <br /> accordance with the procedures and requirements set forth in Article 3(commencing with Civil Code section <br /> 5700)of Chapter 8 of the Davis-Stirling Act, including the applicable restrictions against judicial or nonjudicial <br /> foreclosure actions for delinquent regular or special assessments in an amount less than$1800 described in <br /> Civil Code section 5720(b). <br /> (ix) Within 21 days of the payment of the sums specified in the notice of <br /> delinquent assessment, the Association shall record or cause to be recorded in the office of the county <br /> recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and <br /> provide the Owner a copy of the lien release or notice that the delinquent assessment has been satisfied. <br /> (x) If it is determined that a lien previously recorded against a Condominium was <br /> recorded in error, the party who recorded the lien, within 21 calendar days, shall record or cause to be <br /> recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien <br /> release or notice of rescission and provide the Condominium Owner with a declaration that the lien filing or <br /> recording was in error and a copy of the lien release or notice of rescission. <br /> (xi) If the Association fails to comply with the procedures set forth in this Section <br /> 6.10.2, prior to recording a lien, the Association shall recommence the required notice process. Any costs <br /> associated with recommencing the notice process shall be borne by the Association and not by the <br /> Condominium Owner. <br /> (xii) If it is determined that the Association has recorded a lien for a delinquent <br /> assessment in error, the Association shall promptly reverse all late charges, fees, interest, attorneys' fees, <br /> costs of collection,costs imposed for the notice required under Section 6.10.2(a)and pay all costs related to <br /> the dispute resolution or alternative dispute resolution. <br /> 6.10.3 Small Claims Court Resolution. If a dispute exists between an Owner and the <br /> Association regarding any disputed charge or sum levied by the Association, including, but not limited to, an <br /> assessment,fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, <br /> and the amount in dispute does not exceed the jurisdictional limits stated in Sections 116.220 and 116.221 of <br /> the Code of Civil Procedure, the Owner, in addition to pursuing dispute resolution under Article 3 of Chapter <br /> 10 of the Davis-Stirling Act commencing with Civil Code section 5925, may pay under protest the disputed <br /> amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable <br /> CLSS\51643\927586.5 31 June 16,2014 <br />