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10 <br /> <br /> <br /> <br /> <br />(6) The right to request alternative dispute resolution with a neutral third <br />party pursuant to Article 3 (commencing with Section 5925) of Chapter 10 of the Civil Code before the <br />Association may initiate foreclosure against the Owner's Unit, except that binding arbitration shall not be <br />available if the Association intends to initiate a judicial foreclosure. <br /> <br />Note: Any payments made by the Owner toward the debt shall first be applied to the Assessments <br />owed, and, only after the Assessments owed are paid in full shall the payments be applied to the fees <br />and costs of collection, attorneys' fees, late charges, or interest. When an Owner makes a payment, the <br />owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of <br />payment and the person who received it. The Association shall provide a mailing address for overnight <br />payment of Assessments. <br /> <br />B. Payment Plan: An Owner may submit a written request to meet with the Board to <br />discuss a payment plan for the Assessment debt noticed pursuant to Section 4.9.A. The Association shall <br />provide the Owners the standards for payment plans, if any exist. The Board shall meet with the Owner in <br />executive session within forty five (45) days of the postmark of the request, if the request is mailed within <br />fifteen (15) days of the date of the postmark of the notice, unless there is no regularly scheduled Board <br />meeting within that period, in which case the Board may designate a committee of one or more members <br />to meet with the Owner. Payment plans may incorporate any Assessments that accrue during the payment <br />plan period. Payment plans shall not impede the Association's ability to record a lien on the Owner's <br />Unit to secure payment of delinquent Assessments. Additional late fees shall not accrue during the <br />payment plan period if the Owner is in compliance with the terms of the payment plan. In the event of a <br />default on any payment plan, the Association may resume its efforts to collect the delinquent Assessments <br />from the time prior to entering into the payment plan. <br /> <br />C. Notice of Delinquent Assessment: After compliance with the provisions of Civil <br />Code Section 5660, the Association may record a Notice of Delinquent Assessment and establish an <br />Assessment Lien against the Unit of the delinquent Owner prior and superior to all other liens recorded <br />subsequent to recordation of the Notice of Delinquent Assessment, except (1 ) all taxes, bonds, <br />Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of <br />any First Mortgage of record recorded prior to recordation of the Notice of Delinquent Assessment. The <br />Notice of Delinquent Assessment shall include an itemized statement of the charges owed by the Owner <br />described in Section 4.9.A above, a description of the Unit against which the Assessment and other <br />sums are levied, the name of the record Owner, and the name and address of the trustee authorized by <br />the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or <br />any management agent or other designee or agent retained by the Association for such purpose and shall <br />be mailed by certified mail to every person whose name is shown as an Owner of the Unit in the <br />Association's records no later than ten (10) calendar days after recordation. <br /> <br />D. Lien Releases: Within twenty-one (21) days after payment of the sums specified <br />in the Notice of Delinquent Assessment, the Association shall record or cause to be recorded in the Office <br />of the County Recorder in which the Notice of Delinquent Assessment is recorded a lien release or notice <br />of rescission and provide the Owner a copy of the lien release or notice that the delinquent Assessment <br />has been satisfied. <br /> <br />E. Enforcement of Assessment Lien and Limitations on Foreclosure: The collection by <br />the Association of delinquent Regular Assessments or delinquent Special Assessments of an amount less <br />than one thousand eight hundred dollars ($1,800), not including any accelerated Assessments, late <br />charges, fees and costs of collection, attorney's fees, or interest, may not be enforced through judicial <br />or non-judicial foreclosure, but may be collected or secured in any of the following ways: <br /> <br />(1) By a civil action in small claims court, pursuant to Chapter 5.5 <br />(commencing with Section 116.110) of Title 1 of the Code of Civil Procedure. If the Association chooses to <br />proceed by an action in small claims court, and prevails, the Association may enforce the judgment as <br />97