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11 <br /> <br /> <br /> <br />permitted under Article 8 (commencing with Section 116.810) of Title 1 of the Code of Civil Procedure. <br />The amount that may be recovered in small claims court to collect upon a debt for delinquent <br />Assessments may not exceed the jurisdictional limits of the small claims court and shall be the sum of the <br />following: <br /> <br />(a) The amount owed as of the date of filing the complaint in the small claims <br />court proceeding <br /> <br />(b) In the discretion of the court, an additional amount to that described in <br />subparagraph (a) equal to the amount owed for the period from the date the complaint is filed until satisfaction <br />of the judgment, which total amount may include accruing unpaid Assessments and any reasonable late <br />charges, fees and costs of collection, attorney's fees, and interest, up to the jurisdictional limits of the small <br />claims court. <br /> <br />(2) By recording a lien on the Owner's Unit upon which the Association may <br />not foreclose until the amount of the delinquent Assessments secured by the lien, exclusive of any accelerated <br />Assessments, late charges, fees and costs of collection, attorneys' fees, or interest, equals or exceeds one <br />thousand eight hundred dollars ($1,800) or the Assessments are more than twelve (12) months <br />delinquent. If the Association chooses to record a lien under these provisions, prior to recording the lien, the <br />Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution as set <br />forth in Article 2 (commencing with Section 5900) of Chapter 10 of the Civil Code. <br /> <br />(3) Any other manner provided by law, except for judicial or non-judicial <br />foreclosure <br /> <br />F. Foreclosure: The Association may collect delinquent Regular Assessments or <br />delinquent Special Assessments of an amount of one thousand eight hundred dollars ($1,800) or more, not <br />including any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or interest, <br />or any Assessments that are more than twelve (12) months delinquent, by a civil action, including, if within <br />the jurisdiction of the small claims court, in small claims court, pursuant to Chapter 5.5 (commencing with <br />Section 116.110} of Title 1 of the California Code of Civil Procedure, or any other manner provided by law, <br />including using judicial or non-judicial foreclosure subject to the following conditions: <br /> <br />(1) Prior to initiating a foreclosure on an Owner's separate interest, the <br />Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution <br />pursuant to the Association's "meet and confer" program required in Article 2 (commencing with <br />Section 5900} of Chapter 10 of the Civil Code or alternative dispute resolution as set forth in Article 3 <br />(commencing with Section 5925) of Chapter 10 of the Civil Code. The decision to pursue dispute <br />resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that <br />binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. <br /> <br />(2) The decision to initiate Foreclosure of an Assessment Lien for delinquent <br />Assessments that has been validly recorded shall be made only by the Board and may not be delegated to <br />an agent of the Association. The Board shall approve the decision by a majori ty vote of the Board members <br />in an executive session. The Board shall record the vote in the minutes of the next meeting of the Board open <br />to all members. The Board shall maintain the confidentiality of the Owner or Owners of the Unit by identifying <br />the matter in the minutes by the Unit number of the property, rather than the name of the Owner or Owners. <br />A Board vote to approve foreclosure of a lien shall take place at least thirty (30) days prior to any public sale. <br /> <br />(3) The Board shall provide notice by personal service to an Owner of a Unit who <br />occupies the Unit or to the owner's legal representative, if the Board votes to foreclose upon the Unit. The <br />Board shall provide written notice to an Owner of a Unit who does not occupy the Unit by first -class mail, <br />postage prepaid, at the most current address shown on the books of the Association. In the absence of written <br />notification by the Owner to the Association, the address of the Owner's Unit may be treated as the Owner's <br />mailing address. <br />98