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12 <br /> <br /> <br /> <br /> <br />(4) A non-judicial foreclosure by the Association to collect upon a debt for delinquent <br />Assessments shall be subject to a right of redemption. The redemption period within which the Unit may be <br />redeemed from a foreclosure sale under this paragraph ends 90 days after the sale. <br /> <br /> In addition to the requirements of Civil Code Section 2924, a notice of default shall be served by the <br />Association on the Owner's legal representative in accordance with the manner of service of summons <br />in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. <br />Upon receipt of a written request by an Owner identifying a secondary address for purposes of collection <br />notices, the Association shall send additional copies of any notices required by this Section to the secondary <br />address provided. The Association shall notify Owners of their right to submit secondary addresses to the <br />Association, at the time the Association issues the annual policy statement per Civil Code Section 5310. The <br />Owner's request shall be in writing and shall be mailed to the Association in a manner that shall indicate the <br />Association has received it. The Owner may identify or change a secondary address at any time, provided <br />that, if a secondary address is identified or changed during the collection process, the Association shall only <br />be required to send notices to the indicated secondary address from the point the Association receives <br />the request. <br /> <br />G. Sale by Trustee: Any sale by the trustee shall be conducted in accordance with <br />the provisions of §§ 2924, 2924b, 2924c, 2924f, 2924g, 2924h and 2924j of the Civil Code applicable <br />to the exercise of powers of sale in mortgages and deeds of trust, including any successor statutes thereto, <br />or in any other manner permitted by law. The fees of a trustee may not exceed the amounts prescribed in <br />Civil Code§§ 2924c and 2924d. Nothing in this Declaration shall preclude the Association from bringing an <br />action directly against an Owner for breach of the personal obligation to pay Assessments or from taking <br />a deed in lieu of foreclosure. <br /> <br />H. Suspension of Rights of Delinquent Owner: The Board may temporarily suspend <br />the voting rights of a Member who is in default in payment of any Assessment, after notice and hearing, <br />as provided in the Bylaws. <br /> <br />I. Fines and Penalties: In conformity with Civil Code Section 5725(b), fines and <br />penalties imposed by the Association for violation of this Declaration as a disciplinary measure for failure <br />of an Owner to comply with this Declaration or the Rules, except for late payments, are not "Assessments ," <br />and are not enforceable by Assessment Lien, but are enforceable by court proceedings. <br /> <br />4.10. Reimbursement Charges: The Board may levy a Reimbursement Charge against a Member <br />after notice and hearing, as provided in the Bylaws, to reimburse the Association for costs incurred by the <br />Association in the repair of damage to the Common Area and facilities for which the Member or the Member's <br />guests or tenants were responsible and in bringing the Member and such Member’s Unit into compliance with <br />the provisions of the Governing Documents in the amount required to reimburse the Association for the actual <br />costs and expenses incurred and the amounts incurred to enforce the Association's rights under this <br />Declaration as are then permitted by law. Reimbursement Charges shall be payable when directed by the <br />Board after written notice to the Owners, which notice shall in no event be less than thirty (30) days. <br />Reimbursement Charges shall not be deemed Assessments, and shall not be subject to lien, but may be <br />subject to enforcement as otherwise permitted by this Declaration and the law. <br /> <br />4.11. Unallocated Taxes: In the event that any taxes are assessed against the Common Area, <br />or the personal property of the Association, rather than against the Condominiums, said taxes shall be <br />included in the Assessments made under the provisions of Section 4.1 and, if necessary, a Special <br />Assessment may be levied against the Condominiums in an amount equal to said taxes, to be paid in two <br />(2) installments, thirty (30) days prior to the due date of each tax installment. <br /> <br />4.12. Estoppel Certificate: Within ten (10) days of the mailing or delivery of a written request <br />by any Owner, the Board shall provide the Owner with a written statement containing the following <br />information: (i) whether to the knowledge of the Association, the Owner or Occupant of the Owner's <br />99