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29 <br /> <br /> <br /> <br />Project against the Declarant, or any architect, engineer or other consultant, or any contractor, subcontractor <br />or materials supplier engaged by or on behalf of Declarant for the design and/or construction of the Project, <br />or any element thereof, or otherwise defined in Civil Code Sections 896 or 897 as an Actionable Defect <br />("Claim"), shall be resolved and administered in accordance with Civil Code Sections 895 through 945.5, <br />and Civil Code Section 6000, as such Sections may be amended, revised or superseded, from time to <br />time. <br /> <br />If a Claim is subject to pre-litigation procedures in Civil Code Sections 910 through 938, or any <br />successor statutes, each Owner, and the Declarant, prior to filing any civil action, arbitration or action in <br />judicial reference regarding such Claim shall comply with the pre-litigation procedures of Civil Code <br />Sections 910 through 938. Notices of Claims shall specify all of the matters as set forth in Civil Code <br />Section 6150 and/or Civil Code Sections 910 through 938, as applicable, and any successor statutes or <br />laws. <br /> <br />The Association and not the individual Members shall have the power to pursue any Claims for <br />alleged construction defects in the Common Area or other improvements or property within the Project that <br />the Association is obligated to maintain or repair under this Declaration. Any recovery by the Association <br />with respect to any damage to or defect in the Common Area or other improvements or property within <br />the Project that the Association is obligated to maintain or repair under this Declaration shall be utilized <br />solely for the purpose of paying for the costs of obtaining the recovery and for correcting such damage <br />or defect. <br /> <br />If the Claim is not resolved by and pursuant to the pre-litigation procedures of under Civil Code <br />Sections 910 through 938, subject to the provisions of Civil Code Section 6000, then notwithstanding the <br />provisions of Code of Civil Procedure Section 1298.7, the Claim shall be resolved in accordance with the <br />provisions of Section 9.11.D of this Declaration (Judicial Reference) and the provisions of Section 9.11.E <br />of this Declaration (Arbitration of Disputes). <br /> <br />C. Notices to Members of Legal Proceedings Against Declarant: In accordance with <br />Civil Code Section 6150, at least thirty (30) days prior to filing any civil action, including arbitration, <br />against Declarant or other developer of the Project for alleged damage to the Common Areas, alleged <br />damage to the separate interests that the Association is obligated to maintain or repair, or alleged <br />damage to the separate interests that arises out of, or is integrally related to, damage to the Common <br />Areas or separate interests that the Association is obligated to maintain or repair, the Board shall <br />provide written notice to each Member specifying each of the following: That a meeting will take place to <br />discuss problems that may lead to the filing of a civil action; the options, including civil actions, that are <br />available to address the problems; and the time and place of the meeting. If the Association has reason <br />to believe that the applicable statute of limitations will expire before the Association is able to give notice, <br />hold the meeting and file the civil action, the Association may file the civil action first and then give the <br />notice within thirty (30) days after filing of the action. <br /> <br />D. Judicial Reference for Certain Disputes: For any action by the Association or any <br />Owner against the Declarant, any architect, engineer or other consultant, or any contractor, subcontractor or <br />materials supplier engaged by or on behalf of Declarant for the design and/or construction of the Project, or <br />any element thereof ("Developer Parties"), subject to the provisions of Civil Code Sections 895 through <br />938, Civil Code Section 6000, or any other action by the Association or any Owner against the Declarant, <br />except as otherwise provided herein, such claim shall be submitted to Judicial Reference as hereinafter <br />provided: <br /> <br />(1) The dispute shall be submitted to binding general judicial reference <br />pursuant to Code of Civil Procedure Sections 638 through 645.2, or any successor statutes thereto <br />pertaining to proceedings under judicial reference ("Judicial Reference"). The parties shall cooperate in <br />good faith to ensure that all necessary and appropriate parties are included in the Judicial Reference <br />proceeding. Declarant shall not be required to participate in the Judicial Reference proceeding unless it is <br />satisfied that all necessary and appropriate parties will participate. The parties shall share the fees and <br />116