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<br />4810-5342-0509, v. 2
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<br />16.2.3 Notice Requirements. Members shall annually be provided a summary of the
<br />provisions of California Civil Code Section 5900, et seq. which specifically references the provisions of
<br />California Civil Code Section 5965. The summary shall be provided either at the time the Budget required
<br />by California Civil Code Section 5300 is distributed or in the manner specified in California Corporations
<br />Code Section 5016. The summary shall include a description of the Association's internal dispute resolution
<br />procedure, as required by California Civil Code Section 5920.
<br />16.2.4 Civil Action. A civil action to enforce the Governing Documents shall comply
<br />with California Civil Code Sections 5850 through 5985.
<br />16.3 Enforcement of Non-Payment of Assessments. Each Owner of any Condominium then
<br />subject to Assessment shall be deemed to covenant and agree to pay to the Association each and every
<br />Assessment provided for in this Declaration. The Association shall have the right to enforce such payment
<br />obligation in accordance with the provisions set forth in Section 6.11 (Collection of Assessments; Liens).
<br />16.4 Enforcement of Bonded Obligations. The Association shall have the right to enforce
<br />bonded obligations in accordance with the provisions set forth in Section 6.21 (Association Property
<br />Improvements).
<br />16.5 Disputes Involving Declarant.
<br />16.5.1 Defined Terms. For purposes of this Section and this Declaration, the
<br />following terms shall have the meanings set forth below.
<br />(a) "Claim" means any Construction Defect Claim or Other Claim.
<br />(b) "Claim Process" means the pre-litigation process for the resolution of
<br />Construction Defect Claims and Other Claims as described in the Master Dispute Resolution Declaration.
<br />(c) "Construction Defect Claim" means any claim, issue or controversy,
<br />whether or not the claim, issue or controversy is governed by or subject to the Right to Repair Act or is
<br />based upon common law, that arises from or is related in any way to any alleged deficiencies in
<br />construction, design, specifications, surveying, planning, supervision, testing, or observation of
<br />construction, including, but not limited to, any alleged violation of the standards set forth in California Civil
<br />Code Sections 895 through 897, inclusive of the Right to Repair Act.
<br />(d) "Dispute" means any claim, issue or controversy that arises from or is
<br />related in any way to: (a) the Community; (b) any Unit; (c) the Association Property; (d) the relationship
<br />between the Association and Declarant; and/or (e) the relationship between any Owner and Declarant,
<br />whether contractual, statutory or in tort, including, but not limited to, claims, issues or controversies that
<br />arise from or are related to the purchase, sale, condition, design, construction or materials used in
<br />construction of any portion of the Community or any Unit, Association Property, the agreement between
<br />Declarant and Owner to purchase the Condominium or any related agreement, the Limited Warranty,
<br />disclosures, or alleged deficiencies in construction, design, specifications, surveying, planning, supervision,
<br />testing, or observation of construction related to Improvements within the Association Property or the Unit,
<br />including, but not limited to, the following: (i) a Construction Defect Claim; (ii) an Other Claim; (iii) any
<br />disagreement as to whether a Construction Defect Claim has been properly repaired; (iv) any disagreement
<br />as to the value of repairing damages which are the subject of a Construction Defect Claim; (v) the cost of
<br />repairing damage caused by the repair efforts, the cost to remove or replace an improper repair, and any
<br />alleged relocation expenses, storage expenses, lost business income, investigation costs and all other fees
<br />and costs recoverable by contract or statute as a result of a Construction Defect Claim; and (vi) any
<br />disagreement concerning the timeliness of Declarant's performance or the Association’s or an Owner's
<br />notice under the Limited Warranty or the Claim Process.
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