|
202002679
<br />with the Association, and the insurance proceeds shall be payable to the Association and not to
<br />any mortgagee or beneficiary under a deed of trust. Subject to the provisions of Section 9.1, the
<br />proceeds shall be disbursed for the repair or restoration of the damage to the Area of Association
<br />Responsibility.
<br />10.4 Repair and Replacement of Damaged or Destroyed Property.
<br />Any portion of the Areas of Association Responsibility that is damaged or destroyed shall
<br />be repaired or replaced promptly by the Association unless repair or replacement would be illegal
<br />under any state or local health or safety statute or ordinance, or Owners representing at least eighty
<br />percent (80%) of the total authorized votes in the Association vote not to repair or replace the
<br />damaged or destroyed Improvements. The cost of repair or replacement in excess of insurance
<br />proceeds and reserves shall be paid by the Association.
<br />If all of the damaged Areas of Association Responsibility are not completely repaired or
<br />replaced, insurance proceeds attributable to the damaged Areas of Association Responsibility shall
<br />be used to restore the damaged area to a condition that is not in violation of any state or local health
<br />or safety statute or ordinance and the remainder of the proceeds shall be retained by the Association
<br />as an additional capital reserve.
<br />ARTICLE 11
<br />DISPUTE RESOLUTION
<br />11.1 Agreement to Resolve Certain Disputes Without Litigation.
<br />As used in this Article 11, the term "Claim" shall mean: (a) any claim or cause of action
<br />arising out of or related in any way to the planning, design, engineering, grading, construction, or
<br />development of the Common Area or any Lot, including without limitation any claim or cause of
<br />action that the Common Areas are defective or that the Declarant or a Designated Builder or their
<br />agents, contractors, employees, subcontractors, architects, engineers, or consultants were negligent
<br />in the planning, design, engineering, grading, construction, or development thereof; or (b) any
<br />claim or cause of action against the Declarant or a Designated Builder or any employee, agent,
<br />director, member, or officer of Declarant or a Designated Builder arising out of or in any way
<br />related to the development of the Project or the management or operation of the Association,
<br />including without limitation any claim for negligence, fraud, intentional misconduct, or breach of
<br />fiduciary duty. The Association, Declarant, and Designated Builders; all Owners, Residents, and
<br />other Persons bound by this Declaration; and any Person not otherwise bound by this Declaration
<br />who agrees to submit to this Article 11 (collectively, the "Bound Parties") agree that the dispute
<br />resolution procedures set forth in this Article 11 shall apply to all claims.
<br />11.2 Notice of Claim.
<br />Any Bound Party having or alleging to have a Claim (a "Claimant") against any other
<br />Bound Party (a "Respondent") shall notify each Respondent in writing of the Claim, stating plainly
<br />and concisely (a) the nature of the Claim, including date, time, location, Persons involved, and
<br />Respondent's role in the Claim; (b) the factual and legal basis of the Claim; and (c) what Claimant
<br />wants Respondent to do or not do to resolve the Claim (the "Claim Notice").
<br />In the event that the Claimant is the Association, the Association must provide written
<br />notice to all Members prior to delivering a Claim Notice or commencing any legal action, cause
<br />of action, proceeding, reference, or arbitration against a Declarant or a Designated Builder, which
<br />notice shall at a minimum include (a) a description of the Claim; (b) a description of the attempts
<br />of the Declarant or any Designated Builder to correct the Alleged Defect (as defined in Section
<br />11.4) and the opportunities provided to Declarant or the Designated Builder to correct such Alleged
<br />Defect; (c) the estimated cost to repair such Alleged Defect; (d) the name and professional
<br />background of the attorney retained by the Association to pursue the Claim against the Declarant
<br />or Designated Builder and a description of any relationship between such attorney and any member
<br />of the Board; (e) a description of the fee arrangement between such attorney and the Association;
<br />(f) the estimated attorneys' fees and expert fees and costs necessary to pursue the Claim and the
<br />source of the funds that will be used to pay such fees and expenses; (g) the estimated time necessary
<br />to conclude the action against the Declarant or Designated Builder; (h) a description of the manner
<br />in which the action will be funded and a description of any demands, notices, offers to settle, or
<br />Page 39 of 52
<br />
|