(c) Payment Under Protest and Commencement of Small Claims Action. In addition to pursuing dispute resolution pursuant to Civil Code §5910 and 5935, pursuant to Civil code §5658, the Owner may pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, and may thereafter commence an action in Small Claims Court provided the amount in dispute does not exceed the jurisdictional limits of that Court. 10. Lien/Notice of Delinquent Assessment If the delinquent Owner does not bring their account current within (30) days of the Pay or Lien Demand Letter, and unless a dispute over such debt has been resolved or a payment plan has been entered into as set forth above, a lien will be recorded against the Owner’s property upon a majority of the Board voting to approve recording the Lien in an open meeting. The Board shall record the vote in the minutes of the meeting. Confidentiality shall be maintained by identifying the property by the parcel number in those minutes. The President or other person designated by the Association, including the Association’s managing agent or the Association’s legal counsel, shall sign the lien. The Lien shall include an itemized statement of the charges included in the amount of the Lien including the delinquent assessment(s) and all other sum owed, such as late charges, costs and reasonable attorneys' fees, a legal description of the property, the name of the record Owner, and the name and address of the trustee authorized to enforce the Lien by sale. A copy of the itemized statement of charges shall be recorded with the Lien. A copy of such Lien will be mailed to every person whose name is shown as an Owner of the separate interest in the Association’s records within 10 days of the date the Lien is recorded. Upon receipt of a written request by an Owner (mailed in a manner indicating the Association has received the same such as by certified mail) identifying a secondary address to which the Owner wishes collection notices to be sent, the Association shall also send additional copies of any required collection notices to such secondary address. The Lien is subject to non- judicial foreclosure, and the property may ultimately be foreclosed upon and sold without court action to satisfy the debt owed. Reasonable collection costs incurred in connection with preparing and recording the Lien may be included in the amount of the Lien. 11. Dispute of Charges After Lien Prior to initiating foreclosure for delinquent assessments, the Association shall offer the Owner and, if so requested by the Owner, shall participate in the Association’s” meet and confer” program (known as Internal Dispute Resolution or IDR) pursuant to Civil Code 5910 or Alternative Dispute Resolution (ADR) with a neutral third party pursuant to Civil Code 5935. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner (binding arbitration not available if the Association pursues judicial foreclosure.) 12. Foreclosure If the delinquent Owner does not bring their account current after the Lien has been recorded, and after the foregoing offers of dispute resolution have been presented, a majority of the Board may vote to initiate foreclosure on the Lien, in an Executive session meeting of the Board The Board may only authorize foreclosure on a Lien for those regular or special assessments which are of an amount equal to or exceeding one thousand eight hundred dollars($1,800) exclusive of late charges, fees, costs of collection, attorney’s fees or interest) or which are more than twelve (12) months delinquent. The Board shall record the vote
in the minutes of the next meeting of the Board open to all members. Confidentiality shall be maintained by identifying the property by parcel number in those minutes.
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