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Events
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18 BML Covenants 18. ARBITRATION In the event of a dispute between the Declarant and any Owner, or between Owners, regarding any provision contained in the Association Instruments, the Declarant or an Owner may request in writing that the other party provide sufficient information and documentation to resolve such dispute. If no resolution can be reached, the party wishing to pursue such
dispute must arrange for arbitration with the American Arbitration Association
prior to the instigation of any legal action against the other party. Said
arbitration and all expenses thereof, except the personal expenses, including
attorneys' fees, of the opposing party, shall be paid by the individual
initiating the arbitration. In no event shall the funds of the Association or
any Community Association be used to pay for such expenses. In the case of
arbitration between the Declarant and an Owner, the arbitration committee shall
consist of three arbiters, one of whom shall be selected by the Declarant, one
of whom shall be selected by the Owner and one of whom shall be mutually
acceptable. In the case of a dispute between Owners, only one arbiter, who
shall be mutually agreeable to both parties, shall be required. The decision of
the arbiters shall be nonbinding. By acceptance of this Declaration, each
Owner waives all rights to utilize any other forum by which, absent this
provision, legal proceedings could be instituted prior to arbitration. ć | ||||||||
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