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Owner. In cOImection therewith, a Unit Owner, at its sole cost and expense, shall have the right
and obligation to cause such amendments to this Declaration and the Survey Map and Plans to be
prepared and recorded as may be required by law or requested by title insurers or mortgagees of
the Unit. The Declaration Survey map and Plans may be amended to show data pertaining to
Unit Structures when completed.
ARTICLE 24. DISPUTE RESOLUTION
24.1 Dispute Resolution. The parties hope there will be no disputes arising out of their
relationship. To that end, each commits to cooperate in good faith and to deal fairly in
performing its duties under this Declaration in order to accomplish their mutual objectives and
avoid disputes .
24.1.1 Any party who believes they have a dispute involving the Association, any
Association Board member or Officer, a Unit Owner, or an agent or employee of the above, shall
first seek resolution of the dispute by submitting, in writing, a statement of the dispute to the
party they believe is responsible. This written demand for resolution shall include a description
of the action taken in violation of the governing documents, the damage that resulted, and a
proposed solution that would resolve the issue. The palty who receives this settlement demand
shall respond within fourteen (14) days to the Complainant directly, in writing, and shall either
agree to the proposed resolution or propose an alternate means of resolution. If a resolution
cannot be agreed upon, or if no response is received within fourteen (14) days of the initial
demand for resolution, the dispute shall either proceed to mediation, as described in this Section
24.1 .2, or the aggrieved party may bring an action for damages or other equitable relief in
accordance with Section 24.1.3 .
24.1.2 Mediation. At ally time before a lawsuit is filed with the COUlt as
provided in Section 24.1.3 , any party may submit a written demand for mediation to all other
parties. The parties shall participate in a nonbinding mediation in an effort to resolve the dispute
outside of court. Unless otherwise agreed upon by all parties, the parties agree that the mediator
shall be selected from the Washington Arbitration and Mediation Services panelists. The
mediation shall be held within ninety (90) days of the initial demalld for mediation. If the
mediation results in an agreed resolution of the dispute, the parties shall represent all of the
agreed terms in a written, enforceable, Agreement, which shall be approved by the mediator.
24.1.3 Judicial Enforcement. Failure to comply with a provision of the Governing
Documents or a BOal'd Decision, or to comply with a decision of the Hearing Board following
notice of a violation and an opportunity for a hearing, shall be grounds for all action to recover
sums due for danlages, which shall include any fines levied by the Hearing Board and any costs,
including reasonable attorneys' fees, incurred by the Association in cOImection with the
proceedings before the Hearing Board, maintainable by the Association (acting through the
Board of Directors on behalf of the Owners). Such failure shall further be sufficient grounds for
the granting of injunctive relief in such an action and a showing of irreparable harm shall not be a
prerequisite to issuance of such injunctive relief. Nothing contained in the Governing
Documents shall be deemed or construed as a waiver of the Association' s right to bring an action
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