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Beech Mountain Lakes Association
One Burke Drive, Drums PA 18222
570-788-1010 Phone     570-788-5117 Fax

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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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