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Whereas, N.J.S. 46:8B-14(k) requires the Association to provide a fair and efficient procedure for the resolution of housing related disputes between the Unit Owners and the Association, and between the Unit Owners, as an alternative to litigation (collectively "ADR Procedure"); and,
Whereas, the Board of Trustees (hereinafter the "Board") is given the authority in (a) Article IV Board of Directors, Section 2 Powers and Duties, sub-section (e) of the By-Laws for the Association; and (b) Article VI Operation of the Property, Section 12 Rules of Conduct of the By-Laws for the Association; (c) Section 7 Determination of the board to Be Binding of the Master Deed of the Association; to operate and manage the affairs of the Association, and to exercise all powers, duties and authority necessary for the proper conduct and administration of the affairs of the Association; and,
Whereas, for the benefit of the Association and the individual Unit Owners, the Board deems it necessary and desirable to establish procedures for dispute resolution in circumstances where there is a dispute between Unit Owners or between the Association and Unit Owners regarding compliance with the provisions of the Articles of Incorporation, the Master Deed, the By-Laws and the Rules and Regulations of the Association (collectively the "Condominium Documents"), thereby attempting to minimize the necessity of judicial intervention and litigation; and
Whereas, the Board has the power to enforce on its own behalf and on behalf of the Unit Owners, all of the provisions and restrictions set forth in the Condominium Documents including the regulation, appearance and use of the Units and Common Elements and has the authority to notify Unit Owners of activity which violates the Condominium Documents and to delegate its enforcement rights as herein provided; and,
Whereas, in accordance with the mandates of New Jersey law, the Board deems it necessary to adopt a uniform procedure for the resolution of Disputes between Unit Owners and the Association, and between Unit Owners, through a process of negotiation mediation and non-binding arbitration prior to the institution of binding arbitration or litigation.
Now, Therefore, Be It Resolved by the Board that the following ADR procedure be and it hereby is adopted, ratified and confirmed:
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