Mandatory Dispute Resolution Procedures for The Club Owner and the Association Sample Clauses

Mandatory Dispute Resolution Procedures for The Club Owner and the Association. Any controversy, dispute, or claim (collectively “Dispute”) between the Club Owner, the Declarant or the Association, on its own behalf and on behalf of its members, arising out of or relating to the Club, this Homestead License, use of Club Facilities, Club operations, or the Club Documents shall be governed by the mandatory dispute resolution procedures set forth below. The Association Members shall have no direct rights to bring a Dispute against the Club Owner, but must request the Association, acting by and through its Board of Directors, to prosecute a Dispute on behalf of the Association Members. The Association shall prosecute Disputes on behalf of a requesting Association Member, provided the Association Member agrees to reimburse the Association for its costs incurred in prosecuting the Dispute and pays the Association a reasonable retainer as an advance on such costs, absent which agreement and funding, the Association Member will be deemed to have waived and released its Dispute. Notwithstanding the foregoing, nothing in this Section 18 shall be construed as obligating the Association to allege that a Dispute with the Club Owner or the Declarant exists or to prosecute any such Dispute merely because one or more Association Members assert that a Dispute exists. Instead, the Association’s determination that a Dispute exists shall be in the sole discretion of the Board of Directors, following a reasonable investigation of the pertinent circumstances.
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Related to Mandatory Dispute Resolution Procedures for The Club Owner and the Association

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