DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 65
ARTICLE XV (cont.)
(8) The referee shall have the authority to rule on all post-hearing motions in the same manner as a trial judge.
The statement of decision of the referee upon all of the issues considered by the referee is binding upon the Parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the referee may not be appealed. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties. The parties acknowledge and accept that they are waiving their right to a jury trial and right to appeal the decision of the referee.
(d) Delinquent Assessments. The procedures set forth in subparagraphs (a), (b) and (c) above shall not apply to any action taken by the Association against Declarant for delinquent assessments, which shall be governed by Article V, or in any action involving any Common Property completion bonds, which shall be governed by the provisions of Article XIV.
(e) Miscellaneous. Notwithstanding any other provision herein to the contrary, in any dispute between the Association and/or any Owner and the Declarant, each party shall bear its own attorneys fees.
Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the matter shall be considered communications undertaken in the course of effecting a settlement or compromise as such shall not be admissible as an admission on the part of any party or any representative or agent of that party to be utilized for any such purpose in any action or proceeding.
Nothing herein shall be considered to reduce or extend any applicable statute of limitation. If at any time an action would be barred by a statute of limitation if not filed within sixty (60) days, then such action may be filed notwithstanding any other provision of this Section.
15.12. Additional Provisions.
Notwithstanding the provisions contained in the Restrictions, the Association and the Owners should be aware that there may be provisions of various laws, including without limitation the Davis-Stirling Common Interest Development Act codified at Sections 1350 et seq. of the California Civil Code and the federal Fair Housing Act codified at Title 42 United States Code, . Section 3601 et seq., which may supplement or override the Restrictions. Declarant makes no representations or warranties regarding the future enforceability of any portion of the Restrictions.