approved by a vote of Members entitled to cast 75% of the total Class .. A" votes in the Association, except that no such approval shall be required for actions or proceedings (a)
mitrated during the Class "B" Control Penod,
(b)
imtiated to enforce the provisions of t1us Declaration, including collection of
assessments and foreclosure of hens, mmated to challenge ad valorem taxation orcondemnation proceedings,
(c)
(d) unnated against any contractor, vendor, or suppher of goods or services ansmg out of a contract for services or supplies, or to defend claims filed agamst the Associenon or to assert counterclaims in
(e)
proceedings msntuted against It This Section shall not be amended unless such amendment
IS
approved by the same percentage
of votes necessary to institute proceedmgs Alternatwe Method for ResolVlng Dimutes
143
Declarant, the Association and Its officers, directors, and COIIlID.Ittee members, aU Persons subject to tlus Declaration, and any Person not otherwise subject to tlus Declaration who agrees to submit to this Article (collecuvely, "Bound Parties") agree to encourage the amicable resolution of disputes mvolvmg Anthem Parkside, without the emotional and financial costs of litigation Accordingly, each Bound Party covenants and agrees that those claims, gnevances or disputes described in Sections 144 ("Clauns") shall be resolved using the procedures set forth m Section 145m lieu offilmg suit m aoy court 144
Claws
& used m tins Article, the tenn "Claim" shall refer to any chum, gnevance, or dispute ansmg out of or relating to
(1)
the
(n)
the nghts, obligations, aod duties of aoy Bound Party under the Goverrung
mterpretation, apphcation, or enforcement of the Goverrung
Documents. Documents, or (m) the design or construction ofunprovements within Anthem Parkside, other than matters of aesthetic judgment under Article N, which shall not be subject to review Notwithstandmg the above, the following shall not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth In Secnon 145
4S
