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<br />#10634702v3 <br /> <br />18 <br />to enforce compliance with the Governing Documents, the Rules and Regulations, or the <br />decisions of the Association. However, no Owner may withhold any assessments <br />payable to the Association, or take (or omit) other action in violation of the Governing <br />Documents or the Rules and Regulations, as a measure to enforce such Owner’s position, <br />or for any other reason. <br /> <br />13.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or <br />implied, administrative or legal, the Association shall have the right, but not the <br />obligation, to implement any one or more of the following actions against Owners and <br />Occupants and/or their guests, who violate the provisions of the Governing Documents or <br />the Rules and Regulations: <br /> <br /> a. Commence legal action for damages or equitable relief in any court of competent <br />jurisdiction. <br /> <br />b. Impose late charges of up to 15% of each late payment of an assessment or <br />installment thereof. <br /> <br />c. In the event of default of more than 30 days in the payment of any assessment or <br />installment thereof, all remaining installments of assessments assessed against <br />the Homesite owned by the defaulting Owner may be accelerated and shall then <br />be payable in full if all delinquent assessments, together with all costs of <br />collection and late charges, are not paid in full prior to the effective date of the <br />acceleration. Reasonable advance written notice of the effective date of the <br />acceleration shall be given to the defaulting Owner. <br /> <br />d. Restore any portions of the Common Areas or Limited Common Areas damaged <br />or altered, or allowed to be damaged or altered, by any Owner or Occupant or <br />their guests in violation of the Governing Documents. <br /> <br />e. Foreclose any lien arising under the provisions of the Governing Documents or <br />under law, in the manner provided for the foreclosure of mortgages by action or <br />under a power of sale in the state where the property is located. <br /> <br />13.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by <br />Section 13.2.d., or e. of this Section, the Board shall upon written request of the offender, <br />grant to the offender a fair and equitable hearing. The offender shall be given notice of <br />the nature of the violation and the right to a hearing, and at least 10 days within which to <br />request a hearing. The hearing shall be scheduled by the Board and held within thirty <br />(30) days of receipt of the hearing request by the Board, and with at least ten (10) days <br />prior written notice to the offender. If the offending Owner fails to appear at the hearing <br />then the right to a hearing shall be waived and the Board may take such action as it deems <br />appropriate. The decision of the Board and the rules for the conduct of hearings <br />established by the Board shall be final and binding on all parties. The Board’s decision <br />shall be delivered in writing to the offender within ten (10) days following the hearing, if <br />not delivered to the offender at the hearing. <br /> <br />13.4 Lien for Charges, Penalties, Etc. Any assessments, charges, fines, penalties or interest <br />imposed under this Section shall be a lien against the Homesite of the Owner or Occupant <br />356