02-18-2025 Planning Commission Packet (2)

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24 13.2.5 or 13.2.6, the Board shall, upon written request of the offender, grant to the offender an opportunity for a fair and equitable hearing as contemplated by the Governing Documents and the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request by the Board, and with at least ten days prior written notice to the offender. If the offender fails to timely request a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board’s decision shall be delivered in writing to the offender within ten days following the hearing, if not delivered to the offender at the hearing. If the Board delegates the hearing duties described in this Section to a committee, then references in this Section to the Board’s hearing duties shall refer to the committee. 13.4. Lien for Charges, Penalties, Etc. Any charges, fines, expenses, penalties, interest or other impositions under this Section shall be a lien against the Unit of the Owner or Tenant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy but shall not be final as to violations for which a hearing is held until the Board makes a written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the Association’s right to pursue any others. 13.5. Costs of Proceeding and Attorneys’ Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes pursuant to the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the Unit owned by the violator with any expenses incurred in connection with such enforcement, including, without limitation, fines or charges previously imposed by the Association, - reasonable attorneys’ fees and other professional fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association by an Owner or Tenant. Such collection or contingency fees or costs shall be the personal obligation of the Owner of the Unit and shall be a lien against such Owner’s Unit. 13.6. Liability for Acts of Owners and Tenants. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner’s acts or omissions, or by that of Tenants or guests in the Owner’s Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Tenant. However, any insurance deductible amount and/or increase in insurance rates of the Association resulting from the Owner’s acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. 13.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. 13.8. Pre-litigation Requirement. Any litigation, administrative proceeding or other legal action instituted or intervened in by or in the name of the Association, exclusive of any action (i) to collect Assessments or foreclose Assessment liens, or (ii) to enforce the Governing Documents or the Rules and Regulations, is subject to prior approval by the Owners of Units to which are allocated a majority [in excess of fifty percent (50%)] of the total votes in the Association. Any litigation, administrative proceeding or other legal action instituted or intervened in by or in the name of the Association involving a construction defect claim as defined by Section 515B.1-1 03(11a) of the Act requires compliance with Sections 515B.3- 102(d) and (e), and 515B.4- 116(c) of the Act prior to commencement. SECTION 14 72