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13.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the
<br />Governing Documents or the Rules and Regulations.
<br />13.2.5. Restore any portions of any Common Elements, Unit or Limited Common Elements
<br />damaged or altered, or allowed to be damaged or altered, by any Owner or Tenant or their guests in
<br />violation of the Governing Documents, and to assess the cost of such restoration against the responsible
<br />Owners and their Units.
<br />13.2.6. Enter any Unit or Limited Common Element in which a violation or breach of the
<br />Governing Documents or the Rules and Regulations exists which materially affects, or is likely to
<br />materially affect in the near future, the health or safety of the other Owners or Tenants, or their guests,
<br />or the safety or soundness of any other part of the Property or the property of the Owners or Tenants,
<br />and to summarily abate and remove, at the expense of the offending Owner or Tenant, any structure,
<br />thing or condition in the Unit or Limited Common Elements which is causing the violation; provided,
<br />that any improvement which is a part of a Unit may be altered or removed only pursuant to a court order
<br />or with the agreement of the Owner.
<br />13.2.7. Foreclose any lien arising under the provisions of the Governing Documents or under
<br />law, in the manner provided by the Act and Section 6.
<br />13.3. Rights to Hearin. Before the imposition of any of the remedies authorized by Section 13.2.4,
<br />13.2.5 or 13.2.6, the Board shall, upon written request of the offender, grant to the offender an opportunity for a
<br />fair and equitable hearing as contemplated by the Governing Documents and the Act. The offender shall be given
<br />notice of the nature of the violation and the right to a hearing, and at least ten days within which to request a
<br />hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request
<br />by the Board, and with at least ten days prior written notice to the offender. If the offender fails to timely request
<br />a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such
<br />action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established
<br />by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the
<br />offender within ten days following the hearing, if not delivered to the offender at the hearing. If the Board
<br />delegates the hearing duties described in this Section to a committee, then references in this Section to the
<br />Board's hearing duties shall refer to the committee.
<br />13.4. Lien for Charles, Penalties, Etc. Any charges, fines, expenses, penalties, interest or other
<br />impositions under this Section shall be a lien against the Unit of the Owner or Tenant against whom the same
<br />are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect
<br />as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy but shall not be
<br />final as to violations for which a hearing is held until the Board makes a written decision at or following the
<br />hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
<br />deemed a waiver of the Association's right to pursue any others.
<br />13.5. Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any
<br />measures or action, legal, administrative, or otherwise, which the Association takes pursuant to the provisions
<br />of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or
<br />arbitrator, the Association may assess the Unit owned by the violator with any expenses incurred in connection
<br />with such enforcement, including, without limitation, fines or charges previously imposed by the Association, -
<br />reasonable attorneys' fees and other professional fees, and interest (at the highest rate allowed by law) on the
<br />delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency
<br />fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association
<br />in collecting any delinquent amounts owed to the Association by an Owner or Tenant. Such collection or
<br />contingency fees or costs shall be the personal obligation of the Owner of the Unit and shall be a lien against
<br />such Owner's Unit.
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