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,� . , • � offending Owner, rant to the offending Owner a hearing as contemplated by the Act and �this - Section 13.3. Th hearing may be held before the Board or a committee of three or more disinterested Own rs appointed by the Board. The offending Owner shall be given notice of the nature of the viola ion and the right to a hearing,and at least ten days within which to request a hearing. The he ng shall be scheduled by the Board/committee and held within thirty days of re�eipt of the hea ing reyuest by the Boartllcommittee, and wiih at_least ten days prior. written notice to the offe ding Owner_ If the offending Owner faiis to request, or to appear at, the hearing, then the ight to a hearing shall be waived and the Board/committee may take sach action as it deems ppropriate. Hearings shall be conducted in a fair and equitabie manner. The � decision of the B ard/committee and the rules for the conduct of hearings established by the Board/committee, shall be final and bindin� on all parties. T'he Board's/committee's decision shall be delivered n writing to the offending Owner within ten days following.the hearing, if not � delivered to the o ender at the hearing. Any fines to be imposed by the Association may, at the � Board's/Committ 's discretion,be retroactive to the date of the violation or offense. 13.4 Lie for Assessments Char es Etc. Any Assessments, charges, fines, expenses, , penalties, or inter st imposed under this Section shall be a ]ien again5t the Unit of the Owner or Occupant against hom 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 e 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 umulative, and the exercise af, or failure to exercise, any remedy shall not be deemed a waiver f the Association's right to pursue any other remedy. . ! 13.5 Co ts of Proceedin and Attorne s' Fees_ With respect to any collection measures, or any easures or actian, ]egal, administrative, or otherwise, which the Association takes to enforce the pmvisions of the Act, the Governing Documents, or the Rules and Regulations, whe er or not finally determined by a court or arbitrator; the Association may � assess the Unit o ned by the violator with any expenses incurred in eonnection with such enforcement, inc uding without limitation fines or charges previously imposed by the , Association, reas nable attorneys' fees, and interest (at the highest rate aliowed by taw)on the deliriquent amoun s owed to the Association•. Such expenses shall also include�ny collectior�or contingency fees r costs charged to the Association by a collection ageney or other Person acting an behalf o the Association in collecting any delinqueni amounts owed to the Assaciation by an Owner or ecupant. Such collection or contingency fees or costs shall be the personal obligatian of the wner and shall be a lien against the Owner's Unit. ! 13.6 Li ili for Acts of Owners and Occu ants. An Qwner shall be liable for the I expense of any m intenance, repair, or replacement of the Property rendered necessary by such � Owner's acts or o issions,and by that of Occupants or guests in the Owner's Unit,to the extent that such expense is not covered by the pcoceeds of insurance carried by the Association or such Owner or Occup t. However, any insurance deductible amount and/or increase in insurance rates, resulting f om the Owner's acts or omissions may be assessed against the Owner responsible for th condition and against his or her Unit. MPLS-Word 95281.1 I 33 I