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., � <br /> . <br /> � <br /> offendi g Owner, grant to the offending Owner a hearing as contemplated by the Act an �this • <br /> Sectio 13.3. The hearing may be held before the Board or a committee of three or ore <br /> disinte ested Owners appainted by the Board. The offending Owner shall be given notice f the . <br /> nature f the violation and the right to a hearing, and at least ten days within which to req est a <br /> hearin . The hearing shal! be scheduled by the Board/committee and held within thirty d s of <br /> receipt of the he�ring re�uest by the Board/cornmittee, and with ai leasi ten dzys prior w 'itet� <br /> notice o the flffending Owner. If the ofiending C3wner faits to request, or to appear a , the <br /> hearin , then the right to a hearing shail be waived and the Board/cammittee tnay take SIICIi <br /> action s it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The <br /> decisio of the Boardlcommittee and the rules for the conduct of hearings established b the <br /> Board/ ommittee, shall be final and binding on all parties. Z'he Board's/committee's de ision <br /> shall b delivered in writing to the offending Owner within ten days following.the hearing, f not <br /> deliver d to the offender at the hearing. Any fines to be imposed by the Association may, t the � <br /> Board' /Committee's discretion,be retroactive to the date of the violation or offense. <br /> 13.4 Lien for Assessments, Char�es, Etc. Any Assessments, charges, fines, exp nses, <br /> penalti s, or interest imposed under this Sectian shall be a lien against the Unit of the Ow er or <br /> Occup nt against whom the same are imposed and the personal obligation of such Owner ' the <br /> same anner and with the same priority and effect as Assessments under Section 6. Th lien <br /> sha31 a ach as of the date of imposition of the remedy, but shali not be final as to violatio s for <br /> which hearing is held until the Board makes a written decision at or following the hearing All <br /> ' remedi s shall be cumulative, and the exercise of, or failure to exercise, any remedy sha31 t be <br /> deeme a waiver of the Association's right to pursue any otherremedy. <br /> 13.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any eol( I tion � <br /> measu s, or any measures or actian, legal, administrative, or otherwise, which the Assoc�ation <br /> takes t enforce the provisions of the Act, the Governing Documents, or the Rule� and <br /> Reguta ions, whether or not finally determined by a court or arbitrator, the Association may � <br /> assess he Unit owned by the violator with any. expenses incurred in connecrion with such <br /> enforc ment, inciuding without limitation fines or charges previously imposed b the , <br /> Associ tion, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) o the <br /> delinq ent amounts owed to the Association•. Such expenses shall also include�ny collecti r�or <br /> contin ency fees or costs charged to the Association by a collection agency or other P rson <br /> acting n behalf of the Association in collecting any delinquent amounts ow�d to the Assoc� tion <br /> by an wner or Occupant. Such collection or contingency fees or costs shall be the per onal <br /> obligat on of the Owner and shall be a lien against the Owner's Unit. <br /> 13.6 Liability for Acts of Owners and Occt�pants. An Owner shall be liable f r the <br /> expens of any maintenance, repair, or replacement of the Property rendered necessary by such <br /> Owner s acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the tent <br /> that su h expense is not covered by the proceeds oP insurance carried by the Association or such <br /> Owner or Occupant. However, any insurance deductible amount and/or increase in insu ance <br /> � rates, esulting from the Owner's acts or omissions may be assessed against the ner <br /> respon ible for the condition and against his or her Unit. <br /> i <br /> I <br /> MPt,S-Wo d9528L11 33 <br />