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i <br /> a� <br /> � , ' <br /> offending Ouvner, grant to the affending Owner a hearing as contemplated by the Act and.this ' <br /> Section 13.�. The hearing may be held before the 8oard or a committee of three or more <br /> disinterestec�Owners appointed by the Board. The offending Owner shail be given notice of the <br /> nature of the violation and the right to a hearing, and at least ten days within which to request <br /> hearing. Th� hearing shall be scheduled by the Board/committee and held within thirty days o <br /> receipt of thie hearing r�quest by the Board/cornmittee, and with ai least ten days prior written <br /> notice to th� offending Owner_ If the ofiending Owner faits to request, or to appear at, the <br /> hearing, the the right to a hearing shall be waived and the Board/committee may take such <br /> action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The <br /> decisivn of t�e Board/committee and the rules for the conduct of hearings established by th <br /> Board/comr�ittee, shall be final and binding on all parties. 1'he Board's/committee's de�ision <br /> shall be deliirered in writing#o the offending Owner within ten days following.the hearing, if not <br /> i <br /> delivered to�the offender at the hearing_ Any fines to be imposed by the Association may, at the <br /> Board's/Corhmittee's discretion,be retroactive to the date of the violation or offense. <br /> 13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses, <br /> penalties, ori interest imposed under this Section shall be a lien against the Unit of the Owner o <br /> Occupant a�ainst whom the same are imposed and the personal obligation of such Owner in th <br /> same mann�r and with the same priority and effect as Assessments under Section 6. The lie <br /> shall attach �s of the date of imposition of the remedy, but shall not be final as to violations fo <br /> which a heating is held until the Board makes a written decision at or following the hearing. All <br /> ' remedies sh�.11 be cumulative, and the exercise of,or failure to exercise, any remedy shall not be <br /> deemed a w$iver of the Association's right to pursue any other remedy. <br /> t3.5� Costs of Proceedin� and Attornevs' Fees_ With respect to any co!]c:ctia <br /> measures, of any measures or actian, ]egal, administrative, or otherwise, which the Associatio <br /> takes to en�'orce the provisions of the Act, the Governing Documents, or the Rules an <br /> Regulations whether or not finally determined by a court or arbitrat�r, the Association�ma <br /> assess the nit owned by the violator with any expenses incurred in eonnection with suc <br /> enforcemen , inciuding without limitation fines or charges previously imposed by th , <br /> Association reasonable attorneys' fees, and interest (at the highest rate allowed by taw) on th <br /> delinquent almounts owed to the Associatiom. Such expenses shall also include�ny collection o <br /> contingency� fees or costs charged to the Association by a collection agency or other Perso <br /> acting an belhalf of the Association in collecting any delinquent amounts owed to the Associatio <br /> by an Own�r ar Occupant. Such collection or contingency fees or costs shall be the personal <br /> obligation o{Fthe Owner and shall be a lien against the Owner's Unit. <br /> 13.6'�, Liabilitv for Aets of Owners and Occunants. An Owner shall be liable for th <br /> expense of�ny maintenance, repair, or replace�nent of the Property rendered necessary by suc <br /> � Owner's ac�s or omissions, and by that of Occupants or guests in the Owner's Unit, to the exten <br /> that such expense is not covered by the proceeds of insurance carried by the Association or suc <br /> Owner or {�ccupant. However, any insurance deductible amount and/or increase in insuranc <br /> rates, resulting E'rom the Owner's acts or omissions may be assessed against the Owne <br /> responsible Ifor the condition and against his or her Unit. <br /> MPLS-Word 95Z8l.I 1 33 ' <br /> i <br /> I <br /> � <br /> I <br />