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�� • . I <br /> i . <br /> offending O ner, grant to the affending Owner a hearing as contemplated by ttie Act and�this � - <br /> Section l3. . The hearing may be held before the Board or a committee of three or more <br /> disintereste�Owners appointed by the Board. The offending Owner shaEl be given notice of the, . <br /> nature of th violation and the right to a hearing, and at least ten days within which to request <br /> heanng. Th�e hearmg shall be scheduled by the Board/committee and held within thirty days o <br /> receipt of t�e hearing request �y the Board/cornmiTtee, and with at ieast ten days prior writte <br /> notice to th offending Owner. If the ofiending Qwner faiis to request, or to appear at, #h <br /> hearing, the the right to a hearing shail be waived and the BoardJcommittee may take such <br /> action as it eems appropriate. Hearings shall be conducted in a fair and equitable manner. Th <br /> decision of he Board/committee and the rules for the conduct of,hearings established by th <br /> Board/com ittee, shall be final and binding on all parties. 1fie Board's/committee's decisio <br /> shall be deli ered in writing to the offending Owner within ten days following.the hearing, if no <br /> delivered to the offender at the hearing_ Any fines to be irnposed by the Association may, at th � <br /> Board's/Ca mittee'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, o interest imposed under this Section shall be a ]ien 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 /> sha{1 attach as of the date of imposition of the remedy, but shall not be final as to violations fo <br /> which a hea 'ng is held until the Board makes a written decision at or following the hearing. Al <br />•, remedies sh 11 be cumulative, and the exercise of, or failure to exercise, any remedy shall not b <br /> deemed a w �ver of the Association's right to pursue any other remedy. <br /> � ' <br /> 13.5 Costs of Proceedin� and Attornevs Fees. Wiih respect to any collectio <br /> measures, o any measures or actian, legal, administrative, or otherwise, which the Associatio <br /> takes to er�force the pmvisions of the Act, the Governing Documents, or the Rules an <br /> Regulations whether or not finally determined by a court or arbitrator, 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 ttse highest rate allowed by law) on th <br /> delinquent mounts owed to the Association•. Such expenses shall also include�ny collection o <br /> contingenc fees or costs charged to the Association by a collection ageney or other Perso <br /> acting on b half 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 persona <br /> obligation f the Owner and shall be a lien against the Owner's Unit. <br /> 13.6 Liabilitv for Acts of Ownecs and Qccupants. An Owner shal] be liable for th <br /> expense of y maintenance, repair, or replacement 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 e pense 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, resul ing from the Owner's acts or omissions may be assessed against the Owne <br /> responsible for the condition and against his or her Unit. <br /> MPLS-Word 95 !.I I 33 ' <br /> I <br />