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,� . <br /> , . <br /> offendin Owner, grant to the offending Owner a hearing as contemplated by the Act and �his � <br /> Section �3.3. The hearing may be held before the $oard or a committee of three or re <br /> disintere 'ed Owners appointed by the Board_ The offending Owner shall be given notice of the <br /> nature of�the violation and the right to a hearing, and at least ten days within which to reque t a <br /> heanng. The hearmg shall be scheduled by the Board/committee and held within thirty day of <br /> receipt o the hearing request by the Baard/comsnittee, and with at leasi ten day"s prior v�ri en <br /> notice to the offending Owner. If the ofiending Gwner faiis to request, or to appear at, he <br /> hearing, en the right to a hearing shall be waived and the Board/cammittee may take s ch <br /> action as t deems appropriate. Hearings shall be conducted in a fair and equitable manner. e <br /> decision f the BoardJcommittee and the rules for the conduct of hearings established by e <br /> Boardlco mittee, shall be final and binding on alt parties. The Baard's/committee's decis on <br /> shall be d�elivered in writing#o the offending Owner within ten days following.the hearing, if ot I <br /> delivered'Ito the offender at the hearing_ Any fines to be imposed.by the Association may, at�he � <br /> Board's/Qommittee's discretion,be retroactive to the date of the violation or offense. <br /> 1 .4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses, <br /> penalties�or interest imposed under this Section shall be a lien against the Unit of the Owner or <br /> Occupant'against whom the sarne are imposed and the personal obligation of such Owner in he <br /> same ma ner and with the same priority and effect as Assessments under Section 6. The 1 en <br /> shall atta h as of the date of imposition of the remedy, but shal! not be final as to violations or <br /> which a h aring is held until the Board makes a written decision at or following the hearing. 11 <br />' remedies hall be cumulative, and the exercise of, or failure to exercise, any remedy sha31 not be <br /> deemed a waiver of the Association's right to pursue any other remedy. � <br /> 13.5 Costs of Proceedin� and Attornevs' Fees_ With respect [o any collecti n <br /> measures, or any measures or actian, legal, administrative, or otherwise, which the AssQciati�n <br /> takes to enforce the provisions of the Act, the Governing Documents, or the Rules a d <br /> Regulat�o s, whether or not finally determined by a court or arbitrator, the Association y <br /> assess th Unit owned by the violator with any expenses incurred in connection with s h <br /> enfarcem nt, including without limitation fines or charges previously imposed by e , <br /> Associati n, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on t e <br /> delinquen�amounts owed to the Associafion•. Such expenses shall also include�ny collection or <br /> contingen y fees or costs charged to the Association by a collection agency or other Pers n <br /> acting an ehalf of the Association in collecting any delinquent amounts owed to the Associati n <br /> by an O er or Occupant. Such collection or contingency fees or costs shall be the perso al <br /> obligation of the Owner and shall be a lien against the Owner's Unit. <br /> 13'6 Liabilitv for Acts of Owners and Occupants. An Owner shall be liable for t�e <br /> expense o�any maintenance, repair, or replacement of the Property rendered necessary by su�h <br /> Owner's ts or omissions, and by that of Occupants or guests in the Owner's Unit, to the ext t <br /> that such �xpense is not covered hy the proceeds of insurance carried by the Association or su h <br /> Owner or,Occupant. However, any insurance deductible amount and/or increase in insuran e <br /> rates, res Iting from the Owner's acts or omissions may be assessed against the Ow r <br /> responsib�for the condition and against his or her Unit. <br /> MPLS-Word 9�28l.I 1 <br /> 33 <br />