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•� <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 more <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 shall be scheduled by the Board/committee and held within thirty d s of <br /> receipt of the hearing re�uest by the Boartl/committee, and with at least ten days prior w "tten <br /> notice o the offending Qwner. If the ofiending Owner faiis to requesi, or to appear a , the <br /> hearing then the right to a hearing shaJl be waived and the Board/committee may take such <br /> action s it deems appropriate. Hearings shall be canducted 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. T'he Board's/comrnittee's dec'sion <br /> shall be delivered in writing#o the offending Owner within ten days following.the hearing, 'f not <br /> deliver d to the offender at the hearing_ Any frnes to be imposed by the Association may, t the � <br /> �oard' Committee's discretion,be retroactive to the date of the viotation or offense. <br /> 3.4 Lien for Assessments. Charges, Ete. Any Assessments, charges, fines, expe ses, <br /> penaltie ,or interest imposed under this Section shall be a lien against the Unit of the Own r or <br /> Occupa t against whom the same are imposed and the persona] obligation of such Owner i the <br /> same m nner and with the same priority and effect as Assessments under Section 6. The lien <br /> shall att ch as of the date of imposition of the remedy, but shall not be final as to violatian for <br /> which a hearing is held until the Board makes a written decision at or following the hearing. All <br /> ' remedie� shall be cumulative, and the exercise of, or failure to exercise, any remedy shall n t be <br /> deemed a waiver of the Association's right to pursue any other remedy. <br /> 3.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any colle ion <br /> measure , or any measures ar actian, legal, administrative, or otherwise, which the Associ ion <br /> takes t enforce the provisions of the Act, the Governing Documents, or the Rules and <br /> Regulati ns, whether or not finally determined by�a court or arbitrator, the Association ay <br /> assess t e Unit owned by the violator with any expenses incurred in eonnection with uch <br /> enforce ent, including without limitation fines or charges previously imposed by the , <br /> Associa 'on, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) on the <br /> delinque'�t amounts owed to the Association•. Such expenses shall also include�ny collectio or <br /> continge cy fees or costs charged to the Association by a collection agency or other Pe on <br /> acting a behalf of the Association in collecting any delinquent amounts owed to the Associa ion <br /> by an O ner or Occupant. Such collection or contingency fees or costs shall be the pers nal <br /> obligatio�n of the Owner and shall be a lien against the Owner's Unit. <br /> 1�3.6 Liability for Acts of Owners and Occupants. An Owner shall be liable for the <br /> expense �f any maintenance, repair, or replace�nent of the Property rendered necessary by s ch <br /> Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the ex ent <br /> that such expense is not covered by the proceeds of insurance carried by the Association or s ch <br /> Owner o� Occupant. However, any insurance deductible amount and/or increase in insura ce <br /> rates, re ulting from the Owner's acts or omissions may be assessed against the Ow er <br /> responsi le for the condition and against his or her Unit. <br /> MPLS-Word 5281.11 33 <br />