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•1 • offendipg Owner, grant to the offending Owner a hearing as contemplated by the Act an this - Section, 13.3. The hearing may be held before the Board or a committee of three or more disinterested Owners appointed by the Board. The offending Owner shail be given notice f the . nature pf the violation and the right to a hearing, and at least ten days within which to req est a hearing. The hearing shall be scheduled by the Board/committee and held within thirty d ys of receipt of the hearing request hy the Boartl/commiTtee, and with at ieasi ten days prior w �tten notice to the otiending Owner. If the ofiending �wner faits to requesi, or to appear a�, the hearing, then the right to a hearing shall be waived and the Soard/committee may take such action as it deems appropriate. Hearings shall be conducted in a fair and et�uitabie manner. The � decision of the Board/committee and the rules for the conduct of hearings established b the Board/committee, shall be final and binding on alt parties. T`he Board's/committee's de ision shall be delivered in writing#o the offending Owner within ten days following.the hearing, f not delivered to the offender at the hearing. Any fines to be imposed by the Association rnay, t the � Board's/Committee's discretion,be ret�oactive to the date of the violation or offense. 13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, exp nses, penalties, or interest imposed under this Section shall be a lien against the Unit of the Ow er or Occupant against whom the same are imposed and the personal obligation of such Owner the same manner and with the same priority and effect as Assessments under Section 6. Th lien shall at2ach as of the date of imposition of the remedy, but shall not be final as to violatio s for which�hearing is held until the Board makes a written decision at or following the hearing All ' remedi�s shall be cumulative, and the exercise af, or failure to exercise, any remedy shall t be deemec�a waiver of the Association's right to pursue any other remedy. '13.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any coile�ction � measur�s, or any measures or action, legal, administrative, or otherwise, which the Associlation takes to enforce the provisions of the Act, the Governing Documents, or the Rule� and Regulations, whether or not finally determined by a court or arbitrator; the Association may � assess the Unit owned by the violator with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed b the , Association, reasonable attorneys' fees,and interest (at the highest rate aliowed by law) o the delinquent amounts owed to the Association•. Such expenses shall also include�ny collecti r�or contingency fees or costs charged to the Association by a collection ageney or other P rson acting an behalf of the Association in collecting any delinquent amounts owed to the Associ tion by an Owner or Occupant. Such collection or contingency fees or costs shall be the per onal obligation of the Owner and shall be a lien against the Owner's Unit. 13.6 Liability for Acts of Owners and Occupants. An Owner shall be liable f r the expens� of any maintenance, repair, or replacement of the Property rendered necessary by such Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit, to ihe tent that sueh expense is not covered by the proceeds of insurance carried by the Association or such Owner',or Occupant. However, any insurance deductible amount and/or increase in insu nce rates, nesulting from the Owner's acts or omissions may be assessed against the O ner respon ible for the condition and against his or her Unit. , i � MPLS-Wo�d 95281.1 l 33