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. f <br /> . � ; <br /> offending Owner, grant to the offending Owner a hearing as contemplated by the Act and �t is � <br /> Section 13.3. The hearing may be held before the Soard or a committee of three or m re <br /> disinterested Owners appointed by the Board_ The offending Owner shaIl be given notice of he . <br /> nature of the violation and the right to a hearing, and at least ten days wiihin which to reque a <br /> hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of <br /> receipt of the hearing request �y the Board/committee, and �xitk at least ten days prior wri en <br /> notice to I,the offending Owner_ If the afiending Owner faiis to request, or to appear at, he <br /> hearing, then the right to a hearng shall be waived and the Board/committee may take s ch <br /> action as it deems appropriate. Hearings shall be conducted in a fair and equitabie manner. tse <br /> decision of the Board/committee and the rules for the conduct of hearings established by e <br /> Board/committee, shall be final and binding on ali parties. The Board's/committee's decisipn <br /> shall be delivered in writing to the offending Owner within ten days following.the hearing, if ot I <br /> delivered to the offender at the hearing. �4ny fines to be imposed by the Association may, at e � <br /> Board's/Committee's discretion,be retroactive to the date of the violation or offense. <br /> 13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, expens s, <br /> penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner or <br /> Occupant against whom the same are imposed and the personal obligation of such Owner in e <br /> same mariner and with the same priority and effect as Assessments under Section 6. The li n <br /> sha31 attach as of the date of imposition of the remedy, but shall not be finai as to violations or <br /> which a hearing is held until the Board makes a written decision at or following the hearing. 11 <br /> ' remedies Shall be cumulative, and the exercise of, or failure to exercise, any remedy shal] not e <br /> deemed a,�vaiver of the Association's right to pursue any other remedy. . <br /> 13.5 Costs of Proceeding and Attornevs' Fees. With respect to any eollecti n � <br /> measures, or any measures or actian, legal, administrative, or otherwise, which the Associati n <br /> takes to enforce the provisions of the Act, the Governing Documents, or the Rules a d <br /> Regulations, whether or not finally determined by a court or arbitrator, the Association m y � <br /> assess the Unit owned by the violator with any expenses incurred in connection with su h <br /> enforcement, including without limitation fines or charges previously imposed by t e . <br /> Associatiqn, reasonable attomeys' fees, and interest (at the highest rate aliowed by law) on t e <br /> delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collectior� r <br /> contingency fees or costs charged to the Association by a collection agency or other Pers n <br /> acting on behalf of the Association in collecting any delinquent atnounts owed to the Associati n <br /> by an �w!ner or Occupant. Such collection or contingency fees or costs shall be the perso al <br /> obligation of the Owner and shall be a lien agains[the Owner's Unit. <br /> ]3,6 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 acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the exte t <br /> that such expense is not covered by 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�plting from the Owner's acts or omissions may be assessed against the Own r <br /> responsible for the condition and against his or her Unit. <br /> MPLS-Word 9S281.11 33 <br />