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•� ' . j .• • offending Owner, grant to the offending Owner a hearing as contemplated by the Act and.this � Section 13.3. The hearing may be held before the Soard or a committee of three or ore disinter�sted Owners appointed by the Board. The offending Owner shall be given notice o the nature of the violation and the right to a hearing, and at least ten days within which to requ st a hearing. The hearing shall be scheduled by the Board/committee and held within thirty da of receipt of the hearing request by the Board/commiTtee, and with ai ieast ten days prior w en notice td the offending Owner_ If the offending awner faiis to request, or to appear at, the hearing, then the right to a hearing shall be waived and the Board/committee may take uch action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. he � decision of the Board/committee and the rules for the conduct of hearings established by the Board/cc�mmittee, shall be final and binding on al! parties. 1fie Board's/committee's deci ion shall be delivered in writing to the offending Owner within ten days following.the hearing, i not delivered to the offender at the hearing. Any fines to be imposed by the Association may, at the . � Board's/�Committee's discretion,be retroactive to the date of the violation or offense. (3.4 Lien for Assessments, Char�es, Etc. Any Assessments, charges, fines, expen es, penalties, or interest imposed under this Section shall be a ]ien against the Unit of the Owne or Occupanit against whom the same are imposed and the personal obligation of such Owner in the same m�nner and with the same priority and effect as Assessments under Section 6. The ien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board makes a written decision at or following the hearing. All •. remedies shall be cumulative, and the exercise of,or failure to exercise, any remedy shall no be deemed�waiver of the Association's right to pursue any other remedy. 13.5 Costs of Proceeding and Attornevs' Fees_ With respect to any collec 'on measures, or any measures ar actian, legal, administrative, or otherwise, which the Associa �on takes to'enforce the provisions of the Act, the Governing Documents, or the Rules nd � Regulations, whether or not finally determined by a court or arbitrator, the Association ay assess the Unit owned by the violator with any expenses incurred in eonnection with s ch enforcerrxent, including without limitation fines ar charges previous(y imposed by he , Associat�on, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on he delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collectio or contingency fees or costs charged to the Association by a collection agency or other Per on acting on,behalf of the Association in collecting any delinquent amounts owed to the Associat on by an Ov�vner or Occupant. Such collection or contingency fees or eosts shall be the perso al obligation of the Owner and shall be a lien against the Owner's Unit. 13.6 Liability for Acts of Owners and Occupants. An Qwner shall be liable for he expense c�f any maintenance, repair, or replacement of the Property rendered necessary by s ch Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the ext nt that such expense is not covered by the proceeds of insurance carried by the Association or s ch Owner or Occupant. However, any insurance deductible amount and/or increase in insura ce rates, res�ulting from the Owner's acts or omissions may be assessed against the Ow er responsib9e for the condition and against his or her Unit. MPLS-W ord 91528!.I 1 3 3 I � � .