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' . <br /> ,, . <br /> , • • <br /> offend%ng Owner, grant to the offending Owner a hearing as contemplated by the Act an�i �this • <br /> Sectio�p 13.3. The hearing may be held before the Soard or a committee of three or imore <br /> disinte�ested Owners appointed by the Board. The offending Owner shall be given notice f the <br /> nature pf ihe violation and the right to a hearing, and at least ten days within which to req est a <br /> hearing. The hearing shall be scheduled by the Board/committee and held within thirty d ys ot' <br /> � re�eipt'of the hearing r�quest by the Board/comm?ttee, and with at least ten days pFior ritten <br /> notice to the offending Owner_ lf the afiending Owner faiis to request, or to appear , the <br /> hearing, then the right to a hearing shall be waived and the Board/committee may take such <br /> action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner •7'he <br /> decision of the Board/committee and the rules for the conduct of hearings established y the <br /> Board/committee, shall be final and binding on al! parties. T7ie Board's/committee's de ision <br /> shall be delivered in writing to the offending Owner within ten days following.the hearing, if not <br /> delivered to the offender at the hearing. Any fines to be imposed by the Association may, t the � <br /> Board's/Committee's discretion,be retroactive to the date of the violation or offense. <br /> 13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, exp nses, <br /> penalties,or interest imposed under this Section shall be a lien against the Unit of the Ow er or <br /> Occup�nt against whom the same are imposed and the personal obiigation of such Owner n the <br /> same rhanner and with the same priority and effect as Assessments under Section 6. Th lien <br /> shall attach as of the date of imposition of the remedy, but shall not be finai as to violatio s for <br /> which�hearing is held until the Board makes a written decision at or following the hearin . All <br /> ' remediles shall be cumulative, and the exercise of, or failure to exercise, any remedy shall r�ot be <br /> deeme�i a waiver of the Association's right to pursue any other remedy. � � <br /> II 13.5 Costs of Proceedin� and _Attornevs' Fees. With respect to any coll ction <br /> measudes, or any measures or actian, 1ega1, administrative, or otherwise, which the Assoc ation <br /> takes to enforce the provisions of the Act, the Governing Documents, or the Rule and <br /> � Regulations, whether or not finally determined by a court or arbitrator, the Ass�ciatio may <br /> assess the Unit owned by the violator with any expenses incurred in connection with such <br /> enforcement, including without limitation fines or charges previously imposed b the <br /> Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) n the <br /> delinquent amounts owed to the Association•. Such expenses shall also include�ny collect'on or <br /> contingency fees or costs charged to the Association by a collection agency or other P rson <br /> acting an behalf of the Association in collecting any delinquent amounts owed to the Assoc ation <br /> by an Owner or Occupant. Such collection or contingency fees or costs shall be the pe onaI <br /> obligacion of the Owner and shall be a lien against the Owner's Unit. <br /> , 13.6 Liability for Acts of Owners and Occupants. An Owner shall be liable f r the <br /> expensie of any maintenance, repair, or replacement of the Property rendered necessary b such <br /> � Owner"s acts or omissions,and by that of Occupants or guests in the Owner's Unit,to the xtent <br /> that su�h expense is nat covered by the proceeds of insurance carried by the Association on such <br /> Owner, or Occupant. However, any insurance deductible amount andlor increase in insulrance <br /> rates, �esulting from the Owner's acts or omissions may be assessed against the wner <br /> responSible for the condition and against his or her Unit. <br /> MPLS-Word 95281.11 33 <br />