Condominium declaration - Laserfiche WebLink

Home Browse Search

a� � �� • 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 Board or a commiitee of three or more disinterested Owners appointed by the Board. The offending Owner shall be given notice of the nature of the violation and the right to a hearing, and at least ten days within which to request a hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of receipt of the hearing request by the Board/committee, and with at least ten days prior written notice to the offending Owner. lf tl�e ofiending Owner faiis to request, or to appear at, ihe hearing, then the right to a hearing shall be waived and the Board/committee may take such action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. Ttse decision of the Board/committee and the rules for the conduct of hearings established by the Board/committee, shall be final and bindin� on all parties. T'he Board'slcomrnittee's decision shail be delivered in writing to the t�ffending Owner within ten days following the hearing, if 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 ta the date of the violation or offense. 13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, expenses, penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be finai 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 sha31 not be deemed a waiver of the Association's right to pursue any other remedy. . 13.5 Costs of Proceedine and Attorneys' Fees_ With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, the Governing Documents, or the Rules 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 eonnection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) on the delinquent amounts owed to the Association: Such expenses shall also include�ny collection or contingency fees ar costs charged to the Association by a collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association by an Owner or Occupant. Such collection or c�ntingency fees or costs shall be the personal obligation of the Owner and shall be a lien against the Owner's Unit. 13.6 Liabilitv for Acts of Owners and Occupants. An Owner shall be liable for the � expense of any maintenance; repair, or replace�nent 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 the extent that such 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 insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. MPLS-Word 9528l.I I 33