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. .' , . _ i . . . . . .. .. , . . _ . . ,, offendin� Owner, grant to the offending Owner a hearing as contemplated by the Act and� is � Section L3.3. The hearing may be held before the Board or a committee of three or m re disinterested Owners appointed by the Board. The.offending Owner shail be given notice of he . nature of the violation and the right to a hearing, and at least ten days within which to reque t a hearing. I�The hearing shall be scheduled by the Boardlcommittee and held within thirty day of rec�ipt of the hearing re�u�st by the Boartllcorn.mittee, and with at least ten days prior wri et� notice to the �riending Ovvner. If the ofiending �wner faiis to request, or to appear at, he hearing, then the right to a hearing shall be waived and the Board/cammittee may take s• ch action as lit 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 e Board/committee, shall be final and binding on all parties_ T'he Board's/committee's decis on shall be delivered in writing to the offending Owner within ten days following.the hearing, if ot delivered'�to the offender at the hearing. Any fines to be imposed by the Association may, at he � Board's/�ommittee's discretion,be retroactive to the date of the violation or offense. 13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expen es, penalties; or interest imposed under this Section shall be a lien against the Unit of the OwneC or Occupan�against whom the same are imposed and the personal obligation of such Owner in he same manner and with the same priority and effect as Assessments under Section 6. The I'en shail attach as of the date of imposition of the remedy, but shall not be final as to violations for which a I�earing is held until the Board makes a written decision at or following the hearing. 11 ' remedies'shall be cumulative, and the exercise of, or failure to exercise, any remedy shall no be deemed a waiver of the Association's right to pursue any other remedy. . 1�.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any collec on � measure , or any measures or 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 tl�e Unit owned by the violator with any expenses incurred in eonnection with s�ch enforcement, inciuding without limitation fines or charges previously imposed by the , Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on the delinquent amounts owed to the Association�. Snch expenses shall also include�ny collectio or cantinge cy fees or costs charged to ihe Association by a collection agency or other Per on acting a�behalf of the Association in collecting any delinquent amounts owed to the Associa ion by an Owner or Occupant. Such collection or contingency fees or costs sha11 be the pers nal 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 s ch Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the ex ent that suct��expense is not covered by the proceeds of insurance carried by the Association or s�ch Owner oi Occupant. However, any insurance deductible amount and/or increase in insura ee rates, resulting from the Owner's acts or omissions may be assessed against the O ner responsible for the condition and against his or her Unit. MPLS-Word 95281.I I 33 I I