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a� � <br /> � � ' <br /> offending Owner, grant to the offending Owner a hearing as contemplated by the Act and.this • <br /> Section 13.3. The hearing may be held before the Board or a committee of three or more <br /> disinterested Owners appointed by the Board. The offending Owner shall be given notice of ihe <br /> nature of the violation and the right to a hearing, and at least ten days within which to request a <br /> hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of <br /> receipt of the hearing r�quest by the Board/comm?ttee, and wiih at least ten days prior wriiten <br /> notice to the offending Owner_ If the ofiending Owner faits to request, or to appear at, 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. T'he <br /> decision of the Board/committee and the rules for the conduct of,hearings established by the <br /> Board/committee, shall be final and bindin� on alt parties. �'he Board's/committee's decision <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, at the. � <br /> Board's/Committee's discretion,be retroactive to the date of the violation or offense, <br /> 13.4 Lien for Assessments, Char e� s Etc Any Assessments, charges, fines, expenses, <br /> penalties, or interest imposed under this Section shall be a ]ien against the Unit of the Owner or <br /> Occupant against whom the same are imposed and the personal obligation of such Owner in the <br /> same manner and with the same priority and effect as Assessments under Section 6. The lien <br /> shall attach as of the date of imposition of the remedy, but shali not be final as to violations for <br /> which a hearing is held until the Board makes a written decision at or following the hearing. All <br /> ': remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shail not be <br /> deemed a waiver of the Association's right to pursue any other remedy. . <br /> 13.5 Costs of Proceedine and Attornevs' Fees_ With respect to any eollection <br /> measures, or any measures or actian, legal, administrative, or otherwise, which the Association <br /> takes to enforce the provisions of the Act, the Governing Documents, or the Rules and <br /> Regulations, whether or not finally determined by a court or arbitrator, the Association may <br /> assess the Unit owned by the violator with any expenses incurred in eonnection with such <br /> enforcement, including without limitation fines or charges previously imposed by the <br /> Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the <br /> delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collection or <br /> contingency fees or costs charged to the Association by a collection agency or other Person <br /> acting on behalf of the Association in collecting any delinquent amounts owed to the Association <br /> by an Owner or Occupant. Such collection or contingency fees or costs sha]1 be the personal <br /> obligation 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 for the ' <br /> expense of any maintenance; repair, or replace�nent of the Property rendered necessary by such <br /> Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the extent <br /> that such expense is not covered by the proceeds of insurance carried by the Association or such <br /> Owner or Occupant. However, any insurance deductibte amount and/or increase in insurance <br /> rates, resulting from the Owner's acts or omissions may be assessed against th� Owner <br /> responsible for the condition and against his or her Unit. <br /> MPLS-Word 95287.11 33 <br />