Laserfiche WebLink
i . , <br /> offending Owner, grant to the offending Owner a hearing as contempiated by the Act and .t is • <br /> Section 13.3. The hearing may be held before the Board or a committee of three or m re <br /> disinterestied Owners appainted by the Board. The offending Owner shaEl be given notice of e , <br /> nature of the violation and the right to a hearing, and at least ten days within which to reques a <br /> hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of <br /> receipt of the hearing re�uest by the Boartllcommittee, and with at ieast ten days prior wrirt t� <br /> notice to Ithe offending Owner. lf the afiending Owner faiIs to requesc, or to appear at, t e <br /> hearing, then the right to a hearing shall be waived and the BoardJcommittee may take su h <br /> action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. T e <br /> decision of the Board/committee and the rules for the conduct of hearings established by e <br /> Board/cor�mittee, shall be final and binding on all parties. 1fie Baard's/committee's decisi�n <br /> shall be dclivered in writing io the offending Owner within ten days following.the hearing, if ot <br /> delivered to ihe offender at the hearing. Any fines to be imposed by the Association may, at t e � <br /> Board'slCommittee's discretion,be retroactive to the date of the violation or offense. <br /> 131.4 Lien for Assessments, Charees, Etc. Any Assessments, charges, fines, expens s, <br /> penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner r <br /> Occupant against whom the same are imposed and the personal obligation of such Owner in t e <br /> same manlner and with the same priority and effect as Assessments under Section 6. The li�n <br /> shall attach as of the date of imposition of the remedy, but shall not be final as to violations r <br /> which a hearing is held until the Board makes a written decision at or following the hearing. 11 <br />' remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall noE e <br /> deemed a Iwaiver of the Association's right to pursue any other remedy. . <br /> 13.5 Costs of Proceedin� and Attornevs' Fees. With respect to any collecti n <br /> measures,,or any measures or actian, legal, administrative, or otherwise, which the Associati n <br /> takes to �nforce the provisions of the Act, the Governing Documents, or the Rules a d <br /> Regulations, whether or not finally determined by a court or arbitrator, the Association m y � <br /> assess the Unit owned by the violator with any expenses incurred in connection with su h <br /> enforcement, including without limitation fines or charges previously imposed by t e , <br /> Associatia'n, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on t e <br /> delinquent amounts owed to the Association�. Such expenses shall also include�ny collectior� r <br /> cantingency fees or costs charged to the Association by a collection agency or other Pers n <br /> acting an behalf of the Association in collecting any delinquent amounts owed to the Associati n <br /> by an Ow�er ar Occupant. Such collection or contingency fees or costs shall be the person 1 <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 t e <br /> espense o�'any maintenance, repair, or replacement of the Property rendered necessary by su h <br /> Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the exte t <br /> that such expense is not covered by the proceeds of insurance carried by the Association or su h <br /> Owner or Occupant. However, any insurance deductible amount and/or increase in insuran e <br /> rates, resu�lting from the Owner's acts or omissions may be assessed against the Own r <br /> responsible for the condition and against his or her Unit. <br /> MPLS-Word 95I 81.1 I 33 <br />