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2670 Kelley Parkway - 33-118-23-12-0074 Unit #306
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Condominium Declaration
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Last modified
8/22/2023 4:46:34 PM
Creation date
3/24/2017 11:54:12 AM
Metadata
Fields
Template:
x Address Old
House Number
2670
Street Name
Kelley
Street Type
Parkway
Address
2670 Kelley Parkway
Document Type
Misc
PIN
3311823120074
Supplemental fields
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Updated
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I <br /> offending Owner, grant to the affending Owner a hearing as contemplated by the Act and �th s � <br /> Section 133. The hearing may be held before the Soard or a committee of three or mo e <br /> disinterest�d Owners appointed by the Board. The offending Owner shail be given notice of t e . <br /> nature of t e 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 f <br /> receipt of the hearing requ�st by the Board/committee, and with at least ten days prior writt n <br /> notice to t�e ofiending Owner_ If the oriending Owner faiis to request, or to appear at, t e <br /> hearing, thlen the right to a hearing st-�all be waived and the Board/cammittee may take sv h <br /> action as it deems appropriate. Hearings shall be conducted in a fair and equitabie manner. T e <br /> decision of the Board/committee and the rules for the conduct of hearings established by e <br /> Board/corr�mittee, shall be final and binding on al! parties. 1fie $oard's/c�mmittee's decisi n <br /> shall be de�livered in writing to the offending Owner within ten days following.the hearing, if n t <br /> delivered to the offender at the hearing. Any fines to be imposed by the Association may, at t � � <br /> Board's/Committee's discretion,be retroactive to the date of the vio(ation or offense, <br /> 13.I'�4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expens , <br /> penalties, or interest imposed under this Section shail be a lien against the Unit of the Owner r <br /> Occupant against whom the sarne are imposed and the personal obligation of such Owner in t e <br /> same man}'er and with the same priority and effect as Assessments under Section 6. The li n <br /> shail attach as of the date of imposition of the remedy, but shall not be fina4 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 not e <br /> deemed a�,�vaiver 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 fnforce the provisions of the Act, the Governing Documents, or the Rules a d <br /> Regulatio�;hs, 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, inciuding without limitation fines or charges previously imposed by t e , <br /> Associati n, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on t e <br /> delinquen�amounts owed to the Association•. Such expenses shall also include�ny collectior� r <br /> contingency fees or costs charged to the Association by a collection agency or other Pers n <br /> acting on behalf of the Association in collecting any delinquent amounts owed to the Associati n , <br /> by an Ovv�ner or Occupant. Such collection or contingency fees or costs shall be the perso al <br /> obligation of the Owner and shall be a lien against the Owner's Unit. <br /> ]3.6 LiabilitY for Acts of Owners and Occupar►ts. An �wner shall be liable for t e <br /> expense o�f any maintenance, repair, or replacement of the Property rendered necessary by su h <br /> � Owner's �cts or omissions,and by that of Occupants or guests in the Owner's Unit,to the ext nt <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 deduetible amount and/or increase in insuran e <br /> rates, res�ilting from the Owner's acts or omissions may be assessed against the Ow er <br /> respons�b�e for the condition and against his or her Unit. <br /> MPLS-Word�5281.1 f 33 I <br />
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