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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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by the Board and held within thirty (30) days of receipt of the hearing request by <br /> the Board, and with at least ten (10) days prior written notice to the offender. If <br /> the offending Owner fails to appear at the hearing then the right to a hearing shall <br /> be waived and the Board may take such action as it deems appropriate. The <br /> decision of the Board and the rules for the conduct of hearings established by the <br /> Board shall be final and binding on all parties. The Board's decision shall be <br /> delivered in writing to the offender within ten (10) days following the hearing, if <br /> not delivered to the offender at the hearing. <br /> 13.4 Lien for Charges, Penalties, Etc. Any assessments, charges, fines, penalties or <br /> interest imposed under this Section shall be a lien against the Unit of the Owner <br /> or Occupant against whom the same are imposed and the personal obligation of <br /> such Owner in the same manner and with the same priority and effect as <br /> assessments under Section 6. The lien shall attach as of the date of imposition of <br /> the remedy, but shall not be final as to violations for which a hearing is held until <br /> the Board gives written notice following the hearing. All remedies shall be <br /> cumulative, and the exercise of, or failure to exercise, any remedy shall not be <br /> deemed a waiver of the right to pursue any others. <br /> 13.5 Costs of Proceeding and Attorneys Fees. With respect to any collection <br /> measures, or any measures or action, legal administration, or otherwise, which the <br /> Association takes to enforce the provisions of the Governing Documents or Rules <br /> and Regulations, whether or not finally determined by a court or arbitrator, the <br /> Association may assess the violator and his or her Unit with any expenses <br /> incurred in connection with such enforcement, including without limitation fines <br /> or charges previously imposed by the Association, reasonable attorneys' fees, and <br /> interest (at the highest rate allowed by law) on the delinquent amounts owed to <br /> the Association. <br /> 13.6 Liability for Owners' and Occupants' Acts. An Owner shall be liable for the <br /> expense of any maintenance, repair or replacement of the Property rendered <br /> necessary by such Owner's acts or omissions, or by that of Occupants or guests in <br /> the Owner's Unit, to the extent that such expense is not covered by the proceeds <br /> of insurance carried by the Association or such Owner or Occupant. However, <br /> any insurance deductible amount and/or increase in insurance rates, resulting from <br /> the Owner's acts or omissions may be assessed against the Owner responsible for <br /> the condition and against his or her Unit. <br /> 13.7 Enforcement by Owners. The provisions of this Section shall not limit or impair <br /> the independent rights of other Owners to enforce the provisions of the Governing <br /> Documents, the Rules and Regulations, as provided therein. <br /> 30 <br /> 022818 <br />
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