2019-05-22 CC Packet - Laserfiche WebLink

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mortgages by action or under a power of sale in the state where the Property is located. 13.3 Right to Hearing. In the event any of the remedies described in Section 13.2.d., e., or f. are imposed by the Association, the offender shall be given notice which states the nature of the violation, the right to a hearing, and shall be granted at least ten (10) days within which to request, in writing, a hearing. Upon written request of the offender, the Board shall grant to the offender a fair and equitable hearing. The hearing shall be scheduled by the Board and held no more than thirty (30) days after receipt by the Board of the hearing request, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing, then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The Board's decision shall be delivered in writing to the offender no more than ten (10) days following the hearing, if not delivered to the offender at the hearing. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. 13.4 Lien for Charges, Penalties, Etc. Any Assessments, charges, fines, penalties or interest imposed under this Section 13 shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessment liens under Section 6. A lien imposed under this Section 13 shall attach to the Unit as of the date such remedy is imposed, but shall not be determined to be final, as to violations for which a hearing is held, until the Board delivers its written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 13.5 Costs of Proceeding and Attorneys Fees. With respect to any collection measures, or any measures or action, legal administration, or otherwise, which the Association takes to enforce the provisions of the Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation, fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 13.6 Liability for Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from 31 Version for Council 05/22/2019