pf_03123 - Laserfiche WebLink

Home

'. 1.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief m any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof. c. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Elements amenities; provided, that this limitation shall not apply to any deck, balcony, or patio easements, appurtenant to the Lot, and those portions of the Common Elements providing utilities service and access to the Lot. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents and to assess the cost of such restoration against the responsible Owners and their Lots. g. Restore any portions of the Common Elements damaged or altered or allowed to be damaged or altered by any Owner or Occupant or their guests in violation of the Governing Documents and to assess the cost of such restoration against the responsible Owners and their Lots. 1.3 Rie.hts to Hearine.. In the case of imposition of any of the remedies authorized by this Article and Article V, VIII and XV of this Declaration, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act, the offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within 30 days of receipt of the hearing request by the Board, and with at least 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 decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within to days following 17