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<br />t the hearing, if not delivered to the offender at the hearing. <br />1.4 Lien for Char2es, Penalties, Etc. Any assessments, charges, fines, <br />penalties or interest imposed under this Section shall be a lien against the Lot of the Owner <br />or Occupant against whom the same are imposed and the personal obligation of such Owner <br />in the same manner and with the same priority and effect as assessments under Article V. <br />The lien shall attach as of the date of imposition of the remedy, but shall not be final as to <br />violations for which a hearing is held until the Board gives written notice following the <br />hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any <br />remedy shall not be deemed a waiver of the right to pursue any others. <br /> <br />I.S Costs of Proceedin2 and Attornevs Fees. With respect to any collection <br />measures, or any measures or action, legal, administrative, or otherwise, which the Association <br />takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, <br />whether or not finally determined by a court or arbitrator, the Association may assess the <br />violator and his or her Lot with any expenses incurred in connection with such enforcement, <br />including without limitation fines or charges previously imposed by the Association, reasonable <br />attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts <br />owed to the Association. <br /> <br />1.6 Liability for Owners' and Occupants' Acts. Any Owner shall be liable <br />for the expense of any maintenance, repair or replacement of the Property rendered necessary <br />by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Lot, to <br />the extent that such expense is not covered by the proceeds of insurance carried by the <br />Association or such Owner or Occupant. However, any insurance deductible amount and/or <br />increase in insurance rates, resulting from the Owner's acts or omissions may be assessed <br />against the Owner responsible for the condition and against his or her Lot. <br /> <br />1.7 Enforcement bv Owners. The provisions of this Article shall not limit <br />or impair the independent rights of other Owners to enforce the provisions of the Governing <br />Documents, the Rules and Regulations, and the Act as provided therein. <br /> <br />Section 2. Access. Solely for the purpose of performing the maintenance <br />authorized by this Declaration, the Association, or its duly authorized agents or employees, <br />shall have the right, after reasonable notice to the Owner, to enter upon any Lot and into any <br />building located on a Lot for the purpose of performing the maintenance required or permitted <br />by this Declaration. <br /> <br />Section 3. Severability. The invalidation of anyone of these covenants or <br />restrictions by legislation, judgment or Court Order shall in no way affect any other provision <br />which shall remain in full force and effect. <br /> <br />Section 4. Amendments. This Declaration may be amended by the consent <br />of (i) Owners of Lots to which are allocated at least 67% 'of the votes in the Association, (ii) <br />the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned) <br />required by Article XVI as to the matters prescribed by said Article (iii) the consent of the <br />Declarant to certain Amendments as provided in Article XIV. Consent of the Owners may <br />be obtained in writing or at a meeting of the Association duly held in accordance with the <br />By-Laws. Consents of Eligible Mortgagees and Declarants shall be in writing. Any <br />amendment shall be subject to any greater requirements imposed by the Act. The Amendment <br />shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the <br />Association as to the outcome of the vote, or the execution of the foregoing agreements or <br />consents shall be adequate evidence thereof for all purposes, including without limitation, the <br />filing of the amendment. <br /> <br />18 <br />