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09�26J20D8 13:�4 <br />, , .t <br />(�A}�)65769�2693 P.028lQ34 <br />Attachment D <br />which is causing �ie violation; provided, that any i�npzovements which are a part <br />of a Dwelling may be altered, removed or d�molished only pursuant to a court <br />order or with the a�reement of the Owner. <br />14.2.$ Foreclose any �ien arising under the provisians of the Governing <br />Documents or under law, in, -tb:e rna.nt�er provided by the Govertung Documents. <br />14.3 Rights _to Hearing. Before the imposition of anX of ihe remedies <br />authorized by Sections 14.2.4, 14.2.5; 14.2.6 or 14.2.7, the Board shall, �pon written <br />reqiiest of Yhe offeuder, grant t� the offender an opportunity %r a fair and equitabie <br />heat-�ng before the Board as. contem��ated by the Act. 'ilie offender shall be given no�ice <br />of �lae nature af the �viola�ion and tlze right to a hearing, and ten days within which to <br />request a he�in�. T}ie Ihearing shall be scheduled by t1�e Board and held within thirty <br />days of receipt of the hearing request by the Board, and with at least ten days' prior <br />writt�n notice �o the offentler. Iithe offender fails to #imely request a hearzng or �o apgear <br />at the hearing., then tI�e right to a hearing shall be deern.ed waived and the Board may take <br />such actia� as it deems appropriate. The decis�on of the Board and the rules for the <br />conduct of hearings established by the Baard shall be finaI and binding on all parties. TJ�e <br />Board's decision shall be delivered �z wri�ing to the offender within ten days following <br />the hearing, if not deiivered to the affendez at the hearing. <br />14�_4 Lien for Char�es, Penalties. Etc. AlI cha.rges, �es, expenses, penalties, <br />in#erest or other i�r�positions imder tlus Sectian shatl be a Iien against the Unit of the <br />Owner or Occupant against wl�om fhe s�e are 'rmgosed a.nd the personal obligatian of <br />s�cb. Ov,+�er in fhe same manner and with the same priority and effect as Assessments <br />under Section 6. '�`he lien sl�aIl attach as of the date of impositian of the reanedy, bui shall <br />not be final as to vialations for whic� a hearing is heid until the Board �akes a written. <br />decision at or following Yhe hearing. All re�iedies shall be cumuIa�ive, and the exerci�e <br />of, or failure to exercise, any remedy shall not be deerm.ed a�vaiver of the Association's <br />rig�it to pursue any others. <br />14S Costs of Proceeding and Attome�s' Fees. Wifh respect to any colleetian <br />measures, or any other measure ar action, Iegal, administra��e or otherwise, which the <br />Association takes pursuant to fihe provis'rons of the Act, Gavez�ning Documenis or Rufes <br />and Regula�ions, whether or nof finatly c�eiex�mined bq a court or arbitraior, the <br />Association �ay assess the Unit owned by the violator with any expenses incurrred in <br />conuection with such enfor�ement, including without limitation fines or eh�ges <br />previausly i�nposed by the Associa�ion, reasonable attorr�eys' and oiher professianai fees, <br />and interest (at the highes� rate allowed hy iaw) an the delinquent amotants �wed to the <br />Association. Sucb expenses s�a.11 also include any collectian ar contingency fees or costs <br />charged to the Associatian by a coltect�on agency or other Person acting on behalf of tl�e <br />Associat�on in collecting any delinquent amounts owed t� the Association by an Qwner <br />or Occupant. Such collection or coniingency fees ox costs shall be the personal obli.gation <br />of fhe Owner of the Unit and shalI be a lien a�a�st suel� Or�ner's Ur�it. <br />27 <br />