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. 1~.~•b.. inter any C.Tnit and restore any pardons of the Camrnan Elelne~nts, Unit
<br />or CJnits, or Limited Common l~lernents used, damaged. ar altered, ar allowed to be used,
<br />damaged. or altered, by any Owner at~ Occupant, oI* their invitees, in violation. of the
<br />Governing Documents, and to assess doe cost of such restoration agz~inst tie respa~asible
<br />Owners and their lJni~s,
<br />. 1~.2.~~ inter any Unit, Common .dements ar Limited. Con~man Elements in
<br />~hicl~, or as to which, a violation or breach of the ~rQVerning Dac~~Inents or the Rules
<br />exists which materially affects, or is lil~ely to materially affect, the health ar safety of the
<br />other Owners or Occ~xpants, ar their guests, ~ ar the safety ar soundness of any Unit or ,
<br />. other park of the property or the p~•operty of the Owners or Occupants, .The AssaGiation
<br />may surnnaarily abate, demolish and remove, at the expense, of the offending Owner or
<br />~GCUpant, any structure, thing or condition in the Unit, Cam~n.on dements or Limited.
<br />Conanaon .~lexnents which is causing tie violation; provided, that and improvements
<br />. which are a part of a l~nit may be altered., demalishec~ oar removed. only pursuant to a
<br />court artier or with the agreement of the Owner,
<br />~~.~~8• poreclose any lien arising wider the pra~'isians of ~ the Governing
<br />Documents ar under law, in the manner provided. by l~ClOA, . .
<br />,1~,3, ~.ghts to, ~e.n~, before the in~pasition of any of tlae remedies authorized by
<br />section 1~.~.4, 12.x.5, 1~.2,b or ~~.Z,7, the ~nard shall, upon. written request of ~e offender,
<br />grant to the offender an oppor~.uaity for a fair and. equitable hearing as contemplated by MC~OA,
<br />The offender shall be given notice o:~ the nature of the violation anal the right to a hearlaa~g, and
<br />ten days with. ~rhich tQ request a heat•i.ng, The hearing shall .ha scheduled by the ~ Board and.
<br />held. v~ithin thirty days of receipt of the hearing request by the ward, and with at least ten days'
<br />prior written notice, to the affende~•, ~f the offender .fails to timely request a Searing or to appear
<br />at the hearing, then the rig~it to a hea~•ing shall be waived and the ward may tape such action as
<br />it deems appropriate The decision of the ward and the rules far the conduct of hearings
<br />established by the l~aard shall be final and binding on all parties. The board's decision shall be
<br />delivered in writing to the offender vcrithin ten. clays following the hearing, if not delivered to the
<br />offender at the hearing.
<br />12.4. Lien for Chax es penalties Etc. Any charges, fines, experi~es, penalties, interest .
<br />ar other in~positio~s under dais ~ectian shall be a lien against the Unit of the Owne~• or Occupant .
<br />against ~rhom the same are xmpnsed and the personal obligation. of such O~vn.cr in the same
<br />rnar~ner and Frith the same priority and effect as Assessments ~.nder_Section b• The lion skull .
<br />. attach as of the date of imposition of the remedy, but shall not be f i.nal as to violations, far which
<br />a hearing is held until the $oard malaes a written decision at ar fallowing the hearing. AlI
<br />remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
<br />deemed a ~raiver of the Assaciati.on's right to pursue any others,
<br />1Z.5, Costs and .l~'ees, with respect to any collection rnea.sures, or any rn.ea.sures or
<br />action, legal, administrative or othervcrise, which the ~.ssoclatlon takes pl~rsraant to the provisions
<br />of I~C~OA, ~averning Documents ar pules; whether ar not, finally determined. by a court or
<br />arbitrator, the Associatipn~may assess the unit owned. by tha viala.tor with any expenses incurxed
<br />~. connection with such' cnfarcc~nent, including without limitation ~ fines ar charges previously
<br />imposed by the Association, reasonable attorneys' fees, and other professional fees, costs and
<br />MPS-Ward 202I 80.3 ~ ~
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