. 12.2.6.' Enter any Unit and restore any portions of the Cornrn.on Elernonts, Unit
<br />or Units, or Limited-Conunon Elements used, damaged or altered., or allowed to be used,
<br />damaged or altered, by any Owner or Occupant, or their invitees, in violation- of the
<br />Governing Documents, and to assess the cost of such restoration against the responsible
<br />Owners and their Units.
<br />12.2.7. Enter any Unit, Common Elements or Limited Common Elements in
<br />Which, or as to which, a violation or breach of the Governing Documents or the Rules
<br />exists which materially affects, or is likely to materially affect, the health or safety of the
<br />other Owners or Occupants, or their guests, -or the safety or soundness of any Unit or
<br />other part of the Property or the propel' of the Owners or Occupants.. The .Association
<br />may summarily abate, demolish and remove, at the expense. of the offending Owner or
<br />Occupant, any structure, thing or condition in the Unit, Common Elements or Limited.
<br />Common Elemonts which is causing the violation.; provided, that any Improvements
<br />which are a part of a Unit may be altered, demolished or removed only pursuant to a
<br />court order or with the agreement of the Owner.
<br />1228. Foreclose any lion arising under the provisions of 'the Governing
<br />Documents or under law, in the manner provided. by MCIOA. .
<br />12.3. lei hts to Hearin , Before the imposition of any of the remedies author" zed by
<br />Section 12.2.4, 12.2.5, 12.2.6 or 12.2.7, the Board shall, upon written request of the offender,
<br />grant to the offender an opportnity for a fair and equitable hearing as contemplated by MC10,A..
<br />The offender shall be given notice of the nature of the violation and the right to a hearing, and
<br />ten days withm which to request a hearing, The hearing shall be scheduled by the ' Board. and
<br />held within thirty days of receipt of the hearing request by the Board, and with at least ten days'
<br />prior written notice, to the offender. If the offender fails to timely request a hearing or to appear
<br />at the hearing, they the right to a heaning shall be waived and the Board may tale such action as
<br />it deems appropriate. The decision of the board and the rules for the conduct of hearings
<br />established by the Board shall be final and binding on all parties. The Board's decision shall be
<br />delivered in writing to the offender within ten days following the hearing, if not delivered to the
<br />offender at the hearing.
<br />12.4. Lien for Char es 1enalties Etc. Any charges, fines, expenses, penalties, interest
<br />or other impositions under this Section shall be a lien against the Unit of the Owner or Occupant
<br />against whore the samo are imposed and- the personal obligation of such Owner in the same
<br />wanner and with the same priority and effect as Assessments under Section 6. The lien sh al l
<br />attach as of the date of linposition of the remedy, but shall not be final as to violations. for which
<br />a hearing is held until the Board males a written decision at or following the hearing. All
<br />remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
<br />deemed a waiver of the Association's right to pursue any others,
<br />12.5, Costs and Tees. with respect to any collection measures, or any moasures or
<br />action, legal, administrative or otherwise, which the Association tales pursuant to the provisions
<br />of MCIOA., Governing Documents or Rules, wbether or not. -nally deterrmned by a court or
<br />arbitrator, the Association "may assess the Unit owned by the violator with any expanses incurred.
<br />in connection with such.' enforcement, including without limitation . fines or charges previously
<br />imposed by the Association., reasonable attorneys' fees, and other professional fees, costs and
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