2017.04.17 CC Packet - Laserfiche WebLink

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Member may be accelerated by the Master Association, and shall then be payable in full together with all late charges, attorney's fees and other professional fees and costs. Ten (10) days' advance written notice of the acceleration shall be given to the defaulting Member. 11.2.5 Impose reasonable fines, penalties or charges for each violation of the Master Governing Documents, the Design Guidelines or MCIOA. 11.2.6 Suspend the rights of any Owner or Occupant and their guests to use any Master Common Element amenities; provided, that the suspension of use rights shall not apply to those portions of the Master Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Master Governing Documents or the Governing Documents, and for up to one year thereafter, for each violation. 11.2.7 Restore any portions of the Master Common Elements or other portions of the Property, damaged or altered, or allowed to be damaged or altered, by any Member or Owner or Occupant or their guests in violation of the Master Governing Documents, and to assess the cost of such restoration against the responsible Member or Owner. 11.3 Rights to Hearing. Before the imposition of any of the remedies authorized by Sections 11.2.5, 11.2.6 and 11.2.7, the Master Board shall, upon written request of the offender, grant to the offender an opportunity for a fair and equitable hearing as contemplated by MCIOA. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be held within thirty (30) days of receipt of the hearing request, and with at least ten (10) days' notice to the offender. If the offender fails to appear at the hearing, then the right to a hearing shall be waived and the Master Board may take such action as it deems appropriate. The decision of the Master Board, and the rules for the conduct of hearings established by the Master Board, shall be final and binding on all parties. The resulting decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. The Master Board may delegate all or part of its hearing authority to a committee appointed by it, in which case references in this Section shall refer to the committee as applicable. 11.4 Liability for Owners' and Members' Acts. A Member, Owner or Occupant shall be liable for the expense of any maintenance, repair or replacement of the Property arising out of their acts or omissions, or the acts or omissions of their invitees to the extent that such expense is not covered by the proceeds of insurance. 11.5 Costs and Attorneys. With respect to any measures, legal, administrative, or otherwise, which the Master Association takes to enforce the provisions of the Master Governing Documents, or MCIOA, the offender shall promptly pay or reimburse the Master Association for any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Master Association, fees of attorneys and other professionals, court costs and collection agency contingent fees. 11.6 Pre -Litigation Requirement. Any litigation, administrative proceeding or other legal action instituted or intervened in by or in the name of the Master Association, exclusive of (i) any action to collect Master Assessments or foreclose Master Assessment Liens, or (ii) to 31 2190398.v1