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Member may be accelerated by the Master Association, and shall then be payable in full <br /> together with all late charges, attorney's fees and other professional fees and costs. Ten <br /> (10) days' advance written notice of the acceleration shall be given to the defaulting <br /> Member. <br /> 11.2.5 Impose reasonable fines, penalties or charges for each violation of the <br /> Master Governing Documents, the Design Guidelines or MCIOA. <br /> 11.2.6 Suspend the rights of any Owner or Occupant and their guests to use any <br /> Master Common Element amenities; provided, that the suspension of use rights shall not <br /> apply to those portions of the Master Common Elements providing utilities service and <br /> access to the Unit. Such suspensions shall be limited to periods of default by such <br /> Owners and Occupants in their obligations under the Master Governing Documents or the <br /> Governing Documents, and for up to one year thereafter, for each violation. <br /> 11.2.7 Restore any portions of the Master Common Elements or other portions of <br /> the Property, damaged or altered, or allowed to be damaged or altered, by any Member or <br /> Owner or Occupant or their guests in violation of the Master Governing Documents, and <br /> to assess the cost of such restoration against the responsible Member or Owner. <br /> 11.3 Rights to Hearing. Before the imposition of any of the remedies authorized by <br /> Sections 11.2.5, 11.2.6 and 11.2.7, the Master Board shall, upon written request of the offender, <br /> grant to the offender an opportunity for a fair and equitable hearing as contemplated by MCIOA. <br /> The offender shall be given notice of the nature of the violation and the right to a hearing, and at <br /> least ten (10) days within which to request a hearing. The hearing shall be held within thirty(30) <br /> days of receipt of the hearing request, and with at least ten (10) days' notice to the offender. If <br /> the offender fails to appear at the hearing, then the right to a hearing shall be waived and the <br /> Master Board may take such action as it deems appropriate. The decision of the Master Board, <br /> and the rules for the conduct of hearings established by the Master Board, shall be final and <br /> binding on all parties. The resulting decision shall be delivered in writing to the offender within <br /> ten (10) days following the hearing, if not delivered to the offender at the hearing. The Master <br /> Board may delegate all or part of its hearing authority to a committee appointed by it, in which <br /> case references in this Section shall refer to the committee as applicable. <br /> 11.4 Liability for Owners' and Members' Acts. A Member, Owner or Occupant shall <br /> be liable for the expense of any maintenance, repair or replacement of the Property arising out of <br /> their acts or omissions, or the acts or omissions of their invitees to the extent that such expense is <br /> not covered by the proceeds of insurance. <br /> 11.5 Costs and Attorneys . With respect to any measures, legal, administrative, or <br /> otherwise, which the Master Association takes to enforce the provisions of the Master Governing <br /> Documents, or MCIOA, the offender shall promptly pay or reimburse the Master Association for <br /> any expenses incurred in connection with such enforcement, including without limitation fines or <br /> charges previously imposed by the Master Association, fees of attorneys and other professionals, <br /> court costs and collection agency contingent fees. <br /> 11.6 Pre-Litigation Requirement. Any litigation, administrative proceeding or other <br /> legal action instituted or intervened in by or in the name of the Master Association, exclusive of <br /> (i) any action to collect Master Assessments or foreclose Master Assessment Liens, or (ii) to <br /> 31 <br /> 219o398.v1 <br />