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3A - Final Plat of Sentinel Office Park
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07-16-2009 Planning Commission Meeting
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3A - Final Plat of Sentinel Office Park
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"1 <br /> g. Enter any Unit or Limited Common Element in which, or as to which, a <br /> violation or breach of the Governing Documents exists which is likely to <br /> materially affect the health or safety of the other Owners or Occupants, or <br /> their clients, customers or guests, or the safety or soundness of any <br /> Dwelling or other part of the Property or the property of the Owners or <br /> Occupants, and to summarily abate and remove, at the expense of the <br /> offending Owner or Occupant, any structure, thing or condition in the Unit <br /> or Limited Common Elements which is causing the violation; provided, that <br /> any improvements may be altered or demolished only pursuant to a court <br /> order or with the agreement of the Owner. <br /> h. Foreclose any lien arising under the provisions of the Governing <br /> Documents or under law, in the manner provided by the Act. <br /> 14.3 Rights to Hearing. Before the imposition of any of the remedies <br /> authorized by Section 14.2 d., e., f. or g., the Board shall, upon written' request of the <br /> offender, grant to the offender an opportunity for a fair and equitable hearing as <br /> contemplated by the Act. The offender shall be given notice of the nature of the <br /> violation and the right to a hearing, and at least ten (10) days within which to request a <br /> hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of <br /> receipt of the hearing request by the Board, and with at least ten (10) days prior written <br /> notice to the offender. If the offender fails to timely request a hearing or to appear at the <br /> hearing, then the right to a hearing shall be deemed waived and the Board may take -� <br /> such action as it deems appropriate. The decision of the Board and the rules for the <br /> conduct of hearings established by the Board shall be final and binding on all parties. <br /> The Board's decision shall be delivered in writing to the offender within ten (10) days <br /> following the hearing, if not delivered to the offender at the hearing. The Board may <br /> delegate the foregoing hearing authority to a committee of three or more disinterested <br /> Owners, who shall conduct the hearing and make a recommendation to the Board <br /> regarding the disposition of the matter. <br /> 14.4 Lien for Charges, Penalties, Etc. Any Assessments, charges, fines, <br /> expenses, penalties or interest imposed under this Section shall be a lien against the <br /> Unit of the Owner or Occupant against whom the same are imposed and the personal <br /> obligation of such Owner in the same manner and with the same priority and effect as <br /> Assessments under Section 6. The lien shall attach as of the date of imposition of the <br /> remedy, but shall not be final as to violations for which a hearing is held until the Board <br /> makes a written decision at or following the hearing. All remedies shall be cumulative, <br /> and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of <br /> the Association's right to pursue any others. <br /> 14.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection <br /> measures, or any measures or action, legal, administrative, or otherwise, which the <br /> Association takes to enforce the provisions of the Act, Governing Documents or Rules <br /> and Regulations, whether or not finally determined by a court or arbitrator, the <br /> Association may assess the violator and his or her Unit with any expenses incurred in ..*N <br /> connection with such enforcement, including without limitation fines or charges <br /> 24 <br />
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