10/11/11 - Laserfiche WebLink

Home

11,2 Sanctions and Remedies. in addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Master Association shall have the right, but not the obligation, to implement any one or more of the following actions against Members or Owners who violate the provisions of the Master Governing Documents, the Master Rules, or MCIOA: 11.2.1 Commence legal action for damages or equitable relief in any court of competent jurisdiction. 11.2.2 Impose late charges of up to fifteen percent (15%), or twenty dollars ($20.00), whichever is greater, of each late payment past due of a Master Assessment or installment thereof, and impose interest at the highest rate permitted by law on all such unpaid amounts. 11.2.3 In the event of default of more than thirty (30) days in the payment of any Master Assessment or installment thereof, all remaining installments of Assessments assessed against the Member may be accelerated by the Master Association, and shall then be payable in full together with all costs of collection and late charges. Reasonable advance written notice, of at least ten (10) days, of the effective date of the acceleration shall be given to the defaulting Person. • 11.2.4 Impose reasonable fines, penalties or charges for each violation of MCIOA, the Master Governing Documents or the Master Rules. 11.2.5 Suspend the rights of any Member to vote when the Member is in violation of the Master Governing Document, the Master Rules or MCIOA. 11.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 10.2.3, 4 or 5 of this Section, the Master Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing. 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 scheduled by the Master Board and held within thirty (30) days of receipt of the hearing request by the Master Board, and with at least ten (10) days prior written 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 Master Board's 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. 11,4 Liability for Owners' and Members' Acts. A Member or Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary 26 121110757v8 820716 8/15/05