Agmt02 Maria La Rocca Estates - Laserfiche WebLink

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majority vote, may levy a fine against such Owner, after appropriate notice and hearing as herein! provided. The right to lev51 fines, hold disciplinary hearings or otherwise impose dis¢.ipline on members under this sectioN is veste~ solely in the Board and may not be delegated to any DireCtor, officer, or manager or other e/nployees of the Board or Declarant. When~ the Board of Directors is to mee~ to consider or impose discipline upon a member, the Board sha~l notify the member in writing, by either personal delivery or f~rst-class mail, at least 10 days Prior to the meeting. The notifilcation sha~l contain~ at a minimum, the date, time~ and place of tbJe meeting,~the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to a~tend and ~y address the Board at the meeting. The Board shall mmet in executive session if requested by the member being disciplin~. If th~ Board imposes discipline on a member, the Board shal. provide, the member a written notification of the disciplinary a~ tion, by e~ther personal delivery or first-class mail, within 15 da's following the action. A disciplinary action shall not be eff~ ctive against a member unless the Board fulfills the ~hove requii~ements. ~ Notwithstanding anythi~ to the contra~.~/ in this Declaration, neither the Board nor the Association of ]~embers shall have the power to cause a forfeiture or mhridgemen~ of an Owner's right to the full use and enjoyment of his individu~ll¥ owned Lot including access thereto over and across the Co~u,,o Area, because of such Owner's failure to comply with the provisJ OhS of this Declaration or of the By-Laws or any Rules adopted bs' the Association except when such loss or forfeiture is the result of a judgment of a court, a decision out of arbitration or on account of a foreclosure, or under the power of sale gr~nted herein for failure of the Owner to pay the assessments evied pursuant to the provisions of this Declaration. In thel event legal action is instituted by the Board pursuant to this section, any 9udgment rendered in any such action shall include costs of collection, court costs and reasonable attorneys' fees. A monetary penalty imposed by the Associ;~tion as a disciplinary measure for failure of a member to co~)ly with the governing instruments or as a means of reimbursing tkm Association for costs incurred by the Association in the repair of damage to common areas and facilities for which the member ~[s allegedly responsible or in bringing the member and his lot in~o compliance with this Declaration may not be characterized nor treated in the governing instruments as an assessment which mmy be~ome a lien against the member's lot enforcemhle by a sale of the .ot. 16