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202002679 (k) Final Award. Within sixty (60) days of the conclusion of the proceedings or such longer period as the parties mutually agree, the Arbitrator shall determine the claims of the parties and render a final award in writing. The Arbitrator may award the prevailing party in the proceeding all or a part of such party's reasonable attorneys' fees and expert witness fees, taking into account the final result of arbitration, the conduct of the parties and their counsel in the course of the arbitration, and other relevant factors. The Arbitrator shall not award any punitive damages. The Arbitrator shall not award indirect, consequential, or special damages, regardless of whether the possibility of such damage or loss was disclosed to or reasonably foreseen by the party against whom the claim is made; provided, however, that such damages may be deemed by the Arbitrator to be direct damages in an award reimbursing payments made by a party therefor to a third party. The Arbitrator shall assess the costs of the proceedings (including without limitation the fees of the Arbitrator) against the non -prevailing party. 11.7 Use of Funds. In the event that the Association recovers any funds as a result of a Claim involving an Alleged Defect, the funds shall first be used to correct and/or repair the Alleged Defect or to reimburse the Claimant for any costs actually incurred by such Claimant in correcting and/or repairing the Alleged Defect, and any excess funds shall be paid into the Association's reserve fund. ARTICLE 12 GENERAL PROVISIONS 12.1 Enforcement. The Association may enforce the Community Documents in any manner provided for in the Community Documents or by law or in equity, including but not limited to: (a) imposing reasonable monetary fines after notice and an opportunity to be heard is given to the Owner or other violator. An Owner shall be responsible for payment of any fine levied or imposed against a Resident of the Owner's Lot or by any guest or invitee of the Owner or Resident; (b) suspending a Member's right to vote; (c) suspending any services provided by the Association to an Owner or the Owner's Lot if the Owner is more than fifteen (15) days delinquent in paying any Assessment or other charge owed to the Association; (d) exercising self-help or taking action to abate any violation of the Community Documents in a non -emergency situation; requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Lot in violation of this Declaration and to restore the Lot to its previous condition. Upon failure of an Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed; and any such action shall not be deemed a trespass; (f) without liability to any Person, prohibiting any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration or the Design Guidelines from continuing or performing any further activities in the Project; towing vehicles that are parked in violation of this Declaration or the Association Rules; (h) filing a suit at law or in equity to enjoin a violation of the Community Documents, to compel compliance with the Community Documents, to recover fines or money damages, or to obtain such other relief as to which the Association may be entitled; and (e) (g) Page 42 of 52