HomeMy WebLinkAbout1857 9.3 Limitation u on liabilit of Asaociation. Not~vith-
atanding tTie~u~y o e asoc a on o mn .3n~'~n
and repair
portiona oP t~ Condominium property, the Aasociation ahnll
not be liable to apartment ownera for in~ury or damage, other
than the cpst of maintenance and repair, aaused by ar~ latent
condition oP the property to be mnintained ar~d repaired by
the Association, or caused by the elementa or other oMners or
persons .
9.4 Restraint upon assignment of shares ar~d assets. The
share of a mem er n s asse a o e asoa~ation
cannot and shall riot be assigned, hypothecated or tranaferred
. in ar~y manner~except as an appurtenance to his apartment unit.
9.5 APproval or disapproval of matters. Whenever the
decision o an apar men owner a requ re upon any matter, ~
whether or not the sub~ect of an Association meeting, such
decision ahall be eacpresaed by the same person xho would cast
the v~ote of such oNner if in an Association meeting, unless
the ~oinder of record owners ia apecifically required by this
Declaration.
10. The insurance other than title inaurance that shall be~carried
upon the o um property and the property of the apartment o~?ners
shall be governed by the folloxing provisions:
10.1 Authorit to purchase; r~amed insured. All insurance
policiea upon e ondo um proper~Fial~se purchased by
the Asspciation. The named insured shall be the Association
individually and as agent for the apartment unit oNners, xitt~
out namir~g them, and _as agent for their mortgagees. Provisions
shall be made for the issuance oP the m~rtgagee endorsements
and memorar~da of insurance to the aart$agees of apartment owners.
Such policies shall provide that payments.by the insurer for
losaea ahall be made to the insurance trustee designa~ted below,
and all policies and their endorsementa shall be deposited Nith
the insurance trustee. Unit owr~era may obtain coverage at their
own eapense upon their personal property and for their peraonal
liability and living expense. -
10.2 Coverage.
(a} Casualt . All buildinga ar~d improvements
~ upon~the o n um property shall be insured in an -
; amount equal to the insurable replacement value, ex-
~ cluding foundation and eacavation costa, ar~d all personal
~ property included in the com~non elements shall be insured
~ Por its value; all as shall be determined annually by the
~ Board of Directors of the Association. All such cov~erage,
" including the amount thereof and the insurance company
issuing same, shall be sub~ect to the approval of the ~
- institutional mortgagee holdirag the greatest dollar aanunt of
first mortgages against apartments in the ~ondoffir~i~an. ~
Coverage shall afford protection against:
(1) Loss or damage by fire arxi other hazards
covered by a standard eatended coverage endorsement,
~ and
~ (2) Such other riska as Prom time to time shall
be customarily covered with reapect to buildings
~ similar in construction, location and use as the
~ buildinga on the land, including but not limited to
~ vsr~dalism and malicious mischief.
(b) Public liabili in such am4unta ar~d with such
coverage as s'Tial e requ red by the Board oP Directora
of the Association, including but no t limited to hired auto-
mobile arid non-owned autom4bile coverage, and ~rith cross
aoo~ 188 P~t 1854
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