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11. Reconstruction or repair after casualty. ~
11.1 Determination to reconstruct or re air. If any part of ;
the Condomin um proper y s aIT' e amage y casualty, w2iether or 't
not it shall be reconstructed or repaired shall be determined in 1
~
the following manner: ~
_
(a) Co~non element. If the damaged improvement ;
is a common e emen , e damaged property shall be recon- ~
structed or repaired, unless it is determined in the ~
rr~nner elsewhere provided that the Condominium shall be
terminated. ~
~
(b) (1) Les~er dama e. If the damaged
improvemen s e apartment~ building and
if apartments to which f if ty percent ~ 509~ ) '
~
of the common elements are appurtenant are ~
found by the Board of Directors of the ~
Association to be tenantable, the damaged
property shall be reconstructed or repaired,
un? ess ~rithin sixty (60 ) days aPter the
casualty, it is determined by agreement in
the manner elsewhere provided that the Con-
dominium shall be terminated. ~
(2) Ma~or dama e. If the damsged im-
provement s e apar ment building and if
apartment to which more than fifty t50~)
~ percent of the common elementa are appurtenant
~ are found by the Board of Directors to be not
tenantable, then the damaged property will
not be reconstructed or repaired, and the Con-
.inmi ni ~~m ~.ri l l hP tPrT1111'1A f'.e(~ W~ t}'l~llt accreement
; as•elsewhere provided, unless within sixty
; (60) days after the casualty, the owners of
~ eighty percent (80~) of the common elements
~ agree in writing to such reconstruction or ~
~ ~
~ repair.
~
~
~ (c) Certificate. The Insurance Trustee may rely upon
= a certi:ica e o e Association made by its President and
~ attested by its Secretary as to whether or not the damaged
< property is to be recons*,ructed o r repaired.
~
~ 11.2 Plans and specifications. Any reconstruction or
y repair must Se
su s an a y n accordance with the plans and
~ specifications for the original building, or, in lieu thereof,
r= according to plans and specificationa approved by the Board of
~ Directors of the Association, and if the damaged p~operty is in
the apartment building, by the owners of not less than eighty
~ percent (80~) of the comm~on elements, including the owriers of
~ all damaged apartments, together with the approval of the
• institutional mortgagees holding first mortgages upon all damaged
s apartments, which approval shall not be unreasonably ~:ithheld.
c3
i i ~ Rorar?nnvi hi 1 i tv, Tf the dama¢e is only to thOSe
~~..r r~---------
parts of one apar men or whlch the responsibility of main-
=`j tenance and repair is that of the apartment owner, then the
said owner shall be responsible for reconstruction ar~d repair
after casualty. In all other instances the responsibility
af reconstruction and repair after casualty shall be that of
the Association.
"R 11.4 Estimates of costs. Imrr~ediately after a determi-
~z nation is ma e o re u or repair damage to property for ;
- which the Association has the responsibility of reconstruc- ~
- tion and repair, the association ahall obtain reliable and
detailed estimates of the cost to rebuild or repair.
11.5 l+ssessments. If the proceeds of insurance are not
_ sufficient o e ray e estimated costs of reconstruction
and repair by the Association, or i£ a~Ra~~~ime dy?~6 ~
M~:~ BOGK rACE ~~~5~ ~
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~AW OFFICES OF GOLDSTEIN. FRANKLIN. GHONIN Q SCHRANK. P. A.. 2020 NORTHEAST f63no STREET, NORTH MlAMI BEACH, FLORIDA 33182
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