HomeMy WebLinkAbout1765 PRTVATE DWELLINGS suetaining loss or damage shall be apportioned
between each owner or oMmers of a PRIVATE DiWBSLI.ING and his PRIVATE ~
IyWELLI:v~ shall bear the same proportion to the total asseesment
levied against all of said awnere of PRIVATE DiWSLLINGS sustaininq
loas or damage as does the cost of repair, replacement or recon-
struction of each awner'e PRIVATE D~wSLLING bear to the coat applica-
ble to all of eaid PRIVATE D'WELLINGS sustaininq loss or damage. If
the fire and casualty insurance proceeas payable to the Insurance
Trustee in the eveat of the loas of or damage to COMMON PROPBRTY and
PRIVATS DWELLING or~DWELLIDTGS is not in an amount which will pay for
t~e complete repair, replacemeat, or reconstraction of the CO1~ON
PROPERTY, it being recognized that such insurance proceeda are to
be first applied to payinent for repafr, replacement or reconstrnction
of said COI~~ON PROPERTY before being applied to the repair, replace-
ment or reconstruction oE a PRIVATS D~TSLLING or PRIVATS DWSLLIDtGS,
then the cost to repair, replace or reconstruct the esid COi~lyON
PROPERTY i~n ex,cess of available fire and casualty insurance proceeds
shall be levf~d and col].ected ae an assesament from all of the owners
of a~l PRIVAT$ D~9+TSLI,INGS in the same manner as would such asaeesment
be levied and collected had the loss or damage s~tetained been solely
to CQHMON PAOPERTY and the f3re and casualty insurance proceede been
not sufficient to cover the cost of repair, replacement or recon-
straction. and the cost of repair, replacement or reconstruction of
each PRIVAT$ D~WSLLING or PRIVATE D~WELLINGS sustaining loss or damage
shall then be levfed and collected by assesement of the owner or
awners of PRIVATE DWELI,ING or PRIVATB DWELLINGS suataining the
loss or damage in the same manner ae is above provided for the
apportionment of such assessment between the owner or ownere of
PRIVATE D~WSLLING or PRIVATE D~WELLINGS sustaining such loss or damage.
In the event of loss of or damaqe to property covered by euch fire
and casualty insurance, ASSOCIATION shall, within eixty (60} days
after any such.occurrence, obtain reliable and detailed est:ln~ates
of the coat to place such damaged property in condition as good as
that before such loss or damage, auch estimates to contain and include
the cost of any profesaional fees and premium for auch bond as the
Board of Directors of ASSOCIATION may deem to be in the beat interests
of the membership of ASSOCIATION. Whenever it shall appear that the
insurance proceeds payable for such loss or damage will not be
sufficient to defray the cost of the repair, replacement or recon-
struction thereof, the additional monies required to completeZy
I p~y for such repair, replacement or reconstruction of said loss or
~ damage,.whether ~o be paid by all of the owners of PRIVATE DWELLINGS
j or only by the awner or vwners of any PRIVATE DWELLING or PRIVATE
~ DWELLINGS sustaining loss or damage, or both, shall be deposited
; with said Insurance Trustee not later than thirty (30) days fram the
` date on which said I»surance Trust~e shall receive the monies payable
~ under the policy or policies of fire and casualty insurance.
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; Natwithstanding anything hereinabove set forth to the contrary, in
~ the event of loss of or damage to PRIVATE nWELLINGS or COl?~ON PROPERTY,
~ including personal property belonging to the ASSOCZATION or which may
~ be a part of the COMMON PROPERTY, and the loss or damage has been
established as being $5,0~0.00 or less, regardleas of the amount which
; may be available under any applicable insurance policy or policies
; to pay for the repair, replacement and/or•reconstruction of the property
~ lost or damaged, then and in said event the proceeds of any insurance
recovery shall be paid to the ASSOCIATION, or by the Insurance Trustee
to the ASSOCIATION, and the ASSOCIATION shall thereafter be respons-
° ible for the repair, replacement and reconstruction of the property
lost or damaged. In the event of loss of or damage to personal prop-
erty belonging to ASSOCIATION and/or which may be a part of the COI~DN
PROPERTY, and shou2d the ASSOCIATION determine not to replace all or
~ part of such personal property as ma~ be lost or damaged, then the
x insurance praceeds applicable thereto shall be paid by the ASSOCIATION
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~ 10.15.2 ~
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~ SPIELVOGEL, GOLDMAN AND CARUSO, F. A. • ATTORNtiYS AT LAW - ~t&RRiTT 1SLAND. FLORIDA
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