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the o~ndc~niniun property shall be damagod tyy casualty, whether or n~t it
shall be reoonstructed or repaired shall be deteYmined in the follawing
mwier:
(a) Oa~tron Elgnents: If the damaged impravement is a
oanron elanent, the d~nag~werty s~ll be revonstructed or repaired, wr -
less it is detennined in the manner elsewhere provided that the vo~idaminiun
shall be texminateci.
(b) Apartment Building:
(1) Lesser Damage: If the datnaged i~mvanent
is the aparUnent building, and if apaz-t~nts to which 50$ of the vamr~n
elements are appurtenant are fourxi by the Boarci of Directors of the ASSO-
ciation bo be tenantable, the da~naged property shall be revonstructed or
repaired unless within sixty (60) days after the casualty it is deterntined
by aqreenent in the manner elsewhere provided that the vondaniniian shall be ~
terminated.
(2) Majar Dr~anage: If the damaged i~rovement is
the apartr~e.nt building, and if apartments to which more than 50$ of the
va~nn elanents are appurtenant are foiuxi by the ~oard of Directors to be
not tenantable, the.n the c7~amaged property will riot be revonst,nicted or re-
paired arxi the oorydcminiun will be ternv.nated without agre~ent as else-
wh~xe provided, unless within si~cty (6R) days after the casualty the vwners
of 75$ of the ooRm~n elgnents agree u~`'writing to such reoonstruction or
repair.
(c) Certificate: The Insurance Tru.stee may rely upon a
certificate of the Associat~.on made by its President and Secretary t,o deter-
mine whether or not the damaged property is to be reoonstructed or repaired. -
10.2 Plans And S~ecifications: A~ reoonstruction or re-
pair must be substantia~lyin aco~rdance wi the plans and specifications
for the original building or buildings, and other i~rovements; or, if not,
then aco~rding to plans and specifications approved by the Board of Direct,ors
of the Association.
10.3 Responsibility: If the d~mage is only tA those parts of
~ one apartment for which the responsibility of mai.ntenanc.~e and repair is that
~ of the apartment owner, then the apartment c~wner shall be responsible for re-
oonstruction and repair after casualty. In all other instances the respon-
si.bility of reoonstruction and re~air after casualty shall be that of the As-
sociation. '
10.4 Estimates Of Qost: Imnediately after a detennination
is made to rebuild or repair d~nage t,~ property for which the Association
has the responsibility for reoonstruction and repair, the Association shall
_ obtain reliable and detailed estimates of the oost tA rebui~c~ or repair.
10.5 Assessnents: If the pr~oceeds of insurance are not
sufficient b~ defray e estunated oosts of reo~nstruction and repair by
the Association, or if at any time during reoonstruction and repair, or
upon ~~letion of reoonstniction and repair, the fund.s for the payment of
the oosts of revonstruction and repair are insufficient, assessments shall
be made against the apartn?ent vwners who vwn the d~ttiaged apartm~.nts, and
against all apartrn~nt owners in case of d~mage tb oamnn elements, in suf-
ficient amounts to provide funds for the payment of such c~osts. Such assess-
ments against apartrnent owners for damage to apartments shall be in prnpor- -
tion to the oost of reconstruction and repair of their respective apartments.
Such assessnerits on ac~unt of d~tnage to vamm~ elements shall be in pro~r-
tion t~o the owner's share in the oambn elements.
10.6 Construction Ftmds: The fur~ds for payment of oosts of
reoonstruction and r~aix after casualty, which shall oonsist of proceeds of
inSurance held by the Insuranc.~e Z~vstee and fund.s oollected by the Associa-
tion fran assess?~nts against apartrnent cywners, shall be disbursed in pay-
ment of such oosts in the follawing manner:
(a) Association: If the total assessnent made by the
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CA11L R[LIWANGER ATTORNEY AT LAW P. O. SOX 1060 STUART. FLORIDA 3~4Y4