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HomeMy WebLinkAbout0372 t . ~ against each Owner and his Apartment shall bear the same ~ proportion to the total Assessment levied against all Owners of Apartments sustaininq loss or damage as the cost of repair, replacement or reconstruction of each Apartment bears to the cost applicable to all of said Apartments sustaining loss or damage. If the fire and casualty insuranc~ proceeds Payable to the Insurance Trustee in the event of . the loss or damage to Common Elements and Apartments is~not in an amount which will pay for the complete repair, replace- ment or reconstruction of the Common Elements, it being recognized that such insurance proceeds are to be first applied to payment for repair, replacement or reconstruction of said Common Elements before being applied to the repair, replacement or reconstruction of an Apartment, then the cost to repair, replace or reconstruct said Common Elements in excess of available fire and casualty insurance proceeds shall be levied and collected as an Assessment from all Owners in the same manner as if the loss or damaqe sustained had been solely to Common Elements and the fire and casualty insurance proceeds had not'-been sufficient'to cover the cost of repair, replacement or reconstruction. The cost of repair, replacement or reconstruction of each Apartment sustaining loss or damage shall then be levied and collected by Assessment of Owne=s sustaining the loss or damage in the same manner provided above for the apportionment of such . ' Assessn~nt among Owners sust~ining ~~~h lass ar 3amage. ' ~ , In the event of loss or damage to property cov~red by.such fire and casualty insurance, the Condominium Association shall, within sixty (6~) days after any such occurrence, obtain reliable and detailed estimates of the cost of re- storing damaged property to a condition as good as that which prevailed before such loss or damage in accordance with the original plans and specifications of this Condomin- : ium prepared by Architects Stebbins & Scott, dated August 16, { 1973, as the same may have been modified, copies of which _ have been filed with the Condominium Association; provided, however, different architectural plans prepared by architects i and engineers licensed in the State of Florida may be obtained and the repairs, replacement or reconstruction made in ; accordance therewith when approved at a special meeting of the members of the Condominium Association held in accordance with its By-Laws, and by each Apartment Unit Owner whose Apartment Unit will be affected by such different plans, and by all Institutional Mortgagees. Such estimates are to contain and include the cost of any professional fees and premiums for such Bonds as the Board may deem to be in the best interests of the Membership. Whenever it shall appear that the insurance proceeds payable for such loss or damage will not be sufficient to pay for such repair, replacement or reconstruction, the additional monies required to completely pay for such repair, replacement or reconstruction of said ~ loss or damage, whether to be paid by all Owners or only Owners sustaining loss or damage, or both, shall be deposited from the date on which said Insurance Trustee shall receive the monies payable under the policies of fire and casualty insurance. In the event of the loss or damage to personal property belonging to the Condominium Association, the insurance proceeds, when received by the Insurance Trustee, shall be paid to the Condominium Association. Should the Board determine not to replace lost or damaged property constitu- -8- fAf~ ~ t~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ - ~ ~~~..s._._ . ~ . . ~ . _ - :