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- 21.5 Association's Power to Compromise Claims. The
Aoard of Directors of the Association~is hereby irievocably
appointed agent for each unit owner and for each owner of any
other interest in the condominium property, for the purpose of
compromising and settling all claims arising under insurance
policies purchased by the Board of Directors or the Association,
and to execute and deliver releases therefor upon payment of
claims. ~
21.6 Mortgagee's Right to Advance Prem~ums. Should
the Association fail to pay insurance premiums when due, ar should
the Association fail to comply with other insuranCe requirements
set forth in this Declaration, the Institutional Mortgagee holding
the greatest dollar volume of unit mortgages shall have the right,
at its option, to order•insurance policies and to advance such
sums as are required to maintain or procure such insurance, and to
the extent of the money so advanced, said Institutional Mortgagee
shall be subrogated to the assessment and lien rights of the
Association as against the individual unit owners for the payment
of such items of common expense.
22. RECONSTRUCTION OR REPAIR AFTER CASUALTY.
22.1 Determination to Reconstruct or Repair. If any
part of the condominium property shall be damaged by casua2ty,
whether or not it shall be reconstructed or repaired shall be
determined in the following manner: ~
(aj Common Elements. If the damaged improvement is a
common element, the damaged property shall be reconstructed. ~•
or repaired, unless it is determined in the manner
hereinafter provided that the Condominium shall be -
terminated.
(b) Property (Real and Personal) of the Association.
If the damaged improvement is property owned (in whole or
part) by the Association, the damaged property
shall be reconstructed or repaired un2ess it is determined in
the ~,anner hereinafter proviaed that the Condominium shall be
terminated. '
(c) Condominium Building Containing ~nits.
(1) Lesser Damage. If the damaged improvement is
the building, and if units to wnich fifty percent (50$)
of the common elements are appurtenant are found by the
Board of Directors of the Association to~be tenantable,
the damaged~property shall be reconstructed or repaired,
unless within-sixty (60) days after the casualty it is
determined by agreement in the manner hereinafter
provided that the Condo~inium shall be terminated.
(2) Substantial Damage. If the 8a~,aged
improvement is the building, and if units to which more
than fifty percent (50$) of the comrnon elements 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 Condominium will be
terminated without agreement as hereinafter.provided,
unless within sixty (60) days after the casualty the
owners of units to which more than seventy-five percent
(75$) of the common elements are appurtenant agree in
writing to such reconstruetion or repair.
°~ _ 2 4 ao~K 34~ PAGE 112i
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