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elapsed and that the Association has not received the necessary
writings from three-fourths (3/4) of the Unit Owners residing
in each of the separate and distinct Buildings which have
experienced the degree of damage mentioned in subparagraph 2
above. Such voting shall be in the proportions set forth in
Article IX hereof.
D. Repair and Reconstruction. The provisions of
Sections A~ ~ and C to the contrary notwithstanding, each
separate and distinct Building shall for the purposes of
reconstruction and repair in the event of casualtv loss be
treated as if the same were the only Building in the Condominium,
~o the effect that:
(1) All insurance proceeds reasonably attributable
to the damage or destruction to one such Building shall be
first used for the reconstruction and renair of that Building,
to the extent that proceeds are sufficient; and, in the
event that such proceeds are not sufficient. the Condominium
Unit Owners in that Building alone shall be assessed in.
proportion to their relative shares of the Common El.ements
for any deficiency or insufficiency in the funds necessary
to such reconstruction or repair as contemplated by Section
A above. For the purpose of this Section D, the relative
share of Common Elements attributable to a Unit Owner shall
be deemed to be that percentage which is the quotient of
such Unit Owner's share of the Common Elements as set forth
in Article VII of this Declaration, divided by the sum total
of the shares in the Common Elements attributable to all the
Condominium Units in that Building. The relative proportion
thus established with respect to all Condominium i?nits in a
Building is hereinafter referred to as the "relative common
elements per Building".
(2) If under the provisions of Section B above,
the Board of Directors shall be required to levy a special
assessment for a portion of the deficiency in funds available
for reconstruction and repair of a separate Building related
to th~ Common Elements and Limited ~ommon Flements, then the
Board of Directors shall determine in its reasonable opinion
what portion of any of the deficiency is related to Common
Elements not exclusively within the particular Building
which has suffered casualt_y loss and damage and that portion
of such def_iciency shall be distributed among the Unit
Owners as an assessment in proportion to their shares of the
Common Elements, and the balance of the deficiency so attributable
to the Common Elements and Limited Common Elements shall be
distributed as an assessment among the Unit Owners in that
Building suffer.ing such casualty loss or damage in proportion
to the relative Common Elements per build~ng attributable to
each of said Units and as computed in accordance with the
provisions of preceding subparagraph D-1 above.
(3) In the event that there shall be insurance
proceeds in excess of the cost of reconstruction and repair
of casualty loss to a given separate and dist~nct Building,
then the Board of Directors shall reasonably ascertain what
portion, if any, of that excess is fairlv attributable to
the entire Condominium and that portion shall be distributed
or applied to the Unit Owners and their mortgagees as their
interests may appear in proportion to the share of_ Common
Elements attributable to each of said L'nits, and the balance
of any such excess of insurance proceeds shall be distributed
and paid over to the Unit Owners and their mortgagees as
their interests may appear in the separate and distinct
Building suffering such loss or damage in proportion to those
Unit Owners' shares of the relative Common Elements per
building calculated in accordance with the provisions of
subparagraph D-1 above.
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