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201202424
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Last modified
3/29/2012 11:00:57 AM
Creation date
3/29/2012 11:00:57 AM
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DEEDS
Inst Number
201202424
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201202424 <br />include the floor coverings, wall coverings, bathroom and kitchen fixtures, lighting <br />fixtures, cabinetry, the entire finish of basements, all air-conditioning and heating <br />equipment and other service machinery, and appliances initially i.nstalled in the <br />units by the declarants. The policy shall cover the interests of the Association and <br />all unit owners and their mortgagees, as their interests may appear, subject to loss <br />payment and adjustment provisions in favor of the Executive Board as Insurance <br />Trustee. Coverage shall be in an amount equal to one hundred percent (100%) of <br />the then current replacement cost of the properiy, without deduction for <br />depreciation, the amount to be re-determined annually by the Executive Board with <br />the assistance of the insurance company affording coverage. <br />(b) � Liability Insurance. The Executive Board shall maintain liability insurance, <br />including medical payments insurance, in an amount determined by the Executive <br />Board, but not less than One Million Dollars ($1,000,000.00), covering all <br />occurrences commonly insured against for death, bodily injury, and property <br />damage arising out of or in connection with the use, ownerslup or maintenance of <br />the common elements. The Executive Board may deternune that additional <br />coverage may be necessary and may obtain such additional coverage if it is deemed <br />necessary. <br />If the aforementioned insurance is not reasonably available, the Association shall cause notice of that <br />fact to be hand delivered or sent prepaid by United States mail to all unit owners. <br />Section 2. Provisions. <br />Insurance policies must provide that: <br />(a) Each unit owner is an insured person under the policy with respect to liability <br />arising out of his or her interest in the common elements or membership in the <br />Association; <br />(b) The insurer waives its right to subrogation under the policy against any unit owner <br />or member of his or her household, the Association, and the Executive Board; <br />(c) No act or omission by any unit owner, unless acting within the scope of his or her <br />authority on behalf of the Association, will void the policy or be a condition to <br />recovery under the policy; and <br />(d) If, at the time of a loss under the policy there is other insurance in the name of a <br />unit owner covering the same risk covered by the policy, the Association's policy <br />provides primary insurance. <br />Section 3. Insurance bv Unit Owners. <br />Unit owners shall not be prohibited from carrying other insurance for his or her own benefit. <br />Insurance coverage on fumishings and other items of personal property belonging to an owner and public <br />liability coverage within each unit shall be the sole and direct responsibility of the unit owners thereof, and <br />the Executive Board and the Association shall have no responsibility thereto. In the event that the unit owner <br />deems the coverage carried by the Association insufficient for their respective unit, they may obtain the <br />additional coverage amount and be billed accordingly, separately from the Association. It is the <br />responsibility of each unit owner to verify that the coverage involving their unit is adequate as the individual <br />unit owners deems. <br />Section 4. Notice. <br />An insurer that has issued the insurance policy pursuant to Section 1 shall issue certificates of <br />insurance to the Association and, upon written request, to any unit owner, mortgagee or beneficiary under <br />a deed of trust. The insurer issuing the policy shall not cancel or refuse to renew it until sixty (60) days after <br />notice of the proposed cancellation or non-renewal has been mailed to the Association, each unit owner and <br />each mortgagee or beneficiary under a deed of trust to whom a certificate of insurance has been issued at <br />their respective last-known addresses. <br />All of the remaining provisions of said By-Laws and any amendments previously approved, not <br />contrary to the aforementioned Amendment, shall remain in full force and effect. <br />2 <br />
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