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2Q120656� <br />replacement in excess of insurance proceeds and reserves is a common expense. If the entire <br />Condominium is not repaired or replaced, (1) the insurance proceeds attributa.ble to the damaged <br />common elements must be used to restore the damaged area to a condition compatible with the <br />remainder of the Condominium, (2) the insurance proceeds attributable to units and limited <br />common elements which are not rebuilt must be distributed to the owners of those Units and the <br />owners of the units to which those limited common elements were assigned, or the lienholders, <br />as their interests may appear, and (3) the remainder of the proceeds must be distributed to all the <br />Unit owners or lienholders, as their interests may appear, in proportion to the allocated interests <br />of a11 the Units. If the Unit owners vote to rebuild any Unit, that Unit's allocated interest is <br />automatically reallocated, and the Association shall record an amendment to this Declaration <br />reflecting the reallocation. <br />22. LIABILITY: Any tort liability arising from the use of common elements shall be <br />a common expense. Any deficiency in insurance coverage of such liability sha11 be borne by all <br />Unit owners in proportion to the allocated interests shown on Exhibit "B." <br />23. CONDEMNATION: If any part of the common elements is condemned for public <br />use, the award shall be payable to the Association. Actual damage to physical improvements <br />shall be repaired and the fund created by the award sha11 be administered as insurance proceeds <br />in the manner set forth in the Bylaws. <br />24. USE OF COMMON ELEMENTS: The Association and each Unit owner shall <br />have the right to use the common elements, other than limited common elements, and shall have <br />an easement over the common elements for that use. The Association, and each Unit owner of a <br />Unit to which a limited common element is assigned, shall have the right to use such limited <br />common elements and shall have an easement over such limited common element for that use. <br />7 <br />