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201404665
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Last modified
7/30/2014 11:18:59 AM
Creation date
7/30/2014 11:18:58 AM
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DEEDS
Inst Number
201404665
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201404665 <br />16.1 Coverage of Insurance. To the extent of available, the insurance maintained under Section 15.0.1 <br />of this Section, if determined by the Executive Board, may include the units or any portions of those units, but <br />need not include improvements and betterments installed by unit owners or the personal property of unit <br />owners. <br />16.2 Nonavailability of Insurance and Additional Insurance. If the insurance described in Section 15.0 <br />of this Section is not reasonably available, the Association promptly shall cause notice of that fact to be hand - <br />delivered or sent prepaid by United States Mail to all unit owners. The Association may carry any other <br />insurance it deems appropriate to protect the Association or the unit owners. <br />16.3 Payment of Insurance Proceeds. Any loss covered by the property policy under Section 16.0.1 and <br />16.1 of this Article shall be adjusted with the Association, but the insurance proceeds for that loss are payable to <br />any insurance trustee designated for that purpose, or otherwise, to the Association, and not to any mortgagee or <br />beneficiary under a deed of trust. The insurance trustee or the Association shall hold any insurance proceeds in <br />trust for unit owners and lien holders as their interest may appear. Subject to the provisions of Section 16.6 of <br />this Article, the proceeds shall be disbursed first for the repair or restoration of the damaged property, and unit <br />owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a <br />surplus of proceeds after the property has been completely repaired or restored, or the condominium is <br />terminated. <br />16.4 Insurance Obtained by Owners. An insurance policy issued to the Association does not prevent a <br />unit owner from obtaining insurance for his own benefit. <br />16.5 Certificates of Insurance. An insurer that has issued an insurance policy under this Article shall <br />issue certificates or memorandum of insurance to the Association and, on written request, to any unit owner, <br />mortgagee or beneficiary under a deed of trust. The insurer issuing the policy shall not cancel or refuse to <br />renew it until 30 days after notice of the proposed cancellation or no renewal has been mailed to the <br />Association, each unit owner and each mortgagee or beneficiary under a deed of trust to which a certificate or <br />memorandum of insurance has been issued at their respective last known addresses. <br />16.6 Repair and Replacement of Damaged or Destroyed Property. Any portion of the condominium for <br />which insurance is required under this Section which is damaged or destroyed shall be repaired or replaced <br />promptly by the Association unless any of the following apply: <br />16.6.1 The condominium is terminated. <br />16.6.2 Repair or replacement would be illegal under any state or local health or safety statute or <br />ordinance. <br />16.6.3 80% of the unit owners, including every owner of a unit or allocated limited common element <br />which will not be rebuilt, vote not to rebuild. <br />16.7 The Election Not to Repair or Replace. The cost of repair or replacement in excess of insurance <br />proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced: <br />16.7.1 The insurance proceeds attributable to the damaged common elements in proportion to their <br />common element interest shall be used to restore the damaged area to a condition compatible with the <br />remainder of the condominium. <br />-16- <br />
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