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201807839 minium is terminated, (2) repair or replacement would be illegal under any state or local health or safety statute or ordinance or (3) Eighty Percent (80%) of the unit owners, including the unit owner of every unit that will not be rebuilt and every unit to which a limited common element that will not be rebuilt is assigned, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced, (1) any insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium, (2) any insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were assigned, or the lienholders, as their interests may appear, in proportion to the allocated interests of all the units. If the unit owners vote not to rebuild any unit, that unit's allocated interest is automatically reallocated, and the association shall record an amendment to this Declaration reflecting the reallocation. 24. Liability. Any tort liability arising from the use of common elements shall be a common expense. Any deficiency in insurance coverage of such liability shall be borne by all unit owners in proportion to the allocated interests shown in Section 7 hereinabove. 25. Condemnation. If any part of the common elements is condemned for public use, the award shall be payable to the association. Actual damage to physical improvements shall be repaired and the fund created by the award shall be administered as insurance proceeds in the manner set forth in the By-laws of the association. 26. Use of Common Elements. The association and each unit owner shall have the right to use the common elements, other than limited common elements, and shall have an easement over the common elements for that use. Page 10 of 15