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200400023 201905 ' 39 <br />each unit and the general and limited common elements having substantially the same vertical and <br />horizontal boundaries as before. <br />Section 2. Damage and Destruction, <br />Any portion of the condominium for which insurance Is required under this Section which <br />is damaged and destroyed shall be repaired or replaced promptly by the Association unless: <br />(1) The condominium is terminated; <br />(2) Repair or replacement would be illegal under any state or local health or <br />safety statute or ordinance; or <br />(3) Eighty percent (80%) of the unit owners, including every owner of a unit or <br />assigned limited common element which will not be rebuilt, vote not to <br />rebuild. <br />The cost of repair or replacement in excess of insurance proceeds and reserves is a common <br />expense. <br />If the entire condominium isn't repaired or replaced, <br />(1) The insurance proceeds attributable to the damaged common elements <br />must be used to restore the damaged area to a condition compatible with <br />the remainder of the condominium; <br />(2) The insurance proceeds attributable to units and limited common elements <br />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 allocated, <br />or to lienholders, as their interests may appear; and <br />(3) The remainder of the proceeds must be distributed to all the unit owners or <br />lienholders, as their interests may appear, in proportion to the common <br />element interests of all the units. <br />If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically <br />reallocated upon the vote as if the unit had been condemned under Subsection (a) of Section 76- <br />831, and the Association promptly shall prepare, execute and record an Amendment to the <br />Declaration reflecting the reallocations. <br />Section 3. Condemnation. <br />(a) If a unit is acquired by eminent domain, or if a part of a unit is acquired by <br />eminent domain, leaving the unit owner with a remnant which may not <br />practically or lawfully be used for any purpose permitted by the Master Deed <br />and Declaration, the award must compensate the unit owner for his or her <br />unit and its interest, in the common elements, whether or not any common <br />elements are acquired. Upon acquisition, that unit's allocated interests are <br />automatically reallocated to the remaining units in proportion to the <br />respective allocated interest of those units before the taking, and the <br />Association shall promptly prepare, execute, and record an Amendment to <br />the Master Deed and Declaration reflecting the reallocations. Any remnant <br />of a unit remaining after part of a unit is taken under this Subsection is <br />thereafter a common element. <br />(b) Except as provided in Subsection (a) of this Section, if part of a unit Is <br />acquired by eminent domain, the award must compensate the unit owner for <br />the reduction in value of the unit and its interest In the common elements, <br />whether or not any common elements are acquired. Upon acquisition: <br />(1) Unit's allocated interests are reduced in proportion to the reduction <br />In the size of the unit, or any other basis specified in the Master <br />Deed and Declaration; and <br />13 <br />