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1 <br />90-- 10G04? <br />(a) To motor into the wits or garage in which, or " to which, such violation or breach <br />exists and to suawarily abate and remove. at the expense of the defaulting suite or <br />garage owner, any structure, thing or condition that may exist therein contrary to the <br />intent and meaning of the provisions hereof, and the bard of Administrators shall not <br />thereby be deemed Suiity in any manner of trespass. <br />(b) To anjoin, abate or remedy by appropriate legal proceedings, either at law or in <br />equity, the continuance of any such broach. <br />(o) To deny partially or Molly access tor. b~. It from. or use of all or any facilittmo, <br />functions. or mervioes, or suspend, partly or wholly of al or any rights or privilegse <br />of membership or any other disciplinary action directed by the bard of Sainistratora. <br />ARTICLE IX. MORTGAtitEs <br />Section 1. Maud to Sosrd of At!•Iniatrators. <br />A wits owner who mortgagee his "%itm shall notify the bard of Administrators. The bard <br />shall maintain such information in a bomb WAitled 'Mortgages of Oulu$ -. <br />Section 2. Notice 9f Default. <br />The Board of Administrators, when giving notice to a suite owner of a default in paying <br />asesssmefita or other dafault, shall send a copy of such notica 'CO each holder of a mortgage covering <br />such suite Morse name and address has thsrstofore boon furnished to the Board of Administrators. <br />aaatian s. E,rrasination of looks. <br />Each wits owner and each mortgn;�oo of a suits shall be permitted to examine the books of <br />account of the Association at a reasonable time, on bueirwss days, but not more then arcs every three <br />(S) months without just cause. <br />ARTICLE X. DESTRUCTION, OARAOE OR OBSOLESCENT <br />r 46W.IATION AS ATTORNEY -Iii -FACT <br />Smation 1. Aesaciat;i%n.Attornev -in -Pact, <br />These By -Laws, as a part of the Master Deed, hereby wads mandatory and irrevocable the <br />appoirntment Of the Association as attorney -in -fact to deal with the Pr'opmrty and destruction, ` <br />obsolescence, rapair, construction, improvement and maintenance, all scoarding to the provisions of i <br />this Article X. Title to any condominium suits is declared and expressly wads subject to the terms j. <br />and conditions hereof, and acceptance by any grantee of a dead or other instrument of conveyance from <br />the Developer or from any owner as grantor shall constitute and appoint the Association his true and <br />lawful attorney in his name, place and steed for the gurpow of dealing with the property upon its <br />damage Or destruction or obsolescence as is 0mreinafter provided. As attorney -in -fact, the <br />Association, by its President and Secretary or Assistant Secretary or its other duly authorized <br />officers or agents. shall have full and complete authorization, right and power to mske, execute and <br />deliver any contract, dead or any other Instrument with respect to the interest of a suits owner which <br />is necessary and appropriate to exercise the powers granted in this Article. Repair and »- <br />reconstruction of the iprovsmsnts, as used in the succeeding Sections of this Article swans restoring =, <br />the improvements to substantially the same condition in which they existed prior to the damage. with <br />each wits and the general and limited tomson elements having substantially the saw vertical and <br />horizontal boundaries as before. <br />Section 2 e. and Destruction -- air and Reconstruction ilandatorv. <br />In the event of any damage or destruction due to fire or other disaster. which damage or <br />destruction is determined by the Board of Administrattors to Ism than sixty -sir. and two - thirds percent <br />(60 2 /3on) of the total replacement coat, not including land. of the building containing the <br />Condominium suites in any Regime, such damage or destruction shall be promptly repaired and <br />reconstructed by the Association as attorney -in -fact. and the Association shall have full authority <br />to deal with insurance p in such repair and reconstruction. <br />In the event that insurance proceeds are insufficient to repair and reconstruct the <br />improvements, the Association shall levy a special assessment to provide an smount sufficient to <br />conduct said repair and reconstruction along with insurance p. a. Such asssssmsat shall be levied <br />and collected according to Section S of Artaele V. <br />t9on T,- Dasafe or Destruction -- Raoair and Reconstruction - Optional. <br />In the event of damage or destruction due to fire or other diameter. which damage or <br />destruction is determined by the Board of Administrators to be sixty -six and two - thirds percent (SS <br />2 /3X) or more of the total replacement cwt Of the building containing the condominium suites in any <br />Regime. not including land, the Board shall forthwith, within thirty (30) days of the occurrence of <br />i said damage or destruction, call a special seaaer'a saskiny for the purpome or prsasntiny to rho suito <br />owners the alternative of repair and reconstruction or sale. pursuant to Sections 4 or S of Article <br />X. At such meeting, the Board shall present estimates of repair and reconstruction costs, the amount <br />of insurance proceeds available, the projected necessity for, end amount if any, or special <br />assessments necessary to cover any deficiency In insurance proceeds, the projected sale price of the <br />property as is, and projected distribution of all funds. including insurance proceeds. should the <br />ownere choose sale rather that repair and reconstruction. In arriving at such figures to be presented <br />to the owners, the Board may employ such experts as deemed advisable. After presentation of all <br />relevant financial Information available to the Board. the owners of the suites in the affected Regiss <br />Wall be required to adopt unanimously either a plan of repair and reconstruction or a plan of sale. <br />If such unanimous affirmative vote of said owners is not obtained. the Board of Administrators of the n <br />Association my adopt a plan of sale binding upon all owners. Any plan so adopted must subsequently <br />be approved in writing by the first mortgagese of record as of the date of adoption of the plan. <br />LSection 4. Plan of B@Mjr_IM eg"t QLion -- Oasaae _Qf Dntruetian. <br />In the event that a plan of repair and reconstruct ion is adopted by the owners and subsequent ly <br />approved by the first sartgagees. as above set forth, the Board of Administrators shall forthwith ti <br />proceed to repair and reconstruct the improvaments an met forth in Section 2 of Article X. iqp) <br />f <br />I <br />