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202004464 <br />without limitation, all common facilities and improvements, landscaping, drainage facilities, <br />roadways, streets, parking areas and sidewalks. The association's duties for maintenance and <br />repair of the common elements shall include the exterior portion of the units and building, the <br />land upon which the building is located, the space above the building, all bearing walls, column, <br />floors, roof, slabs, foundations, water and sewer pipes, ducts, conduits, wires and all other utility <br />installations of the building, except for the outlets thereof when located within Units, and all <br />structural parts of the common elements. All such repairs and maintenance shall be common <br />expenses and shall be paid for by the association. <br />22. Insurance. The association shall insure the condominium and the association against <br />risk, including tort liability, in such amounts as may be determined by the Executive Board of <br />Directors in the manner set forth in the association's By-laws. A unit owner may obtain <br />insurance, for the unit owner's account and benefit, covering the unit and contents. Each policy <br />shall be issued in the name of the association for the benefit of unit owners in proportion to the <br />allocated interests shown hereinabove at Section 7. <br />23. Damage. Any damage to the condominium caused by fire or other casualty shall be <br />promptly repaired by the association in the manner set forth in the By-laws, unless (1) the condo- <br />minium is terminated, (2) repair or replacement would be illegal under any state or local health <br />or safety statute or ordinance or (3) Eighty Percent (80%) of the unit owners, including the unit <br />owner of every unit that will not be rebuilt and every unit to which a limited common element <br />that will not be rebuilt is assigned, vote not to rebuild. The cost of repair or replacement in <br />excess of insurance proceeds and reserves is a common expense. If the entire condominium is <br />not repaired or replaced, (1) any insurance proceeds attributable to the damaged common <br />elements must be used to restore the damaged area to a condition compatible with the remainder <br />of the condominium, (2) any insurance proceeds attributable to units and limited common <br />elements that are not rebuilt must be distributed to the owners of those units and the owners of <br />the units to which those limited common elements were assigned, or the lienholders, as their <br />interests may appear, in proportion to the allocated interests of all the units. If the unit owners <br />vote not to rebuild any unit, that unit's allocated interest is automatically reallocated, and the <br />association shall record an amendment to this Declaration reflecting the reallocation. <br />24. Liability. Any tort liability arising from the use of common elements shall be a <br />common expense. Any deficiency in insurance coverage of such liability shall be borne by all <br />unit owners in proportion to the allocated interests shown in Section 7 hereinabove. <br />Page 8 of 12 <br />