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20040955-9. 200210181 20p1091' Association, by its President and Secretary or its "other.duly authorized officers or agents, shall have full and complete authorization, right and power.. to make, execute and deliver any contract, deed or any other instrument with respect to the interest of a unit owner which is necessary and appropriate to exercise the powers granted in this Article. Repair and 3.` reconstruction of the improvements, as used in the succeeding Sections of this Article means restoring the improvements to 'substantially the same condition in which they existed prior to the damage,' with each unit. and the general and limited common elements having substantially the same vertical and horizontal boundaries as before: Section 2. Damage and Destruction. Any portion of the condominium for-which insurance is required under this Section which is damaged and destroyed shall be repaired or replaced promptly by the Association unless: (1) The condominium 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 every owner of a unit or assigned limited common element which will not be rebuilt, 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 isn't repaired or replaced, (1) The 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) The insurance proceeds attributable to units and limited common elements which 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 allocated, or to lienholders, as their interests may appear ;. and (3) The remainder of the proceeds must be distributed to all the unit owners, or lienholders, as. their interests may appear, in proportion to the common element. interests of all the units. If the unit owners vote not, to rebuild any .unit, that unit's. allocated interests are automatically reallocated upon. the vote as if the unit had been condemned under Subsection (a) of Section 76 =831, and the Association promptly shall prepare, execute and record.an Amendment to the Declaration reflecting the reallocations. Section 3. 'Condemnation. (a) If .a unit is acquired by eminent domain,, or if a part of a unit is acquired by eminent domain, leaving the: unit owner with a remnant which may .not practically or lawfully be used for any purpose permitted by the Master Deed and Declaration, the award. must compensate the unit owner for his or her unit and its interest; in the common elements, whether or not any common elements are acquired. Upon. acquisition., that unit',s_ allocated interests are automatically reallocated to the remaining units in .proportion to the respective allocated'. interest of those units .before the taking, and" the Association shall.promptly prepare, execute, and.record an Amendment to the Master. Deed and Declaration .reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under, this Subsection is thereafter a.common element. (b) Except as provided in Subsection (a) of this Section,-.if part of a unit is acquired by, eminent domain, the award. •: 13