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200504121
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200504121
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Last modified
10/17/2011 5:55:44 AM
Creation date
10/28/2005 10:40:04 AM
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DEEDS
Inst Number
200504121
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200504121 <br />(3) Eighty percent (80 0%) of the unit owners, including every owner of <br />a unit or assigned limited common element which will not be <br />rebuilt, vote not to rebuild.. <br />, <br />The cost of repair or replacement in excess of insurance proceeds and reserves is a <br />common expense. <br />If the entire condominium isn't repaired or replaced, <br />(1) The insurance proceeds attributable to the damaged common <br />elements must be used to restore the damaged area to a condition <br />compatible with the remainder of the condominium; <br />(2) The insurance proceeds attributable to units and limited common <br />elements which are not rebuilt must be distributed to the owners <br />of those units and the owners of the units to which those limited <br />common elements were allocated, or to lienholders, as their <br />interests may appear; and <br />(3) The remainder of the proceeds must be distributed to all the unit <br />owners or lienholders, as their interests may appear, in proportion <br />to the common element interests of all the units. <br />If the unit owners vote not to rebuild any unit, that unit's allocated interests are <br />automatically reallocated upon the vote as if the unit had , been condemned under <br />Subsection (a) of Section 76 -831, and the Association promptly shall prepare, execute <br />and record an Amendment to the 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 <br />acquired by eminent domain, leaving the unit owner with a <br />remnant which may not practically or lawfully be used for any <br />purpose permitted by the Master Deed and Declaration, the award <br />must compensate the unit owner for his or her unit and its <br />interest, in the common elements, whether or not any common <br />elements are acquired. Upon acquisition, that unit's allocated <br />interests are automatically reallocated to the remaining units in <br />proportion to the respective allocated interest of those units before <br />the taking, and the Association shall promptly prepare, execute, <br />and record an Amendment to the Master Deed and Declaration <br />reflecting the reallocations. Any remnant of a unit remaining after <br />part of a unit is taken under this Subsection is thereafter a <br />common element. <br />(b) Except as provided in Subsection (a) of this Section, if part of a <br />unit is acquired by eminent domain, the award must compensate <br />the unit owner for the reduction in value of the unit and its interest <br />in the common elements, whether or not any common elements <br />are acquired. Upon acquisition. <br />(1) Unit's allocated interests are reduced in proportion to the <br />reduction in the size of the unit, or any other basis specified <br />in the Master Deed and Declaration; and <br />(2) The portion of the allocated interest divested from the <br />partially acquired unit are automatically reallocated to that <br />16 <br />
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