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200314908
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200314908
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Last modified
10/16/2011 9:04:35 AM
Creation date
10/28/2005 4:18:53 PM
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DEEDS
Inst Number
200314908
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200314908 <br />(a) Each unit owner is an insured person under the policy with respect <br />to liability arising out of his or her interest in the common elements <br />or membership in the Association; <br />(b) The insurer waives its right to subrogation under the policy against <br />any unit owner or member of his or her household; <br />(c) No act or omission by any unit owner, unless acting within the <br />scope of his or her authority on behalf of the Association, will void <br />the policy or be a condition to recovery under the policy; and <br />(d) If, at the time of a loss under the policy there is other insurance in <br />the name of a unit owner covering the same risk covered by the <br />policy, the Association's policy provides primary insurance. <br />Section 3. Insurance by Unit Owners. <br />Unit owners shall not be prohibited from carrying other insurance for his or her <br />own benefit. Insurance coverage on furnishings and other items of personal property <br />belonging to an owner and public liability coverage within each unit shall be the sole <br />and direct responsibility of the unit owners thereof, and the Executive Board and the <br />Association shall have no responsibility thereto. In the event that the unit owner <br />deems the coverage carried by the Association insufficient for their respective unit, <br />they may obtain the additional coverage amount and be billed accordingly, separately <br />from the Association. <br />Section 4. Notice. <br />An insurer that has issued the insurance policy pursuant to Section 1 shall issue <br />certificates of insurance to the Association and, upon written request, to any unit <br />owner, mortgagee or beneficiary under a deed of trust. The insurer issuing the policy <br />shall not cancel or refuse to renew it until thirty (30) days after notice of the proposed <br />cancellation or non - renewal has been mailed to the Association, each unit owner and <br />each mortgagee or beneficiary under a deed of trust to whom a certificate of insurance <br />has been issued at their respective last -known addresses. <br />ARTICLE VII. MAINTENANCE AND ALTERATIONS <br />Section 1. Maintenance. <br />The unit owner will maintain and keep in good repair the interior surfaces of <br />walls, ceilings, and floors (including carpeting, tile, wallpaper, paint or other covering) <br />as well as all fixtures, utilities, wiring, plumbing and appliances, located within such <br />owner's unit. An owner shall not be responsible for repair to common elements by <br />casualty, unless such casualty is due to the act or negligence of the owner, his guests, <br />invitees or tenants. All common element maintenance, insurance, including lawn <br />maintenance and snow removal, repairs and replacements to the general common <br />elements, shall be made by the Association and be charged to all the unit owners as <br />a common expense, unless such maintenance, repair or replacement is necessitated <br />by the negligence, misuse or neglect of a unit owner, in which case, such expense <br />shall be charged to such unit owner. The costs of insurance may, at the discretion of <br />the Association, be assessed in proportion to risk. <br />12 <br />
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