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<br />._---~,,'~_.- ""---"...~.." .._..,~~_..._,. <br /> <br />200709255 <br /> <br />. ' <br /> <br />$, <br /> <br />(3) Eighty percent (60%) of the unit owners, including every owner of a <br />unit or assigned limited common element which will not be rebuilt, <br />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 /> <br />If the entire condominium isn't repaired or replaced, <br /> <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 /> <br />(2) The insurance proceeds attributable to units and limited common <br />elements which are not rebuilt must be distributed to the owners of <br />those units and the owners of the unITS to which those limited <br />common elements were allocated, or to -lienholders, as their interests <br />may appear; and <br /> <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 to <br />the common element interests of all the units. <br /> <br />If the unit owners vote not to rebuild any unit, that units 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 and <br />record an Amendment to the Declaration reflecting the reallocations. <br /> <br />Section 3. Condemnation. <br /> <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 remnant <br />which may not practically or lawfully be used for any purpose <br />permttted by the Master Deed and Declaration, the award must <br />compensate the unit owner for his or her unit and its interest, in the <br />common elements, whether or not any common elements are <br />acquired. Upon acquisition, that unit's allocated interests are <br />automatically reallocated to the remaining units in proportion to the <br />respective allocated interest of those units before the taking, and the <br />Association shall promptly prepare, execute, and record an <br />Amendment to the Master Deed and Declaration refiecting the <br />reallocations. Any remnant of a unit remaining after part of a unit is <br />taken under this Subsection is thereafter 8 common element. <br /> <br />(b) Except as provided in Subsection (a) of this Section, if part of a unit <br />is acquired by eminent domain, the award must compensate the unit <br />owner for the reduction in value of the unit and its interest in the <br />common elements, whether or not any common elements are <br />acquired. Upon acquisition: <br /> <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 in <br />the Master Deed and Declaration; and <br /> <br />(2) The portion of the allocated interest divested from the partially <br />acquired unit are automatically reallocated to that unit and the <br />remaining units in proportion to the respective allDcated <br />interests of those units before the taking, with the partially <br />acquired unit participating in the reallocation on the basis of its <br />reduced allocated interest. . <br /> <br />15 <br />