Laserfiche WebLink
<br />200709536 <br /> <br />15.7 The Election Not to Repair or Replace. The cost ofrepair or replacement in excess of insurance <br />proceeds and reserves is a common expense. Ifthe entire condominium is not repaired or replaced: <br /> <br />15.7.1 The insurance proceeds attributable to the damaged common elements in proportion to their <br />common element interest shall be used to restore the damaged area to a condition compatible with the <br />remainder of the condominium. <br /> <br />15.7.2 The insurance proceeds attributable to units and allocated limited elements which are not rebuilt <br />shall be distributed in proportion to their common element interests or as otherwise provided in this Declaration <br />to the owners of those units and the owners of the units to which the limited common elements where allocated, <br />or to lien holders as their interest may appear. <br /> <br />15.7.3 The remainder of the proceeds shall be distributed to all the unit owners or lien holders as their <br />interest may appear in proportion to the common element interests of all the units. <br /> <br />15.8 Distribution of Insurance Proceeds on Termination. Notwithstanding the provisions of Sections <br />15.4, 15.5 and 15.6 of this Article, Article VX. Of this Declaration governs the distribution of insurance <br />proceeds ifthe condominium is terminated. <br /> <br />15.9 Additional Insurance. This Section does not prohibit the Declaration from requiring additional or <br />greater amounts of insurance coverage, nor does it prohibit the Executive Board from acquiring additional or <br />greater amounts of coverage as it reasonably deems appropriate. <br /> <br />15.10 Fidelity Bonds. The Association may maintain blanket fidelity bonds for all officers, directors, <br />trustees and employees of the Association and all other persons handling or responsible for funds of or <br />administered by the Association. Where the Association has delegated some or all of the responsibility for the <br />handling of funds to a management agent, the Association may require the management agent to provide <br />fidelity bonds for its officers, employees and agents handling or responsible for funds of, or administered on <br />behalf of the Association. The total amount of the fidelity bond coverage shall be based upon the best business <br />judgment ofthe Board, and the fidelity bonds themselves shall name the Association as an obligee. <br /> <br />15.11 Pursuant of Premiums. Premiums for all insurance obtained by the Association pursuant to this <br />Article shall be paid for by the Association. <br /> <br />15.12 Insurance Trustee. Notwithstanding any other provisions of this Article, there may be named as <br />an insured on behalf of the Association, the Association's authorized representative, including any trustee with <br />whom such Association may enter into any Insurance Trust Agreement or any successor to such trustee <br />("insurance trustee"), who shall have the exclusive authority to negotiate losses under any policy providing such <br />property or liability insurance to the Association. Each owner, by accepting a deed to, or otherwise becoming <br />the owner of, a unit, appoints the Association or any Insurance Trustee or substitute Insurance Trustee <br />designated by the Association, as attorney-in-fact for the purpose of purchasing such insurance, including, <br />without limitation: the collection and appropriate disposition of the proceeds thereof; the negotiation oflosses <br />and execution of releases of liability; the execution of all documents; and the performance of all other acts <br />necessary to accomplish such purpose. The Association or any insurance trustee shall receive, hold or <br />otherwise property dispose of any proceeds of insurance in trust for owners and lien holders, as their interests <br />may appear. <br /> <br />ARTICLE XVI. <br /> <br />ASSOCIATION AS TRUSTEE <br /> <br />- 16 - <br />