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<br />200807402 <br /> <br />b. Notwithstanding the duty of the Association to maintain and repair parts of the <br />Condominium, the Association shall not be liable to Unit Owners for injury or <br />damage, other than the cost of maintenance and repair, caused by any latent <br />condition of the Property to be maintained and repaired by the Association, or caused <br />by natural elements or other Unit Owners. <br /> <br />c. Declarant shall not be liable for any action, loss, or cost pursuant to this Section. <br /> <br />31. Condemnation. <br /> <br />a. If a Unit is acquired by eminent domain, or if part of a Unit is acquired by eminent <br />domain leaving the Unit Owner with a remnant which may not practically or lawfully <br />be used for any purpose permitted by the Declaration, the award must compensate <br />the Unit Owner for its Unit and its interest in the Limited Common Elements or <br />Common Elements, whether or not any Limited Common Elements or Common <br />Elements are acquired. Upon a complete acquisition of a Unit, unless the decree <br />otherwise provides, that Unit's Allocated Interests shall be automatically reallocated <br />to the remaining Units in proportion to the respective Allocated Interests of those <br />Units before the taking, and the Association shall promptly prepare, execute and <br />record an amendment to the Declaration reflecting the reallocations. Any remnant of <br />a Unit remaining after part of a Unit is taken under this subsection shall be thereafter <br />a Common Element. <br /> <br />b. Except as provided in subsection (a) of this Section, if part of a Unit is acquired by <br />eminent domain, the award shall compensate the Unit Owner for the reduction in <br />value of the Unit and its interest in the Limited Common Elements or Common <br />Elements, whether or not any Limited Common Elements or Common Elements are <br />acquired. Upon acquisition, unless the decree otherwise provides (i) the Unit's <br />Allocated Interests shall be reduced in proportion to the reduction in the size of the <br />Unit and (ii) the portion of the Allocated Interests divested from the partially <br />acquired Unit shall be automatically reallocated to that Unit and the remaining Units <br />in proportion to the respective Allocated Interests of those Units before the taking, <br />with the partially acquired Unit participating in the reallocation on the basis of its <br />reduced usable square footage as provided herein. <br /> <br />c. If part of the Common Elements is acquired by eminent domain, the portion of the <br />award attributable to the Common Elements taken must be paid to the Association. <br />Any portion of the award attributable to the acquisition of a Limited Common <br />Element must be equally divided among the Unit Owners ofthe Units to which that <br />Limited Common Element was allocated at the time of acquisition. <br /> <br />d. The court decree shall be recorded in the Hall County Register of Deeds Office. <br /> <br />e. In the event a partial taking results in the taking of a complete Unit or a part of a Unit <br />leaving the Unit Owner with a remnant which may not practically or lawfully be used <br /> <br />-16- <br />