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g~a... $)(~ ~ 413 <br />Section 2. Damage and Destruction -- Repair and Reconstruction <br />Mandatory. <br />3n the event of any damage or destruction due to fire <br />ar other disaster, which damage or destruction is dete=rmined <br />by the Board of Administrators to be less than sixty-six and <br />two-thirds percent (66 2j34) of the total replacement cost. <br />not including land, of the building containing the condo- <br />minium townhames in this Regime, such damage or destruction <br />shall be promptly repaired and reconstructed by the Associ- <br />ation as attorney-in-fact, and the Association shall have <br />full authority to deal with insurance proceeds in such <br />repair and reconstructior_. <br />Ir. the event that insurance proceeds are insufficient <br />to repair and reconstruct the improvements, the Association <br />shall levy a special assessment to provide an amount suf- <br />ficient tc conduct said repair and reconstruction along with <br />insurance proceeds. Such assessment shall be levied and <br />collected according to Seotion 3 of Article V, and the <br />Association snail also have the rights noted in Sectior. 11 <br />of Article x. <br />Section 3, Damage c,r _Jes*ruction -- Repair and Reconstruction <br />t,~gtional. <br />Tn the; event raf damage +>r destructior. due to fire ar <br />ct2:er disas*_er, which damage or destruction is determined by <br />the Board cf. Administrators tc~ be sixty-six and two-thirds <br />percent (66 2j'3~) or Wore :;. the total replacement cost cf <br />all of the condominium tcwnhc:nes ir. this Regime, riot in- <br />cludinr~ land, the Bo~irc steal% "crthwith, within thirty (30) <br />days of the o<:currencc f>f .:aid danaye r,~.r destruction, call <br />a special :^:esssber's ?teetirg `or the purpose of presenting to <br />the tcwnhome ;wners thc. alternati'e ~~[ repair and recon- <br />struction ~:.r sale, pursuant t::t :sections 4 c>r 5 of Article X. <br />At such meeting, thr~ 3>zard °ahali present estimates of repair <br />and reconstruction casts, the: <~-nrunt :~f insurance proceeds <br />available, .the.. prr~jected necessit.;J f`cr, and amount if any, <br />of spcc:ial assessments necessary t:~ cover any deficiency in <br />xnsurarce proceeds, the prc:_iectc:d stale price of the property <br />as is, and pru,jected distributicfr. daf all funds, including <br />insurance i>rooeeds, shuuid the owners choose sale rather <br />t?*an repass and reconstruction. In arriving at such figures <br />to be presen'er:~ t{a the owners, the 3oard Bray employ such <br />experts as deemed advisable. i~fter presentation of ull <br />relevant financial info_matie>n available tc the Board, the <br />owners shall be required to adopt either a plan of repair <br />and reconstruction or a plan of sale. The affirmative vote <br />of owners hr,lding seventy-five percent t~5~) in value of the <br />townc~~mes ir. this Regime snail be necessary ~o approve a <br />plan oz repair and reconstruction. If such percentage <br />affirmati~re vcate is not obtained, the owners holding a <br />maority in =.~alue :stay adopt a plan. of sale binding upon all <br />owners. Any play. so adoptEd roust sui~sequentl,y ~e approved in <br />writing by store than :iffy percent tS4~) in number, of the <br />first most}ogees of record as of the date raf adoption cf the <br />plan, <br />Section: ~. i'lan c>f Rei~air_and :-:eccnstruction -- Damage <br />or Destruct iozi ~~ '~_ _____~_ <br />T_n the event tizat a plan of repair and reconstruction <br />is adopted by the owners and subsequently approved by the <br />first rnortr=ogees, as above set forth, the Soard cf Adminis- <br />trators shall forthwith prrrceed tr, repair and reconstruct <br />the improvements as set forth in ~ecticn 2 of Article X. <br />_ z ~, <br />