Laserfiche WebLink
<br /> <br />4810-5342-0509, v. 2 <br /> 56 <br /> <br />For purposes herein, a material reduction in the size of the Unit shall mean any alteration that increases or <br />decreases the square footage of the interior floor space of the Unit by more than ten percent (10%) from <br />the square footage as shown on the Condominium Plan; <br />11.6.4 the Board has determined that any alteration that will relocate or reduce the <br />Association Property will not unreasonably interfere with the rights of the Owners and occupants to use and <br />enjoy the Association Property; <br />11.6.5 the Condominium Plan is amended to reflect the alteration to the Units or <br />Association Property; and <br />11.6.6 easements for any encroachments created by such alterations are granted to <br />the Affected Owners by the Association. <br />Each Owner irrevocably appoints the Association as that Owner’s attorney-in-fact and irrevocably grants to <br />the Association the full power in the name of the Owner to effect any alteration to any Unit or Association <br />Property as authorized above, including, without limitation, the execution, delivery and recordation of any <br />Condominium Plan amendments, deeds or other instruments. <br />11.7 Condemnation of Association Property. If any portion of the Association Property is <br />taken by condemnation, eminent domain or any proceeding in lieu thereof, then the Owners and their <br />Mortgagees as their respective interests then appear, shall be entitled to receive a distribution from the <br />award for such taking in the same proportion as insurance proceeds would be distributed pursuant to the <br />provisions above; provided, however, that should it be determined to repair or rebuild any portion of the <br />Association Property, such proceeds shall be paid to the Association for that purpose in the same manner <br />and subject to the same terms, conditions and limitations as are set forth above in this Article for repairing <br />damaged or destroyed portions of the Association Property. A decision to repair or rebuild shall be made <br />in the same manner and subject to the same conditions and limitations as provided above in this Article for <br />determining whether to rebuild or repair following damage or destruction. <br />11.8 Minor Repair and Reconstruction. The Board shall have the duty to repair and <br />reconstruct Improvements, without the consent of Members and irrespective of the amount of available <br />insurance proceeds, in all cases of partial destruction when the estimated cost of repair and reconstruction <br />does not exceed Ten Thousand Dollars ($10,000). The Board is expressly empowered to levy a Special <br />Assessment for the cost of repairing and reconstructing improvements to the extent insurance proceeds <br />are unavailable and determine whether to levy a Compliance Assessment against any Owner who caused <br />the damage pursuant to Section 10.1.2(g) (Waiver of Claims and Subrogation), such Assessment to be <br />levied as described above (but without the consent or approval of Members, despite any contrary provisions <br />in this Declaration). <br />11.9 Damage or Destruction to a Unit. In the event of damage or destruction to any Unit, the <br />Owner thereof shall (unless the Association is not required to repair surrounding damaged Association <br />Property pursuant to the terms set forth above) reconstruct the same as soon as reasonably practicable <br />and substantially in accordance with the original plans and specifications therefor; provided, however, that <br />any such Owner may, with the written consent of the Board, reconstruct or repair the same pursuant to new <br />or changed plans and specifications. In the event the Board fails to approve or disapprove such changed <br />plans and specifications within sixty (60) days of the receipt thereof, they shall be deemed to have been <br />approved. The Owner shall be entitled to the benefit of any master policy of property insurance maintained <br />by the Association to the extent it covers the damage or destruction of elements of the Condominium that <br />are within the Unit and which are the obligation of the Owner to repair as provided in this Declaration. With <br />the exception of any casualty or damage insured against by the Association pursuant to Section 10.1 <br />(Association’s Insurance Obligations), restoration and repair of any damage to the interior of any individual <br />Unit, including without limitation all fixtures, cabinets and improvements therein, together with restoration <br />and repair of all interior paint, wall coverings and floor coverings, shall be made by and at the individual <br />expense of the Owner, provided however, that nothing contained in this Section shall be construed as a <br />waiver of claims that the Owner of a damaged Unit may have against another Owner who caused the <br />309