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3A - Final Plat of Sentinel Office Park
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07-16-2009 Planning Commission Meeting
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3A - Final Plat of Sentinel Office Park
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11.8 Effect of Acts Not Within Association's Control. All policies of insurance <br /> maintained by the Association shall provide that the coverage shall not be voided by or <br /> conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless <br /> acting within the scope of authority on behalf of the Association, or (ii) any failure of the <br /> Association to comply with any warranty or condition regarding any portion of the <br /> Property over which the Association has no control. <br /> 11.9 Owner's Personal Insurance. Each Owner shall obtain additional personal <br /> insurance coverage at his or her own expense covering fire and other casualty to the <br /> Unit, personal property and personal liability. All insurance policies maintained by <br /> Owners shall provide that they are without contribution as against the insurance <br /> purchased by the Association. <br /> SECTION 12 <br /> RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN <br /> 12.1 Reconstruction. The obligations and procedures for the repair, <br /> reconstruction or disposition of the Property following damage or destruction thereof <br /> shall be governed by the Act. Any repair or reconstruction shall be substantially in <br /> accordance with the plans and specifications of the Property as initially constructed and <br /> subsequently improved. Notice of substantial damage or destruction shall be given as <br /> provided in Section 16.9. <br /> 12.2 Condemnation and Eminent Domain. In the event of a taking of any part <br /> of the Property by condemnation or eminent domain, the provisions of the Act shall <br /> govern; provided, (i) that notice shall be given as provided in Section 16.9, (ii) that the <br /> Association shall be the attorney-in-fact to represent the Owners in any related <br /> proceedings, negotiations, settlements or agreements and (iii) that any awards or <br /> proceeds shall be payable to the Association for the benefit of the Owners and the <br /> mortgagees of their Units. Eligible Mortgagees shall be entitled to priority for <br /> condemnation awards in accordance with the priorities established by the Act and the <br /> Governing Documents, as their interests may appear. <br /> 12.3 Termination and Liquidation. The termination of the common interest <br /> community, and the distribution of any proceeds therefrom, shall be governed by the <br /> Act. Any distribution of funds shall be based upon the value of the Units as determined <br /> by their relative value for property insurance purposes, and shall be made to Owners <br /> and their mortgage holders, as their interests may appear, as provided in the Act. <br /> 12.4 Notice. The Association shall give written notice of any condemnation <br /> proceedings or substantial destruction of the Property to the Eligible Mortgagees <br /> entitled to notice under Section 16.9. <br /> 12.5 Association's Authority. In all cases involving reconstruction, <br /> condemnation, eminent domain, termination or liquidation of the common interest <br /> community, the Association shall have authority to act on behalf of the Owners in all <br /> proceedings, negotiations and settlement of claims. All proceeds shall be payable to <br /> 20 <br />
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