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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981
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9/3/2015 12:40:49 PM
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Recorded Docs - Type
Declaration
Subject
Recision of Enabling Declaration Establishing
Doc Num
18803AS
Rec Date
2/27/1981
Parties
Pelican Cove Development Co.
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adjur.ted, if necessary, to provide such coverage and protection <br /> as the Association may deem prudent. Worker's compensa- <br /> tion insurance shall at all times be carried to the extent <br /> required to comply with any applicable law. Officers and <br /> directors liability insurance shall be carried by the Associa- <br /> tion to cover persons serving in such capacities. It is the <br /> responsibility of each owner to insure his personal property <br /> ( if he desires ) and the improvements and betterments added to <br /> his unit since the time of the original sale, together with <br /> additional living expense coverage and public liability insurance <br /> for the interior of his unit. <br /> c.) <br /> In addition to the master liability policy which <br /> the Association shall carry, each unit owner may carry public <br /> liability insurance covering damage to property or injury to <br /> person of others within the project resulting from negligence <br /> of the owner or his agents, in amount not less than $100,000 <br /> for each occurrence. <br /> Insurance premiums for the master policy shall <br /> he a common expense to be included in the monthly assessments <br /> levied by the Association and the portion of such payment <br /> necessary for the insurance premiums shall he held in a separate <br /> account of the Association and shall be used solely for the F.+ <br /> payment of the master insurance policy premiums as such premiums Or <br /> aG become due Ct <br /> Each buyer of a unit shall pay the portion of <br /> the premium(s) attrihutanle to his unit (prorated to the date 1` <br /> of close of escrow) for the policy or policies purchased by <br /> Declarant for the Association. <br /> If any of the project improvements are damaged <br /> by tire or other casualty, insurance proceeds payable to the <br /> Association shall be used to rebuild or repair such damage <br /> substantially in accordance with the original plans and speci- <br /> fications therefor. Any excess insurance proceeds shall he <br /> deposited to the general funds of the Association. In the <br /> event the proceeds of the Association's insurance policy <br /> are insufficient to rebuild or repair the common area, and the <br /> units, then the Association may use funds from its account or <br /> if necessary from levying a special assessment on all urit <br /> owners to restore or rebuild said common area, and said units. <br /> In the event of substantial damage to or destruc- <br /> tion of any condominium or any part of the common area, the <br /> institutional lender, with respect to such condominium, will be <br /> entitled to timely written notice of such damage or destruction <br /> and no provision of the Declaration or the Bylaws will entitle <br /> the owner of the condominium or other party to priorit", <br /> over such institutional lender with respect to the distribution <br /> to such condominium of any insurance proceeds. The repair, <br /> reconstruction or disposition of the property and insurance <br /> proceeds shall be as provided by an agreement approved by the <br /> owners representing at least three-fourths ( 3/4 ) of the voting <br /> power of each class of members of the Association as such <br /> voting interests are established in this Declaration (subject <br /> to the rights of institutional lenders), provided that the <br /> project shall be rebuilt unless at least three-fourths ( 3/4 ) of • <br /> -31- <br /> 1 <br />
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