AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 94 the restriction against partition described in Section 2.11 shall be null and void and any Owner may bring a partition action under the authority of Civil Code section 4610 or any successor statute thereto. 10.8 Rebuilding Contract. If there is a determination to restore, the Board or its authorized representative shall obtain bids from at least two licensed and reputable contractors and shall accept the repair and reconstruction work from whomever the Board determines to be in the best interests of the Members. The Board shall have the authority to enter into a written contract with the contractor for such repair and reconstruction, and the repair and reconstruction funds shall be disbursed to the contractor according to the terms of the contract. The Board shall take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. Such construction shall be commenced no later than 180 days after the event requiring reconstruction and shall thereafter be diligently prosecuted to completion. Such construction shall return the Development to substantially the same condition and appearance in which it existed prior to the damage or destruction. 10.9 Authority to Effect Changes. If any Condominium is damaged or destroyed or in need of renovation or rehabilitation and the Condominium is repaired or reconstructed, the Condominium may be repaired or reconstructed in a manner that alters the boundaries of the Unit, Common Area,and/or Exclusive Use Common Area, provided the following conditions are satisfied: (i) the alteration has been approved by the Board, by Members holding a majority of the total voting power of the Association, and by the holders of any first Mortgages to the extent required herein; (ii) the Board has determined that the alteration is necessary in order to comply with current building code requirements, to meet current building construction standards and procedures, or to improve the conditions and quality of the Condominium Building; (iii) the alteration does not materially change the location of any Unit or materially increase or decrease the size of any Unit without the consent of the Unit Owner and the holders of any first Mortgages thereon. For purposes herein, a material change in the size of the Unit shall mean any alteration that increases or decreases the square footage of the interior floor space of the Unit by more than 10%from the square footage as determined from the Condominium Plan; (iv) the Board has determined that any alteration that will relocate or reduce the Common Area will not unreasonably interfere with the rights of the Owners and Occupants to use and enjoy the Common Area; and (v) the Condominium Plan is amended to reflect the alteration to the Units or Common Area. Each Owner irrevocably appoints the Association as that Owner's attorney-in-fact and irrevocably grants to the Association the full power in the name of the Owner to effect any alteration to any Unit or Common Area as authorized above, including, but not limited to, the execution, delivery and recordation of any Condominium Plan, amendments, deeds or other instruments. 10.10 Condemnation. If there is a total sale or taking of the Development, meaning a sale or taking (i) that renders more than 50% of the Condominiums uninhabitable (such determination to be made by the Board in the case of a sale and by the Court in the case of a taking)or(ii)that renders the Development as a whole uneconomical as determined by the vote or written consent of 75% of those Owners and their respective first Mortgagees whose Condominiums will remain habitable after the taking, the right of any Owner to partition through legal action as described in Section 2.11 shall revive immediately. However, any determination that a sale or taking is total must be made before the proceeds from any sale or award are distributed. The proceeds of any such total sale or taking of the Development,together with the proceeds of any sale pursuant to any partition action,after payment of all expenses relating to the sale,taking or partition action,shall be paid to all Owners and to their respective Mortgagees as their interests appear in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Owners' CLSS\51643\927586.5 40 June 16,2014