7. RECONSTRUCTION OR REPAIR OF
CASUALTY DAMAGE. If any
part of the Condominium Property shall be damaged by casualty, whether
or not it shall be reconstructed
or repaired shall be determined in the following manner:
A Common Elements. If the damaged improvement is any of the Common Elements,
the damaged Common Element shall be reconstructed or repaired.
B. The Building.
(1) Lesser Damage. If the damage renders less than fifty percent (50%)
of the Units untenantable in the condominium, as determined by the Board
of Directors or governmental agencies of jurisdiction, the damaged property
shall be reconstructed or repaired.
(2) Major damage. If the damage renders more than fifty percent (50%)
of the Units untenantable, as determined by the Board of Directors or
governmental agencies of jurisdiction, the damaged property will be reconstructed
or repaired, unless seventy five percent (75%) of the entire voting interests
agree in writing that such reconstruction or repair shall not take place.
The decision whether or not to reconstruct or repair shall be made within
one hundred eighty (180) days after the casualty, provided however that
the Board of Directors shall have the authority to extend this period
for decision-making, not to exceed two (2) years, to deal with exigencies
in communication with Unit Owners caused by natural disasters or other
significant casualties.
(3) Plans and Specifications. Any reconstruction or repair must be substantially
in accordance with the plans and specifications for the original Buildings,
as set forth in the Surveyor's Plats, or if not, then according to plans
and specifications approved by the Board of Directors.
C. Responsibility. If the damage includes those parts of a Unit for
which the responsibility of maintenance and repair is that of the Unit
Owner, then the Unit Owner shall be responsible for the expense of reconstruction
and repair after casualty of said portion of the work, although the Association
may perform the work on behalf of the Owner. When the Association is
the recipient of insurance proceeds, such as in cases where a portion
of the Building is insured by the Association, but is the repair responsibility
of the Unit Owner, the Association may condition the disbursement of
insurance proceeds on obtaining reasonable verification of appropriate
steps to ensure that the work is done and that the Contractor is paid
for the performance of said work. In all other instances, the responsibility
of reconstruction and repair after casualty shall be that of the Association.
(1) Estimates of costs. Immediately after a determination is made to
rebuild or repair damage to property for which the Association or Unit
Owner has the responsibility of reconstruction and repair, the Association
or Unit Owner shall obtain reliable and detailed estimates of the cost
to rebuild or repair.
D. Assessments. If the proceeds of insurance are not sufficient to defray
the estimated costs of reconstruction and repair by the Association (including
shortfalls occasioned by a deductible), or if at any time during reconstruction
and repair, or upon completion of reconstruction and repair, the funds
for the payment of the costs of reconstruction and repair are insufficient,
Assessments shall be made against all Unit Owners in the case of damage
to Common Elements, in sufficient amounts to provide funds for the payment
of such costs. Such Assessments on account of damage to Common Elements
shall be in proportion to the Owner's share in the Common Expenses.
E. Termination of condominium if not reconstructed. If the Owners vote
to not reconstruct the condominium by vote required in Article 7B(2)
hereof, the condominium shall be terminated in accordance with Article
12 hereof.
Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919
Phone: 239-481-2326
Fax: 239-481-0744
E-Mail: brandywinecondo@embarqmail.com