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Brandywine Condominium Association
DECLARATION OF CONDOMINIUM as adopted January 2, 2006
and
amended December 2, 2008, December 7, 2009, January 23, 2012,
December 6, 2016 and December 7, 2022.
7. USE RESTRICTIONS: 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 orgovernmental 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.
(I) 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) hereot: the condominium shall be terminated in -accordance
with Article 12 hereof
Association address
Brandywine Condominium Association
1398 S. Brandywine Circle
Fort Myers, FL 33919
Phone: 239-481-2326
Fax: 239-481-0744
E-Mail: brandywinecondo@embarqmail.com