Last Update 13 December 2012
Section 11.03. Awards for Unit Owners' Personal Property and Relocation Allowances. Where all or part of the Project is taken by eminent domain, each Unit Owner shall have the exclusive right to claim all of the award made for such Unit Owners' personal property, and any relocation, moving expense, or other allowance of a similar nature designed to facilitate relocation. Notwithstanding the foregoing provisions, however, or the provisions of Sections 11.01 and 11.02, the Board of Directors, except in the case of a Special Partial Taking, shall represent each Unit Owner in an action to recover all awards with respect to such portion, if any, of a Unit Owner's personal property which is at the time of any taking, as a matter of law, part of the real estate comprising any Unit, and shall allocate to such Unit Owner so much of any awards as is allotted in the taking proceedings or, failing such allotment, allotted by the Board of Directors to such Unit Owner's personal property. The amount so allocate shall be paid to the Unit Owner entitled thereto, whether or not the Unit in which such Unit Owner’s personal property was located is to be restored by the Board of Directors. Notwithstanding restoration of the Unit, the Board of Directors shall have no responsibility for restoration of such Unit Owner’s personal property. Section 11.04. Notice to Unit Owners and Lilted Mortgagees. The Board of Directors immediately upon having knowledge of any taking by eminent domain of the Project or any portion thereof, or any threat thereof, shall promptly notify Master Lessor, Sublessor, all Unit owners and all institutional holders of first Mortgages on Condominiums in the Project who have filed a written request for such notice with the Board. 32 |
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