15.1 Common Elements. If all or any portion of any Common Element is damaged, the Association shall rebuild, repair and replace the same, unless (a) rebuild, repair or replacement would be illegal; (b) 80% of the Owners vote not to rebuild, repair and replace or (c) the Association is terminated. Any uninsured portion of the cost of rebuild, repair and replacement shall be Common Expense.

 

15.2 Residence. If any Residence is damaged or destroyed by fire or other casualty, the Owner thereof shall repair or reconstruct the Residence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty and in compliance with the Architectural Control provisions of the Governing Documents, acting with all reasonable diligence; and as soon as reasonably possible.

 

1.3 Condemnation. In the event any part of the Common Elements is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. The Association shall represent the Owners in any proceedings, negotiations, settlements or agreements regarding a condemnation of any part of the Subdivision, and any condemnation proceeds shall be payable to the Association for the benefit of the Owners of affected Lots and their Mortgagees. Should the Association not act, based on a right reserved to the Association in the Declaration, on the Owners' behalf in a condemnation.