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BY-LAWS

ARTICLE XII - EMINENT DOMAIN

If any Building, improvement or Common Element or any part thereof shall be taken, injured or destroyed by eminent domain, each Unit Owner affected shall be entitled to notice of such taking and to participate through the Association in the proceeding incident thereto. Any awards made in connection with such proceedings shall be collected by the Association and applied or distributed by it in accordance with the following, unless the award or decree provides to the contrary:

(a) If a Unit is acquired by eminent domain, or if part of a Unit is acquired by eminent domain leaving the Unit Owner with a remnant which may not practically or lawfully be used for any purpose permitted by the Condominium Declaration, the award must compensate the Unit Owner for his Unit and its percentage interest in the Common Elements, based upon the qualified appraisal acceptable to the Board of the relative value of the Unit(s) taken ("Qualified Appraisal") whether or not any portion of the Common Elements is acquired. Upon acquisition by the condemning authority, unless the decree provides otherwise, each affected Unit's entire percentage interest and its Common Expense liability shall be automatically reallocated to the remaining Units in proportion to their respective percentage interests and the liabilities of such remaining Units before the taking, and the Association shall promptly prepare, execute and record an amendment to the Condominium Declaration reflecting the reallocations. Any remnant of a Unit remaining after a part of a Unit is taken under this subsection shall thereafter be a Common Element.

(b) If part of a Unit is acquired by eminent domain, other than under the circumstances contemplated by subsection (a) the award must compensate the Unit Owner(s) for the reduction in value of the Unit and its percentage interest in the Common Elements. Upon acquisition by the condemning authority, (1) each affected percentage interest, and its Common Element liability shall be reduced in proportion to the reduction in value of each such Unit, based upon a Qualified Appraisal, and (2) the portion if its percentage interest and Common Expenses Liability divested from the partially acquired Unit shall be automatically reallocated to each such Unit and the remaining Units in proportion to their respective percentage interests and the liabilities of such remaining Units before the taking, with the partially acquired Units(s) participating in the reallocation on the basis of their reduced percentage interest and liabilities.

(c) If a portion of the Common Elements is acquired by eminent domain, the award must be paid to the Association. The Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements among the affected Unit Owners in proportion to their respective percentage interests in the Common Elements before the taking, but the portion of the award attributable to the acquisition of any Limited Common Element must be equally divided among the Owners of the Units to which that Limited Common Element was allocated at the time of acquisition based upon a Qualified Appraisal.

(d) In no event shall the aggregate amount distributed to the affected Unit Owner(s) exceed the total amount of any award paid with respect to any taking by eminent domain.

ARTICLE XIII
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