113 repairing and restoring the stmctures including

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(1)13 repairing and restoring the stmctures (including any damaged unit) to a condition as good as that existing before such casualty, if permitted by appropriate governmental authOlity. Such costs may also include professional fees and premiums for such bonds as the Board of Directors detennines to be necessary. , (b) Source and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the said estimated costs of reconstruction and repair as detelmined by the Board of Directors, or if at any time during the reconstruction and repair or upon completion of reconstmction and repair the funds for the payment of the costs thereof are insufficient, assessments shall be made against all of the Unit Owners (except as elsewhere provided herein). If after repair and reconstmction is completed there is a sUiplus of funds, such funds shall be common funds of the Council to be used as directed by the Board of Directors. (e) Plans and Specifications. Any such reconstmction or repair shall be substantially in accordance with the plans and specifications under which the condominium was originally constmcted. (d) Encroachments. Encroachments upon or in favor of units which may be created as a result of such reconstmction or repair shall not constitute a claim or basis for any proceeding or action by the Unit Owner upon whose property such encroachment exists, provided that such reconstmction was substantially in accordance with the architectural plaf\s under which the Condominium was originally constmcted. Such encroachments shaIl be allowed to continue in existence for so long as the reconstructed building shaIl stand. (e) Construction Pulld. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Council from assessments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the cost ofreconstl1lction and repair in the manner set forth in this Section. (t) Method of Disbursement. The construction fund shall be paid by the Council j n appropriate progress payments to such contractors; su·ppliers,.and personnel performing the work or supplying mateIials or services for the repair and reconstmction of the buildings as are designated by the Board of Directors. (g) Insurance Deductibles. Notwithstanding anything to the contrm) in this Alticle, if repair is required as a result of an insured loss, the amount of the deductible shall be treated as'if it were a maintenance expense and shall be paid by the person(s) or entity(ies) who would be responsible for such repair in the absence of insurance as set forth in these Bylaws or by the negligent pmty. If the maintenance responsibility or negligence cannot be determined by the Board and/or if the loss affects more than one unit or a unit and the common element, the cost of the deductible may be apportioned equitably by the Board among the involved patty or patties based 'on origin of casualty and other factors in the Board's discretion."
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