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4-3-24 PB Agenda Packet
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4-3-24 PB Agenda Packet
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4/3/2024
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4_3_24 Planning Board Minutes
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91 <br /> ARTICLE IX <br /> INSURANCE <br /> Section 9.01 Ownership. All insurance policies upon the Common Elements and/or any <br /> other property of the Association shall be purchased by the Association, or its agent, for the benefit of the <br /> Association, the Owners (including Declarant for so long as Declarant shall retain title to any Lot or any <br /> other part of the Property) and the Owners' respective mortgagees as their interests may appear. Each <br /> Owner may, in his or her sole discretion, obtain additional insurance coverage upon his or her real and/or <br /> personal property at his or her sole expense. <br /> Section 9.02 Property Insurance. Any and all Buildings and Improvements located on any <br /> Common Elements and any and all personal property belong to the Association shall be insured in an <br /> amount equal to the maximum amount of their insurable replacement value, excluding foundation and <br /> excavation costs,or by ninety percent(90%)co-insurance blanket coverage or by such other form of policy <br /> as the Board of Directors shall deem appropriate. Such coverage shall afford protection from and against <br /> (a) loss or damage by fire or other hazards covered by a standard extended coverage endorsement, and(b) <br /> such other risks as the Board of Directors shall deem appropriate, including vandalism and malicious <br /> mischief. <br /> Section 9.03 Public Liability Insurance. Public liability insurance with respect to the <br /> Common Elements shall be purchased by the Association, or its agent, in such amounts and with such <br /> coverage as the Board of Directors shall deem appropriate. The Board of Directors may also purchase, <br /> from time to time, such additional types of insurance as it may deem necessary or desirable. To the extent <br /> available, each such policy shall include an endorsement providing coverage to each Owner and his family <br /> members,tenants,guests and invitees. <br /> Section 9.04 Fidelity Insurance or Bond. All Persons responsible for or authorized to <br /> expend funds or otherwise deal in the assets of the Association shall be bonded by a fidelity insurer to <br /> indemnify the Association for any loss or default in the performance of their duties in an amount equal to at <br /> least one-half(1/2)the Annual Assessment plus accumulated reserves. <br /> Section 9.05 Premiums. Premiums for contracts of insurance purchased by the Association <br /> shall be paid by the Association and charged ratably to the Owners as a component of Common Expenses. <br /> Section 9.06 Proceeds. All contracts of insurance purchased by the Association shall be for <br /> the benefit of the Association, the Owners and the Owners respective mortgagees as their interests may <br /> appear. All insurance proceeds shall be payable to the Association as insurance trustee under this <br /> Declaration. The sole duty of the Association as insurance trustee shall be to receive such proceeds as are <br /> paid and to hold the same in trust for the purposes stated herein. <br /> Section 9.07 Distribution of Insurance Proceeds. Proceeds of insurance policies purchased <br /> by the Association shall be payable to the Association, its successors or assigns, as insurance trustee, and <br /> shall be distributed to or for the benefit of the beneficial Owners in the following manner: <br /> (a) Expenses of the Trustee. All expenses of the insurance trustee shall be first paid <br /> or provisions made therefor. <br /> (b) Reconstruction or Repair. If the damage or destruction for which the insurance <br /> proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be <br /> required for such purposes, shall be paid to defray the costs thereof. Any insurance proceeds in excess of <br /> the amount required to pay for the costs of repairs or reconstruction of the insured property, shall be <br /> retained by and for the benefit of the Association and held in a reserve account for capital improvements. <br /> (c) Failure to Reconstruct or Repair. If it is determined that the damage or <br /> destruction for which the insurance proceeds are paid shall not be repaired or reconstructed, then the said <br /> 16 <br />
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