MARVIN MANDEL, Governor

931

date of the damage. A partition permitted by this
subsection terminates the condominium regime.

Section 11—111 Comments:

The amendments to this Section are technical in
nature.

11-112.

(a)    In this section, the term "taking under the
power of eminent domain" includes any sale in settlement
of any pending or threatened condemnation proceeding.

(b)    The declaration or bylaws may provide for [a]
AN allocation of any award for a taking under the power
of eminent domain of all or a part of the condominium.
The declaration or bylaws also may provide for (1)
reapportionment or other change of the percentage
interests appurtenant to each unit remaining after any
taking; (2) the rebuilding, relocation, or restoration of
any improvements so taken in whole or in part; and (3)
the termination of the condominium regime following any
taking.

(c)    Unless otherwise provided [for] in the
declaration or bylaws, any damages for a taking of all or
part of a condominium shall be awarded as follows:

(1)    Each unit owner shall be entitled to     the
entire award for the taking of all or part of   his
respective unit and for consequential damages to     his
unit.

(2)    Any award for the taking of limited common
elements shall be allocated to the unit owners of the
units to which the use of those limited common elements
is restricted in proportion to their respective
percentage interests in the common elements.

(3)  Any award for the taking of general common
elements shall be allocated to all unit owners in
proportion to their respective percentage interests in
the common elements.

(d)    UNLESS OTHERWISE PROVIDED IN THE DECLARATION
OR BYLAWS, [Following] FOLLOWING the taking of fall of] a
part of a condominium, the council of unit owners SHALL
NOT BE OBLIGATED TO REPLACE IMPROVEMENTS TAKEN BUT
promptly shall undertake to restore the REMAINING
improvements of the condominium [to an architectural
whole.] TO A SAFE AND HABITABLE CONDITION. Any costs of
such restoration shall be a common expense.

(e)    UNLESS PROVIDED IN THE DECLARATION OR BYLAWS,
FOLLOWING      [Following] the taking of all or a part of any
unit, the    percentage interests appurtenant to the unit
shall be      adjusted in proportion as the amount of floor