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proportion to the respective Allocated Interests of those Units before the taking, and the
Association shall promptly prepare, execute, and record an amendment to the Declaration
reflecting the reallocations. Any remnant of a Unit remaining after part of a Unit is taken under
this section is thereafter a Common Element.
15.2 Partial Unit Condemnation. Except as provided in Section 15.1, if part of a Unit
is acquired by condemnation, the award must compensate the Unit Owner for the reduction in
value of the Unit and its appurtenant interest in the Common Elements, whether or not any
Common Elements are acquired. Upon acquisition, unless the decree otherwise provides:
(a) that Unit's Allocated Interests are reduced in proportion to the reduction in the size of the
Unit, and (b) the portion of the Allocated Interests divested from the partially acquired Unit are
automatically reallocated to that Unit and the remaining Units in proportion to the respective
Allocated Interests of those Units before the taking, with the partially acquired Unit participating
in the reallocation on the basis of its reduced allocated interests.
15.3 Common Element Condemnation. If part of the Common Elements is acquired by
condemnation, the portion of the award attributable to the Common Elements taken shall be paid
to the Owners based on their respective interests in the Common Elements. Any portion of the
award attributable to the acquisition of a 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.
15.4 Recording of Judgment. The court judgment shall be recorded in Island County.
15.5 Association to Represent Owners. The Association shall represent the Unit
Owners in any proceedings, negotiations, settlements or agreements regarding a condemnation of
any part of the Condominium, and any condemnation proceeds shall be payable to the
Association for the benefit of the Owners of affected Units and their Mortgagees. Should the
Association not act on the Owners' behalf in a condemnation process, the affected Owners may
individually or jointly act on their own behalf.
ARTICLE 16. COMPLIANCE WITH DECLARATION
16.1 Enforcement. Each Owner shall comply strictly with the provisions of this
Declaration, the Bylaws and administrative rules and regulations passed hereunder, as the same
may be lawfully amended from time to time, and with all decisions adopted pursuant to this
Declaration, the Bylaws and administrative rules and regulations. The Board may, after notice
and an opportunity to be heard, levy reasonable fines in accordance with a previously established
schedule adopted by the Board and furnished to the Owners for violations of the Governing
Documents. Failure to comply shall be grounds for an action to recover sums due for damages,
or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of
the Owners), or by the aggrieved Owner on his or her own against the party (including an Owner
or the Association) failing to comply. In the event of a dispute, the prevailing party shall be
entitled to recover from the other party reasonable attorney's fees and other costs incurred.
Owners shall be responsible for the actions of their tenants, residents, guests, employees, agents,
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