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t, ~; (b) The respective interest of each unit owner in the property shall be determined by the provisions of ORS ~ ~~ : 100.610 which aze in effect on the date the Condominium I~claration is recorded; ~ ti (c) Any liens affecting any of the units shall be deemed to be transferred in accordance with the ~ existing priorities to the undivided interests of the unit owners in the pmject; and " (d) The Condominium shall be subject to an action for paztition at the suit of any unit owner. If a decree of.paztido~r orders the sale of the Condominium property, the net proceeds of sale, together with the net proceeds of the policies of insurance on the Condominium, if any, shall be considered as one fund and shall be divided among all of the unit owners in proportion to their respective undivided interests after first ~ paying, out of the respactive shazes of the owners, to the eztent such shane is sufficient for the purpose, all liens on the undivided interest in the pmject owned by each unit owner. ~_~ . ~ ~ - _3. ARCHITECT'URAL CHANGES AFTER DAMAGE OR DESTRUCTTON. Reconstruction of the ~ damaged or destroyed building as us~ ia this Article means restoring the bnildings to substantially the ~ same condition in which they existed prior to the ~ fire, casualty or disaster and shall be performed -' substantially in accordance with the Declazation and the original plans and spec~cations. Such reconstruction shall be accomplished under the direction of the manager or the Boaed of Directors. 3 Notwithstanding all other provisions hereof, the unit owners may, by an affirmative vote of sufficient unit ~ owners to amend these Bylaws, cause an amendment to be made to the-Condominium documents so as to facilitate arclutectural changes that the unit owners affected thereby and the Associa.tion deem desirable if, and only if, the partial or total desttuction~ of the Condominium, or any bnildings thereof, by fire, casualty or any other disaster, is so great as to require the substantial reconstruction of the whole of the s. Condominium or said buildings. Provided, however, any such amendment of such Condominium documents shall be valid only upon (1) compliance with all applicable provisions of the Oregon Condominium Act; (2) approval by the Oregon Real Estate commissioner; and (3) recording thereof with ~ the reconding officer of Marion County. 4. REALLOCATION OF PERCFIVTAGE INTEREST. In the event of a paztial destruction of the Condominium buildings or units therein, the unit owners may not reallocate percentage interest in the ,~ ~ common elements without compliance with the Oregon Condominium Act and other provisions of the Declaration, any applicable Supplemental Condominium Declaration and Bylaws. ARTICLE X -' CONDEMNATION ' . The Boazd af Directors shall have the sole authority to negotiate• with any public or private body or ~-' rson havin the wer of eminent domain and to sue or defend in an liti ation involvin such bodies or persons withgrespe~t to the common e~en~ents of the Condominium, and shagll assist any u ut owner whose unit or a part thereof is the subject of any condemnation or eminent domain proceeding. In the event of a taking or acquisition of part or all of the common elements by a condemning authority the awazd or proceeds of settlement shall be payable to the Association, or any tiustee, for the use and benefit of the unit owners as their interest may appear. The Board of Directors shall distribnte the proceeds of any such award or settlement on a reasonable and equitable basis among the unit owners. ~ ARTICLE XI t A~MENDMENTS TO B l~ . These Byiaws may be amended by the Association in a duly constituted meeting called for such purpose, ~} and no amendment shall take effect unless approved by all unit owners. Any amendments adopted hereby ~ shall be reduced in writing, certified by the Chair and Secretary of the Association of Unit Owners to be the 3 Bylaws Courthouse Square Condominium - Page - 12 1026980258