2010 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 13 - Horizontal Property Act
§ 18-13-119 - Sharing of reconstruction costs when building not insured or indemnity insufficient.

18-13-119. Sharing of reconstruction costs when building not insured or indemnity insufficient.

(a) When the building is not insured or when the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage in proportion to the value of their respective apartments, or as may be provided by the bylaws.

(b) If any one (1) or more of those composing the minority shall refuse to make such payment, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners.

(c) The provisions of this section may be changed by unanimous resolution of the parties concerned adopted subsequent to the date on which the fire or other disaster occurred.

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