2017 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

Universal Citation: AR Code § 18-13-119 (2017)
  • (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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