2020 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 13 - Horizontal Property Act
§ 18-13-118. Application of insurance proceeds to reconstruction

Universal Citation: AR Code § 18-13-118 (2020)
  1. (a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b) of this section, be applied to reconstruct the building.

  2. (b) Reconstruction shall not be compulsory when it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (¾) of the co-owners if there is no bylaw provision.

  3. (c) Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof the decision of the council of co-owners shall prevail.

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