(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.
Structure Arkansas Code
Chapter 13 - Horizontal Property Act
§ 18-13-103. Establishment of horizontal property regimes
§ 18-13-105. Plans to be attached to master deed
§ 18-13-106. Additional units in excess of those described in master deed
§ 18-13-107. Waiver and reestablishment of regimes
§ 18-13-109. Modification of administration
§ 18-13-110. Book of receipts and expenditures — Examination
§ 18-13-111. Status of individual units
§ 18-13-112. Ownership and valuation of separate units and common elements
§ 18-13-113. Types of joint ownership
§ 18-13-116. Liability for expenses and assessments
§ 18-13-117. Insurance generally
§ 18-13-118. Application of insurance proceeds to reconstruction
§ 18-13-119. Sharing of reconstruction costs when building not insured or indemnity insufficient