(a) In case of fire or other disaster the insurance indemnity shall, except as provided in the next succeeding subsection of this section, be applied to reconstruct the project.
(b) Reconstruction shall not be compulsory where destruction comprises the whole or more than two-thirds of the project and other improvements in a condominium project. In such cases, 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 provisions made by the bylaws or in accordance with a decision of three-fourths of the co-owners, if there be no bylaw provision, after first paying off, out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the unit of each co-owner. Should it be proper to proceed with the reconstruction, the provision for such eventuality made in the bylaws shall be observed, or in lieu thereof, the decision of the council of co-owners shall prevail, subject to all provisions of law and regulations of the District of Columbia then in effect.
(Dec. 21, 1963, 77 Stat. 458, Pub. L. 88-218, § 21; May 22, 1975, D.C. Law 1-3, § 2(2), (3), 21 DCR 3945.)
1981 Ed., § 45-1721.
1973 Ed., § 5-921.
This section is referenced in § 42-2011.
Supersedure of chapter: See Historical and Statutory Notes following § 42-2001.
Structure District of Columbia Code
Chapter 20 - Horizontal Property Regimes
§ 42–2003. Establishment by subdivision
§ 42–2004. Transfer of individual units; incidents of real property; recordation
§ 42–2005. Joint tenancies, tenancies in common, tenancies by the entirety
§ 42–2007. Indivisibility of common elements; limitation upon partition; exception thereto
§ 42–2008. Use of elements held in common; right to enter units for certain repairs
§ 42–2009. Plat of condominium subdivision — Contents thereof; certification and recordation
§ 42–2012. Merger no bar to reconstitution
§ 42–2014. Plat of condominium subdivision — Necessary; modification of administration
§ 42–2015. Books of receipts and expenditures; availability for examination; annual audit
§ 42–2017. Priority of liens; unpaid assessments upon sale or conveyance
§ 42–2027. Subchapter supplements existing code provisions; exception where conflict arises
§ 42–2028. Regulations of Council and Zoning Commission; enforcement thereof
§ 42–2030. Right to individual water meters; common water service authorized; billing and collection
§ 42–2031. Authority vested in Board of Commissioners unaffected; delegation of functions