Where the property is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the rebuilding 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 in the bylaws; and if any one or more of those composing the minority shall refuse to make such payments, 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.
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.
HISTORY: 1962 Code Section 57-519; 1962 (52) 1866; 1967 (55) 449.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 31 - Horizontal Property Act
Section 27-31-10. Short title.
Section 27-31-20. Definitions.
Section 27-31-30. Establishment of horizontal property regime.
Section 27-31-40. Apartments may be purchased, owned, and the like.
Section 27-31-50. More than one person may own apartment.
Section 27-31-60. Property rights of apartment owner.
Section 27-31-70. Common elements shall not be divided.
Section 27-31-80. Use of common elements.
Section 27-31-90. Incorporation of co-owners.
Section 27-31-100. Master deed or lease; contents.
Section 27-31-110. Plot plan and building plan.
Section 27-31-120. Designation of apartments on plans; conveyance or lease of apartment.
Section 27-31-130. Waiver of regime and merger of apartment records with principal property.
Section 27-31-140. Merger as bar to subsequent horizontal property regime.
Section 27-31-150. Administration of property; bylaws.
Section 27-31-160. Provisions required in bylaws; modification of system of administration.
Section 27-31-170. Compliance with bylaws, rules, and regulations; remedy for noncompliance.
Section 27-31-180. Records of receipts and expenditures.
Section 27-31-190. Expenses shall be shared.
Section 27-31-200. Unpaid assessments; payment upon sale.
Section 27-31-220. Liability of purchaser of apartment.
Section 27-31-230. Liens arising subsequent to recording of master deed or lease.
Section 27-31-250. Repair or reconstruction; vote of co-owners; application of insurance proceeds.
Section 27-31-260. Sharing expenses in case of fire or other disaster.
Section 27-31-270. Assessment and collection of taxes.
Section 27-31-280. Council of co-owner's right of access.
Section 27-31-290. Limitation on liability of co-owners for common expenses.
Section 27-31-300. Effect on contracts entered into before June 6, 1967.
Section 27-31-410. "Conversion of rental units to condominium ownership" defined.
Section 27-31-430. Disclosure of physical condition of building.