Title 44, Chapter 3, Section 94
( 44-3-94)
Unless otherwise provided in the condominium instruments, in the
event of damage to or destruction of any unit, the association shall
cause the unit to be restored. Unless otherwise provided in the
condominium instruments, any funds required for such restoration in
excess of the insurance proceeds attributable thereto shall be paid
by the unit owner of the unit; provided, however, that, in the event
that the unit owner of the unit together with the unit owners of
other units to which two-thirds of the votes in the association
pertain agree not to restore the unit, the unit shall not be
restored and the entire undivided interest in the common elements
pertaining to that unit shall then pertain to the remaining units,
to be allocated to them in proportion to their undivided interests
in the common elements, and the remaining portion of that unit shall
thenceforth be a part of the common elements. Votes in the
association and liability for future common expenses shall thereupon
pertain to the remaining units, being allocated to them in
proportion to their relative voting strength in the association and
liability for common expenses, respectively. As to insurance
required to be maintained by the association under this article and
to the extent provided for in the condominium instruments, the
association may allocate equitably the payment of a reasonable
insurance deductible between the association and the unit owners
affected by a casualty against which the association is required to
insure; provided, however, that the amount of deductible which can
be allocated to any one unit owner shall not exceed $1,000.00 per
casualty loss. The existence of a reasonable deductible in any
required insurance policy shall not be deemed a failure to maintain
insurance as required by this Code section. |