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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) In case of fire or other destruction or damage the regime's insurance indemnity, except as provided in subsection (3) of this section, shall be applied to reconstruct and repair the common elements affected.
(2) Where the destruction and damage is not insured or where the insurance indemnity is not sufficient to cover the cost of reconstruction or repair, the cost (or added cost) shall be paid by the co-owners as a common expense, the council by a majority vote being authorized to borrow funds therefor and to amortize the repayment of same over a period of time, not exceeding the reasonable life of the reconstruction or repairs.
(3) Reconstruction shall not be compulsory where two-thirds (2/3) or more of a building is destroyed provided there are provisions in the master deed or bylaws of the regime making adequate provision for reasonable compensation to those co-owners who are deprived of their interest as the result of the failure to reconstruct and further providing for the recalculation and redistribution of the percentage of common interest.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXII. Ownership and Conveyance of Property § 381.890.Destruction; reconstruction - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxii-ownership-and-conveyance-of-property/ky-rev-st-sect-381-890/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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