WVC 36 A-
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
WVC 36 A- 8 -
ARTICLE 8. MISCELLANEOUS.
WVC 36 A- 8 - 1
The council shall, if required by the declaration, the code
of regulations or by a majority of the unit owners, insure the
building against loss or damage by fire and such other hazards as
shall be required or requested, without prejudice to the right of
each unit owner to insure his own unit for his own benefit. The
premiums for such insurance on the building shall be deemed
WVC 36 A- 8 - 2
§36A-8-2. Repair or reconstruction.
Except as hereinafter provided, damage to or destruction of
the building or of one or more of several buildings which
comprise the property shall be promptly repaired and restored by
the council using the proceeds of insurance held by the council,
if any, for that purpose, and the unit owners directly affected
thereby shall be liable for assessment for any deficiency in
proportion to their respective undivided ownership of the common
elements: Provided, however,
That if there is substantially
total destruction of the building or of one or more of several
buildings which comprise the property, or if seventy-five percent
of the unit owners directly affected thereby duly resolve not to
proceed with repair or restoration, then, and in that event, the
salvage value of the property or of the substantially destroyed
building or buildings shall be subject to partition at the suit
of any unit owner directly affected thereby, in which event the
net proceeds of sale, together with the net proceeds of insurance
policies held by the council, if any, shall be considered as one
fund and shall be divided among all the unit owners directly
affected thereby in proportion to their respective undivided
ownership of the common elements, after discharging, out of the
respective shares of unit owners directly affected thereby, to
the extent sufficient for the purpose, all liens against the
units of such unit owners.
WVC 36 A- 8 - 3
If any provision of this chapter, or any section, sentence,
clause, phrase or word, or the application thereof in any
circumstance is held invalid, the validity of the remainder of
the chapter and of the application of any such provision,
section, sentence, clause, phrase or word in any other
circumstances, shall not be affected thereby.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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