Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 398 · cap/398 (Cap. 398)

Cap. 398 Art. 14Total or partial destruction of the condominium.

In KraftAmtlicher Text

(1) Unless otherwise agreed to by all the condomini or unless it is otherwise provided in the title, if a condominium is completely or substantially destroyed, any condominus may request the licitation of the entire condominium.

(2) In the case of a destruction, not being a complete or substantial one, of the condominium, the meeting shall discuss and decide on the reconstruction of the common parts.

(3) Each condominus shall be bound to reconstruct his unit, and to effect, at all times, any necessary repairs therein to maintain it in good condition.

(4) The provisions of subarticles (1), (2) and (3) shall apply without prejudice to any right for damages which the condominus, or the condomini, may have against another condominus or other condomini.

(5) Where all the condomini so agree, the administrator is to insure the condominium in respect of damage and, or destruction.

(6) Each condominus shall have the right to make additional insurance in respect of the part of the condominium held pro diviso by him.

(7) The expenses for the reconstruction and for insurance referred to in subarticle (5) shall be borne by the condomini in proportion to their shares in the condominium in terms of subarticle

(1) of article 6.

(8) Any condominus who feels that his share in respect of the expenses as determined in subarticle (7) is not fair considering the value of his ownership rights in the condominium may refer the matter to arbitration. Such referral shall be regulated as follows:

(a) such referral shall be made not later than three months from the date when he is informed of the amount of his share;

(b) the administrator and the other condomini shall be whole condominium.