Section 17:
Disposition of property, destruction or damage.
If within sixty days of the date of damage or
destruction to all, or part of any property, or within such further time as the competent authority may,
having regard to the circumstances of the case, allow, the Association of Apartment Owners does not
determine to repair, reconstruct or re-build such property, then, and in that event,--
(a) the property shall be deemed to be owned in common by the apartment owners;
(b) the undivided interest in the property owned in common, which shall appertain to each
apartment owner, shall be the percentage of the undivided interest previously owned by such owner in
the common areas and facilities;
(c) any incumbrances affecting any of the apartments shall be deemed to be transferred in
accordance with the existing priority to the percentage of the undivided interest of the apartment
owner in the property;
(d) the property shall be subject to an action for partition at the suit of any apartment owner in
which event, the net proceeds of sale together with the net proceeds of the insurance on the property,
if any, shall be considered as one fund and shall be divided amongst all the apartment owners in the
percentage equal to the percentage of undivided interest owned by each apartment owner in the
property after paying out, all the respective shares of the apartment owners to the extent sufficient for
the purpose and all charges on the undivided interest in the property owned by each apartment owner.