Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 2239
Repair or reconstruction
Except as hereinafter provided, damage to or destruction of the building or of 1 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 1 or more of several buildings which comprise the property and if 75 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 1 fund and shall be divided among 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.
Amendment history
54 Del. Laws, c. 282; 58 Del. Laws, c. 117.
Source: view the official text
In this title (40 sections)
- 25-2219 · Contents of declaration
- 25-2220 · Declaration plan
- 25-2221 · Contents of deeds of units
- 25-2222 · Mortgages and other liens of record affecting property at…
- 25-2223 · Sales, conveyances or leases of or liens upon separate units
- 25-2224 · Instruments recordable
- 25-2225 · Recording a prerequisite to effectiveness of certain…
- 25-2226 · Place of recording
- 25-2227 · Indexing by recording officer
- 25-2228 · Recording fees
- 25-2229 · Procedure
- 25-2230 · Effect of removal
- 25-2231 · Resubmission
- 25-2232 · Assessments and taxes
- 25-2233 · Assessment of charges
- 25-2234 · Method of enforcing charges
- 25-2235 · Mechanics’ liens against units
- 25-2236 · Unpaid assessments at time of execution sale against a unit
- 25-2237 · Unpaid assessments at time of voluntary sale of a unit
- 25-2238 · Insurance
- 25-2239 · Repair or reconstruction
- 25-2240 · Ownership of land
- 25-2241 · Notice and record of meetings
- 25-2242 · Display of flags
- 25-2243 · “For Sale” signs
- 25-2244 · Repair and replacement reserve as a percentage of budget
- 25-2245 · Compliance phase-in
- 25-2246 · Exceptions for nonresidential condominiums
- 25-2501 · Authorization and effect
- 25-2601 · Short title [For application of this section, see 79 Del.…
- 25-2602 · Definitions [For application of this section, see 79 Del.…
- 25-2603 · Right to lien [For application of this section, see 79 Del.…
- 25-2604 · Claim of lien [For application of this section, see 79 Del.…
- 25-2605 · When to file the affidavit and notice of broker’s lien [For…
- 25-2606 · Form of affidavit and notice [For application of this…
- 25-2607 · Notice of lien to be mailed [For application of this section,…
- 25-2608 · Lien void if not filed timely [For application of this…
- 25-2609 · Escrow of lien amount [For application of this section, see…
- 25-2610 · Enforcement of lien [For application of this section, see 79…
- 25-2611 · Costs, expenses, and attorneys’ fees [For application of this…