Article 1146

The person who, pursuant to the by-laws, must have the building insured represents the apartment owners in the exercise of the rights resulting from the insurance contract; he administers for them the insurance proceeds received.

As soon as a decision has been taken to make repairs, the insurance proceeds are used for this purpose, in which case the relationship between the values of the apartment rights must be the same after the repairs as before. In calculating that value, however, account may not be taken of the additions which an apartment owner has made to the portion which he uses as a separate unit, unless he had timely notified the association of owners of this fact.

Repairs of damage done to portions which are intended to be used as separate units are made, as much as possible, according to the directives of the apartment owners concerned.

Payment to each apartment owner of his share in the insurance proceeds is only made:

if, after the damage has been repaired, there proves to be a surplus;

if three months have passed after a decision of the association of owners to abandon repairs or further repairs; or

in the event of termination of the division.

The by-laws may derogate from the provisions of this article.