§ 34-36-29 — § 34-36-29. Insurance.

§ 34-36-29. Insurance.

(a) The manager, management committee, or association of unit owners, if required by the declaration, bylaws, or by a majority of the unit owners, or at the request of a mortgagee having a first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and other hazards under the terms and for amounts as shall be required or requested. Insurance coverage shall be written on the property in the name of the manager, management committee, or association of unit owners, as trustee for each of the unit owners in the percentages established in the declaration. Premiums on insurance shall be common expenses. Provision for insurance shall be without prejudice to the right of each unit owner to insure his or her own unit for his or her benefit. Provided, however, a unit's owners insurance policy shall become the primary insurance policy with respect to any loss covered by the association's policy but not payable under the association's policy because of the application of the deductible.

(b) In the event a unit owner sustains damage to their unit as a result of an event that is covered under the insurance coverage purchased in accordance with subsection (a), then, upon written request to the condominium association, the unit owner shall be entitled to a written copy from the condominium association of the insurance company damage appraisal, or any damage appraisal in regard to damage to the owner's unit, within fourteen (14) calendar days of the date of the unit owner's request, or within fourteen (14) days of the association's receipt of the damage appraisal, whichever is later. If coverage for the damage to a unit is denied for any reason, or is deemed to be valued below the policy deductible, then the unit owner shall also be entitled to receive, from the association, a copy of the letter detailing the determination.

Legislative History

P.L. 1963, ch. 181, § 1; P.L. 2016, ch. 433, § 1; P.L. 2016, ch. 434, § 1; P.L. 2023, ch. 105, § 1, effective June 19, 2023; P.L. 2023, ch. 106, § 1, effective June 19, 2023.