Revised Laws of Saint Lucia (2021)

26.   Repair or reconstruction of building

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   (1)   The body corporate shall promptly repair or reconstruct the building where it has sustained damage which—

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      (a)     renders less than 75% of the accommodation in the building unfit for occupation; or

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      (b)     is in excess of that prescribed by paragraph (a) and if within 60 days of the event causing the damage 90% or more in number of the unit owners have resolved that the building be reconstructed.

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   (2)   The proceeds of insurance (if any) shall be used for the purpose of the repair or reconstruction of the building under this section and any deficiency is hereby declared to be common expenses.

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   (3)   Where under subsection (1) it becomes the duty of a body corporate to repair or reconstruct the building the body corporate shall without undue delay draw up a scheme for the purpose and, if such scheme (either in its original or amended form) is approved by special resolution, it shall be binding on the body corporate and all unit owners.

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   (4)   Where a scheme drawn up under subsection (3) is not approved as required by that subsection, the body corporate shall file a scheme in the Court which may after hearing any objections on behalf of individual unit owners settle a scheme, which having regard to the rights and interests of unit owners generally appears just and equitable for the repair or reconstruction of a damaged building under this section.

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   (5)   A scheme settled by the Court under subsection (4) may include provision for—

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      (a)     permitting any unit owner whose unit has been damaged and who does not agree to participate in the scheme to transfer his or her unit and his or her interest in the common property to the other unit owners on the payment of such compensation as the Court thinks just;

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      (b)     the reinstatement of part only of the building; and

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      (c)     the transfer of the interests of some unit owners to other unit owners in proportion to their unit entitlement.

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   (6)   In the exercise of its powers under subsections (4) and (5) the Court may make such orders as it thinks necessary or expedient for giving effect to the scheme including orders—

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      (a)     directing how insurance moneys received in respect of damage to the building shall be applied;

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      (b)     directing such consequential amendments of the declaration and bye-laws relating to the building as it thinks necessary; and

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      (c)     imposing such terms and conditions as it thinks fit.

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   (7)   Where an application to the Court is made under this section any insurer who has effected insurance on the building or any part thereof (being insurance against damage to the building) may appear in person or by attorney-at-law.

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   (8)   On any application under this section the Court may make such order for the payment of costs as it thinks fit.