(1) The Board or Manager -
(a) shall have, if requested so to do by a mortgages having a first mortgage covering an Apartment(Flat), the authority to, and
(b) shall, if required so to do by the bye-laws or by a majority of the Apartment(Flat) owners, obtain insurance for the property against loss or damages by fire or other hazards under such terms and for such amounts as shall be so requested or required.
(2) Such insurance coverage shall be written on the property in the name of such Board or Manager as trustee for each of the Apartment(Flat) owners in the percentages specified in the bye-laws.
(3) The premium payable in respect of every such insurance shall be Common expenses.
(4) The provisions of sub-section (1) to (3) shall be without prejudice to the right of each of the Apartment(Flat) owner to insure his own Apartment(Flat) for his benefit.
25. 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 times as the competent authority may, having regard to the circumstances of the case, allow, the Association of Apartment(Flat) Owners does not determine to repair, reconstruct or re-build property, then, and in that event.
(a) the property shall be deemed to be owned in Common by the Apartment(Flat) owners;
(b) the undivided interest in the property owned in Common which shall appertain to each Apartment(Flat) owner, shall be the percentage of the undivided interest previously owned by such owner in the Common areas and facilities;
(c) any incumbencies affecting any of the Apartment(Flats) shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the Apartment(Flat) owner in the property;
(d) the property shall be subject to an action for partition at the suit of any Apartment(Flat) 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(Flat) owners in the percentages equal to the percentage of undivided interest owned by each Apartment(Flat) owner in the property after paying out, all the respective shares of the payment by the owners to the extent sufficient for the purpose and all charge on the undivided interest in the property owned by each Apartment(Flat) owner.
26. Action -
(1) Without prejudice to the rights of any Apartment(Flat) owner, action may be brought by the Board or Manager, in either case in the discretion of the Board on behalf of two or more of the Apartment(Flat) owners as their respective interest >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 2 Qjojh] 2012 44 may appear, with respect to any cause of action relating to the Common areas and facilities or more than one Apartment(Flat).
(2) The service of process on two or more Apartment(Flat) owners in any action relating to the Common areas and facilities or more than one Apartment(Flat) may be made on the person, designated in the bye-laws to receive service of process.