70-23-805 . Effect of removal -- subject to partition -- sale. If the property is removed from the provisions of this chapter, as provided in 70-23-801 through 70-23-803 , it shall be subject to an action for partition at the suit of any unit owner. 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 among the unit owners in proportion to their respective undivided interests after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner.
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