HomeMy WebLinkAbout2460 ARTICLE VI
PARTY WALLS
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Section 1. General Rules of Law to Appiy. Each wall which is built as i
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part of the original construction of the homes upon The Properties and placed on
the dividing line between the Lots shall constitute a party wall, and to the extent
not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and of liability for praperty damage due to negligent or
willful acts or omissions shall apply thereto. _
Section 2. Sharing of Repair and Maintenance._• The cost of reasonable
repair and maintenance of a party wall shall be shared by the Owners who make use
of the wall in proportion to such use.
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~ Section 3. Destruction by Fire or Other Casualty. If a party wall is ~
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destroyed or damaged by fire or other casualty, any Owner who has used the wall ;
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may restore it, and if the other Owners thereafter make use of the wall, they
shall contribute to the cost of restoration ttiereof in proportion to such use
without prejudice, however, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for negli- ~ }
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gent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this
Article, an Owner who by his negligent or willful act causes the party wall to be ~
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€ exposed to the elements shall bear the whole cost of furnishing the necessary pro- ?
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~ tection against such elements. ~
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f Section S. Ri~ht to Contribution Runs with the Land. The right of any Owner
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~ to contribution from any other Owner under this Article shall be appurtenant to
~he land and shall pass to such Owner's successors in title. :
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Section 6. Arbitration. In the event of any dispute arising concerning ;
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a party wall, or under the provisions of this Article, each party shall choose ;
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~ one arbitrator, and such arbitrators shall choose one additional arbitrator, and ~
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~ the decision of a majority of all the arbitrators shall be final and conclusive a
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.~.J of Lhe question involved. ~
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