HomeMy WebLinkAbout2480 ARTICLB VI
~ PARTY ~1AI.LS
Section 1. General Rules of Law to Appiy. Each wall Which is built as
part of the original construction of the homes upon 1he Properties and placed on ~
the dividing line between the Lots shall constitute a party Wall, and to the extent
not inconsistent vith the provisions of this Article, the general rules of law
regarding party walls and of Iiability-for property 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 O~mers who make use
of the vall iri proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is
destroyed or damaged by fire or other casualty, any Owner who has used the wall -
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
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contribution from the others under any rule of law regarding liability for negli-
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gent or willful acts or omissions. _ ~
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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- ~ ~
~ tection against such elements.
~ Section S. Right 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 ~
~ the land and shall pass to such Owner's successors in title. ~
Section 6. Arbitration. In the event of any dispute arising concerning
~ a party wall, or under the provisions of this Article, each party shall choose
~ -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
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of the question involved.
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