HomeMy WebLinkAbout2028 owner sharing a party wall shall not possess the right to
cut windows or other openings in a party wall, nor make any
alterations, additions, structural changes or other use of
a party wall which will impair the party wall's strength or
design or injure or impair the value of the adjoining parcel
and dwelling unit.
Section 4. Maintenance and Repair. If it becomes ;
necessary or desirable to repair or rebuild the whole or any
part of a party wall, the attendant expense shall be borne by
the respective adjoining owners thereof, in proportion to the
extent of their use of the wall, or portion thereof affected,
at that time, except that any adjoining owner may agree in
writing on any other means of sharing the expense that is
reasonable at that time. Any reconstruction of a party wall
or part thereof shall be on the same location and erected in
the same manner as that used in the existing party wall and
shall be of the same size and of the same or similar materials
and of like quality, applicable ordinances, statutes and
regulations permitting. Notwithstanding any other provisions
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I of this Article, an owner who by his negligence or willful act
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causes a party wall to be damaged shall bear the whole cost of
repairing such damage.
Section 5. Covenant to Run with Land. Each party wall
described herein is to be used and shall remain a party wall
for the perpetual use and benefit of the respective owners
thereof, their heirs, successors, assigns and grantees and the
benefit and obligations of the party wall covenants herein
shall be covenants running with the land and each parcel herein
shall be conveyed subject to this condition.
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Section. 6. Arbitration. In the event of any dispute
arising under this Article IV concerning a party wall, such
dispute shall be submitted to arbitration. Each party shall
f choose one arbitrator and such arbitrator shall choose one
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LAM OPPiCES OP RIfHARD D. StiEED, dR., P. A.. 700 ~'IRGI\Iw A~ E\CE, SCITE IOZ'-Sep BA\H DLDG., FT. PIERCE. FLORIDA Z.1iS0 (7G5) 463-330 _