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The Association shall have the right to file a lien against the
sh 1 f it to -make his
property of such Dwelling Unit Owner who al a
required assessment payments. The lien for unpaid assessment
shall also secure reasonable attorney's fees incurred by the
Association incident to the collection of such assessment or
enforcement of such lien.
- F. Insurance Trustee. The Board of Directors of the
Tarpon Bay Villas Homeowners Association shall designate a Trustee
which shall be a Florida bank with trust powers, to receive the
proceeds of any insurance policies under terms and conditions to
be established by the Board of Directors of the Association.
ARTICLB VIII
` PARTY WALL FACILITTSS
A. This Declaration of party wall facilities shall be a
covenant running with the land. Upon the completion of each
structure containing four (4) separate Dwelling Onits, the common
walls- shall be party walls 'for the perpetual benefit of, and use
by the Dwelling Unit Owners, the Owners-' heirs, assigns,
successors or grantees.
B. In the event of damage, or destruction of the party
~ walls, other than the negligence or willful misconduct of a
Dwelling Unit Owner, the affected Dwelling Unit Owners shall, at
their joint expense, repair and rebuild said wall(s), and each
Dwelling Unit Owner shall have the right to full use as herein
contained of said wall(s) repaired or rebuilt. In the event it
shall become necessary or desirable to perform maintenance upon
the whole or any part of the party walls, such expenses as is not
covered by insurance shall be shared equally by the Owners of
adjoining Dwelling Units or their successors in title. Whenever
such wall or any part thereof shall be re-built, it shall be
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erected in the same manner and at the same location where it shall
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initially be constructed, and shall be of the same size and of the
E same or similar materials and of like quality. Provided, that if
such maintenance, repair or construction is brought about solely
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X331 PEE 991