HomeMy WebLinkAbout0992 by the neglect or the willful misconduct of one (1) Dwelling Unit
Owner, any expense incidental thereto shall be borne solely by
such wrongdoer. If the Dwelling Unit Owner shall refuse to pay
his share of all or part of such cost in the case of negligence or
willful misconduct, any other Dwelling Unit Owner who shares said
party wall ~aay have such wall repaired or reconstructed and shall
be entitled to a lien on the Dwelling Unit of the Owner so failing
to pay-for the amount of such defaulting Owner's share of the
repair or replacement. If a Dwelling Unit Owner shall give, or
shall have given, a mortgage or mortgages upon his. Dwelling Unit,
then the mortgagee shall have the full right at his option to
exercise the rights of his mortgagor as an Owner hereunder and, in
addition, the right to add to the outstanding balance of such
mortgage any amounts paid by the mortgagee for repair hereunder
and not reimbursed to. said mortgagee by the Dwelling Onit Owner.
C. Any Dwelling Unit Owner who removes his improvements
from the party wall or makes use of the party wall shall do so in
such a manner as to preserve. all of the rights of the adjacent
Dwelling Unit Owner in the wall. The adjacent Owner shall be held
harmless from all damages caused to the party wall by actions of
G the adjacent Dwelling Onit Owner. In the event repair or
reconstruction shall be necessary, all necessary entries on the
adjacent Dwelling Unit shall not be deemed a trespass so long as
the repair and reconstruction shall be done in a workmanlike
manner and consent is hereby deemed to be given to enter upon the
~ adjacent Dwelling Unit to effect any necessary repairs and
reconstruction.
ARTICLE IX
GENERAL PROVISION
1. Duration and Remedies for Violation. The Amended
Covenants, Restrictions and Easements of this Declaration shall [
i f
run with and bind the Property, and shall inure to the benefit of
and be enforceable by the Developer, the Association or the Owner
of any Property subject to this Amended Declaration, their
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