HomeMy WebLinkAbout0145 wall(s), and each townhouse unit owner shall have the right
to full use as herein set forth of said wall(s) as repaired
or rebuilt. In the event it shall become necessary or desirable
to perform maintenance upon the whole or any part of said
party wall(s), such expense shall be shared equally by the
owners of the adjoining townhouse units, or their successors
in title. Whenever any such party wall or any part thereof
shall be repaired or rebuilt, it shall be constructed in
the same manner and in the same location where it shall initially
have been constructed, and shall be of the same size and
of the same or similar materials and of like quality; provided,
however, that if such maintenance, repair or rebuilding is
necessitated by the neglect or wilful-misconduct. of any one
townhouse unit owner, any expense incidental thereto shall
be borne solely by such unit owner. If any townhouse unit
owner shall refuse to pay his share, the other townhouse
unit owner(s) affected may have such wall maintained, repaired
or rebuilt and shall be entitled to a lien upon the townhouse
of the unit owner so failing to pay his share of the cost.
If a townhouse unit owner shall give, or shall have given,
a mortgage or mortgages upon his townhouse unit, then, and ~
in that event, the mortgagee shall have the full right at _
t its option to exercise the rights of his mortgagor as a unit
j
owner hereunder and, in addition, the right to add to the i
outstanding balance of said mortgage any amounts paid by
the mortgagee hereunder and-not reimbursed to said mortgagee
by the townhouse unit owner. If a townhouse unit owner shall
cease to use the wall declared a party wall hereby, he shall
be deemed to have abandoned all his rights thereto, and the
wall shall become the property of the adjacent townhouse
unit owner who shall have an easement upon the land under
the wall so long as the wall shall be used by him. Any townhouse
unit owner removing his improvements from a party wall or
making use of a party wall shall do so -in such manner as
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t FEE. KOBLEGARD 81 TEEL. P. A.
4 ATTORNE1/s AT LAW QR
POST OFFIC[ dOX 1000 eornc334 P~cE 145
FORT PIERCE. •LORIOA 39460
Tc~~PHONC:19051461-4020
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