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other provisions of this Article~ any Owner shall have the
right to call for a larger contribution from any of the other
Owners under any rule of law regarding liability for
negligent or willful acts or omissions.
Section S. Covenant to Run With Land and Ri~ht
of Contribution. Notw~thstan~ing any herein to the contrary.
eac~P'arty ~Ta1T described herein is to be 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 benefits 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. The righ~ of any Owner 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. Weatherproofin~. Notwithstanding any other
provision of this Artic~e, an Owner who by his negligent
or willful acf causes the party wall to be exposed to the
elements, shall bear the whole cost of furnishing the necessary
protection against such elements.
Section 7. Arbitration. In the event of any dispute
arising under this Article ~il concerning a Party Wall. such dispute
be submitted to arbitration. Each party shall choose one
arbitrator, and such arbitrators shall choose one additional
arbitrator. The decision of a majority of all the arbitrators
shall be binding upon the parties.
ART~CLE V
USE RESTRICTIONS "
The real property which is the subject of this
Declaration shall be occupied and used only as follows:
Section 1. Each Parcel with Townhouse situated
thereon shall only be used for single familv private residential
purposes and-for no other purposes, and no business of any
kind shall be conducted on any Parcel~. provided, however,
that the foregoing shall not be construed as preventing
leasing of a Townhouse to a tenant or tenants for private
residential purposes. Notwithstanding the faregoing, Declarant
and its agents shall be permitted to use any Parcel with
Townhouse thereon owned by Declarant as a model~ in connection
with the program to sell the Parcels.
Section 2. There shall not be erected, maintained,
operated, carried on, permitted or conducted upon any Parcel or
in any Townhouse any thing or activity which sha21 be or becone-
noxious or offensive or an annoyance or nuisance to the Owner
or Owners of other Parcels.
Section 3. No sign of any kind shall be displayed
to public view on a Parcel or Townhouse without prior written
consent.of th~e Association, except cus~omary name and address
signs and lawn signs of not more_than five (S) square feet
in size advertising a Parcel or Townhouse for sale or rent.
Notwithstanding the foregoing, De~larant may without consent
of the Association place any sign or other advertising device
of any character~npon any Parcel or Townhouse it owns in order
to sell or rent it.
Section 4. Nothing shall be done or kept on a Parcel
or in a Townhouse, including the areas over which Easements for
parking and ingress and egress have previously been declared
herein, which would increase the rate of insurance relating
thereto without prior written consent of the Association, and
no Owner shall permit anything to be done or kept on his Parcel
or Townhouse which would result in the cancellation of insurance
on any Parcel or Townhouse or which would be in violation of
any law. ~
g~oK 348 PACE 1228
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