201205485 - Laserfiche WebLink

Browse

2012Q5485 ARTICLE V PARTY WALLS Section 1. General Rules of Law to Abplv. Each wall built as a dividing wall between separate dwellings constructed upon the Lots as part of the original construction of homes upon the properties shall constitute a party wall to be used by the adjoining land Owners as such, notwithstanding the fact that the wall so.constructed, through error in construction or settling of the wall, may not be located precisely on the dividing line between the Lots. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Destruction of Fire or Other Casualtv. If a party wall is destroyed or damaged by fire or other casualty to the extent the same is not covered by insurance any Owner who has used the wall may restore it and shall have and there is hereby created an easement over the premises of the adjoining landown�r for the purpose of construction, of said wall, an dif any other Owner thereafter makes any use of the wall, by commencing of construction on his premises adjoining said wall, such other Owner shall contribute to the cost of restoration thereof in the proportion of which the adjoining Owner uses the wall without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 3. Weatherproofin� Notwithstanding any other provision of this Article, an Owner who by his or her negligent or willful act causes the party wall to the exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 4. Right to Contribution Runs with Land. The right 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. SectiQn 5. Arbitration. In the event of any dispute arising concerning a party wall or under the provisions of this Article, each party shall chose one arbitrator, and such arbitrators shall chose one additional arbitrator, and the. decision shall be by a majority of all the arbitrators. ARTICLE VI GENERAL RESTRICTIONS Section 1. Awnin�s. No awnings or sun screens of any type shall be affixed to'any building or structure within the Properties without the written consent of the Committee. � Section 2. Livestock and Poultrv Prohibited. No animals, livestock, or poultry of any kind shall be raised or kept on any property in the Properties, except household pets, and the Board of Directors may establish and revise from time to time rules and regulations limiting the kind, number and activities of such pets. Section 3. Noxious Activitv. No noxious or offensive activity shall be allowed on the Property, nor shall any trash, ashes, or other refuse be thrown, placed, or dumped upon any vacant building site nor shall anything ever be done with may be or become an annoyance or nuisance to the neighborhood. � Section 4. Outbuildin�s, Playground Equipment Prohibited. No outbuilding or other attached structure appurtenant to any residence may be erected on any of the building sites hereby restricted without the consent in writing of the Committee. No playground equipment may be erected on any of the building sites without the consent in writing of the Committee. 4