201804258 - Laserfiche WebLink

Browse

ARTICLE VII GENERAL RESTRICTIONS 201 804258 Section 1. General Rules of Law to Apply. 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 landowners 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 division 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 by Fire or Other Casualty. 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 landowner for the purpose of construction of said wall, and if any other Owner thereafter makes any use of the wall by commencement 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. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be 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. Section 1. Awnings. 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 Architectural Committee. Section 2. Livestock and Poultry Prohibited. No animals, livestock or poultry of any kind shall be raised or kept on any Lot, except household pets. The breeding of animals or keeping of animals for any commercial purpose is not allowed. Pets such as dogs or cats are permitted, but shall be restrained. Complaints by homeowners of unnecessary barking or destruction caused by pets may be referred to the City of Grand Island, Nebraska, animal control authority. 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 Activity. 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 which may be or become an annoyance or 8