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84003208
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11/20/2008 4:59:33 PM
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11/20/2008 4:59:32 PM
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84003208
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<br />r <br /> <br />ARTICLE VI <br />PARTY WALLS <br /> <br />84 - 003208 <br /> <br />Section 1, General Rules of Law to AaPlt' Each wall <br />built as a dividing wall between separate we lings constructed <br />upon the Lots as part of the original cOIlstructiortof homes <br />upon the properties shall constitute a party wall to be used <br />by the adj oining land owners as such, notwiths ta.nding the fact <br />that the w.:lll so ronstructed, through error in cortstruction <br />or settling of the wall, may not be located precisely on <br />the dividing line between the Lots. To the extentnotincon- <br />sistent with the provisions of this Article,. the general <br />rules of law regarding party walls and liability for pt'operty <br />damage due to negligence or willful acts oromissionssha.ll <br />apply thereto. <br /> <br />Section 2. Destruction by Fire or OtherCasualt:y. rfa <br />party wall is destroyed or damaged by fire or other casualty <br />to the extent the same is not covered by insurance, any OWner <br />who has used the wall may restore it and shall have and there <br />is hereby created an easement over the premises of the <br />adjoining landowner for the purpose of construction of said wall, <br />and if any other Owner thereafter makes any use of the wall, <br />by commencement of construction on his premises adjoining <br />said wall. such other Owner shall contribute to the cost of <br />restoration thereof in the proportion of which the adjoining <br />Owner uses the wall without prejudice, however, to the right <br />of any such Owners to call for a larger contribution from the <br />others under any rule of law re.garding liability for negligent <br />or willful acts or omissions. <br /> <br />Section 3. Weather,oofing, Not.withstanding any other <br />provision of this~Article. an OWner who by his or her negligent <br />or willful act. causes the party wall to be exposed to the <br />element.s shall bear the whole Cost of furnishing the necessary <br />protection against such elements, <br /> <br /> <br />The <br />under <br />pass <br /> <br />Section 5, Arbitrat.ion. In the event of any dispute <br />arising concerning a parcy"wall or under the provisions of <br />this Art,iele. each party shall chose one arbitrator, and <br />such arbitrators shall chose one additional arbitrator, and <br />the decision shall be by ,I majority of aU the arbitrators, <br /> <br />ARTICLE VII, <br />gENERAL RESTRICTIONS <br /> <br />Section 1" Awnings. No awnings or sun sc;;reens of any <br />type Sfiillt':le"'affixed to any building or structure within <br />the Properties without the written consent of the Committee, <br /> <br />L <br /> <br />Sec;;tion 2. Livestock and Poultrr Prohibited, No animals, <br />livestock, or poultry of any kind sha 1 be raised or kept <br />on any property in the p. ro. per ties , . except househol. d pets, <br />and the Board of Directors may establish and revise from <br />ti.me to timeru.les and regulations limiting the kind, number <br />and activities of such pets. <br /> <br />Section J. Noxious Activit)'. No noxious or offensive <br />activity SliiIT be allowed on the Property. nor shall any trash, <br />ailhea, or other refuse be thrown, placed, or clumped upon any <br />vacant building site nor shall anything ever be done which <br />may be or become an annoyance or nuisance to the neighborhood, <br /> <br /> <br />
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