Section 1: General Rules of Law to Apply

Each wall which is built as a part of the original construction or re-construction of the home upon the Property and placed on the dividing line between the townhome building plots shall constitute a party wall, and 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. If a wall which is intended as a party wall is situated entirely on one townhome building plot instead of the dividing line between townhome building plots, due to error in construction, such wall shall nevertheless be deemed to be on the dividing line and shall constitute a party wall for the purpose of this Article. Reciprocal easements shall exist upon and in favor of the adjoining townhome building plots for the maintenance, repair and reconstruction of party walls.

Section 2: Sharing of Repair and Maintenance

The cost of reasonable repairs and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.

Section 3: Destruction by Fire or Other Casualty

If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the adjoining owner thereafter shall make use of the wall, he shall contribute to the cost of the restoration thereof in proportion to such use, without prejudice, however, to the right of any such owner restoring such party wall to call for a larger contribution from the adjoining owner under the rules of law regarding liability for negligent of willful acts of omissions.

Section 4: Weatherproofing

Notwithstanding any other provision of this Article, an owner who by his negligence or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protections against such elements.

Section 5: Right to Contribution Runs with Land

The right of any owner to contribution from any adjoining owner under this Article shall be appurtenant to the land and shall pass to such owner’s successors in title.

Section 6: Arbitration

In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decisions shall be by a majority of all the arbitrators. Should any party refuse to choose an arbitrator with ten (10) days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party.