SU0004847 - Laserfiche WebLink

Home Browse Search

line between the side yards or rear yards of the Lots shall be treated in the same manner as 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. 11.1.2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a common wall or fence shall be shared equally by the Owners of the Lots sharing such common wall or fence. However, each Owner shall be solely responsible for repainting the side of any such wall or fence which faces his Lot. 11.1.3. Destruction by Fire or Other Casualty. If a common wall or fence is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby shall restore it, and the Owner of the other Lot which is affected thereby shall contribute equally to the cost of restoration thereof, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 11.1.4. 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. 11.1.5. Arbitration. If any dispute arises concerning a common wall or fence or the provisions of this Article, then such dispute shall be submitted to and determined by binding arbitration. Each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator. The decision shall be rendered by a majority of all the arbitrators, in accordance with the American Arbitration Association Commercial Rules of Arbitration. ARTICLE 12. MISCELLANEOUS 12.1. General Provisions 12.1.1. Effect of Declaration. No representations or warranties of any kind, express or implied, have been given or made by Declarant or their agents or employees as to the binding effect or enforceability of all or any portion of the Declaration or in connection with the covered Property or any portion of the Covered Property, or any Improvement thereon, its physical condition, zoning, compliance with applicable laws, or fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a planned development, except as specifically and expressly set forth in this Declaration and except as may be filed by Declarant from time to time with the DRE or with any other governmental authority. 12.1.2. Severability. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the 17