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time establish additional rules and regulations concerning the use of these other parking spaces and may cause to be towed improperly parked vehicles at the Owner's expense. Section 7. Association's Easement. The Association shall have an easement over each Lot, including the right of access and entry into any Living Unit, for maintenance of the exterior of all improvements, for the maintenance, repair and replacement of water, sewer and other utility pipes, ducts, and wires and for the purpose of performing any emergency repairs or other duty of the Association. The Association's use of this easement is subject to reasonable notice to affected Owners and performance of work at reasonable hours. Notice is hereby waived from the Association in the event of emergency repairs being required. If work performed by the Association shall damage real or personal property of an Owner, such loss or damage shall be repaired or replaced by the Association as a common expense. Section 8. Le2al Proceedin2s. If any Owner or his or her family, tenants or guests shall not comply with the provisions of this Declaration, or with rules and regulations adopted by the Association, such person(s) shall be subject to legal action for damages, for injunctive relief, foreclosure of liens, or any combination thereof, without limitation or election of remedies, which relief may be sought by the Association or by one or more aggrieved Owners, or both. In any proceeding arising from an alleged failure to comply with this Declaration, or rules and regulations, of the Association, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorneys' fees as may be determined by the court. ARTICLE V PARTY WALLS Section 1. General Rules of Law to Accly. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots 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. Section 2. Sharin2 of Recair and Maintenance. The cost of reasonable repair 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 other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use 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 negligence or willful acts or omissions. -10-