Laserfiche WebLink
any encroachments resulting from or attributable to such walls pursuant to Section 13.4 <br />hereof, and, to the extent not inconsistent with the provisions of this Section, the general <br />rules of law regarding party walls and liability for property damage due to negligent or <br />willful acts or omissions shall apply thereto. <br />10.2 Repair and Maintenance. The Owners of the Units which share a party <br />wall shall be responsible for the maintenance, repair and replacement of the party wall in <br />equal proportions; provided, (i) that any maintenance, repair or replacement necessary <br />due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall <br />be paid for by such Owner, and (ii) that the Association may contract for and supervise <br />the repair of damage caused by an Owner or Occupant and assess the Owners for the cost <br />thereof to the extent not covered by insurance. Such cost shall be a personal obligation of <br />the Owner and a lien against the Owner's Unit(s). <br />10.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or <br />damaged by fire or other casualty, any Owner who has use of the party wall may, with <br />the consent of the Association, restore it, and the other Owner shall promptly reimburse <br />the Owner who restored the wall for his or her share of the cost of restoration thereof; <br />provided, however, that the cost of restoration resulting from destruction or other casualty <br />resulting from the acts or omissions of an Owner shall be the financial responsibility of <br />such Owner, and the Association may assess the responsible Owner for their share of the <br />costs, without prejudice to the right of an Owner to recover a larger contribution from the <br />other Owner. Insurance claims shall be made promptly following any casualty. <br />10.4 Weathe rrp oofing. Notwithstanding any other provision of this Section, <br />any Owner who, by his or her negligent or willful act, causes a party wall to be exposed <br />to the elements shall bear the whole cost of the repairs necessary for protection against <br />such elements. <br />10.5 Right to Contribution Runs With Land. The right of any Owner to <br />contribution from any other Owner under this Section shall be appurtenant to the Unit <br />and shall pass to such Owner's assigns and successors in title. <br />10.6 Arbitration. In the event of any dispute arising concerning a party wall, <br />and if the Owners of the affected Units do not resolve the dispute by a written agreement <br />within thirty days of the event causing the dispute, the matter shall be submitted to <br />binding arbitration under the rules of the American Arbitration Association (or under <br />such other rules as the parties may unanimously agree), upon the written demand of the <br />Association or any Owner whose Dwelling shares the party wall. A single arbitrator shall <br />be used unless multiple arbitrators are agreed to by the parties. The Association shall, <br />upon its request, be made a party to the arbitration, but cannot be compelled to be a party. <br />Each party agrees that the decision of the arbitrators shall be final and conclusive of the <br />questions involved. The fees of the arbitrators shall be shared equally by the parties, but <br />each party shall pay its own attorneys' fees or other costs incurred in the arbitration. <br />19 <br />