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09l26l2008 13:31 {FAX)6516902813 P.02Ql034 Attachment D l� i: wails between Dwellings, the Owners oi the affected 17we�lings shall �e Iiable as provided in Seciion 10. SECTION 10 PARTY WALLS 10.1 Gez�eraI I2ules of Law to Apply_ Each wall built as part of tJze original constructio� of Dwellings and Iocated or intended to be located on the boundary line between Units shall constitute a party wall, the Uz�its shall be subject to easements for any encroachrnents resulting from or attributable ta such walls pursuant to Section J 3.4 hereof, and, to the e�ent not inc�z�sistent w�th the provisians of this Section, the general rules of 1aw regarding party walls arid liability for property damage due ta negligent or �willful acts or omissions sha.11 appl� tl�ereta. 10.2 Repair and Mainten.ance, The Owners of the Uzufs whitch share a party wall shall be responsible for the maintenance, repair and repiacem:ent of the pa�y wali in equal proportions; grovided, {i} that any maintenance, repair or replacement t�ecessary due to the acts or omissians of a certain �vvz�er or Occupan.t sharing sueh pacty wall shall be pa.id for by such Owner, ar�c� (ii) that the Association may caniract far and supervise the repair of da�age caused by an Owner or Occupant and assess the Owners for the cvst ihereof to the extent not caverecf l�y insurar�ce. Such c�st sha11 be a personal obligation of fihe Owner and a lien against the Owner's Unit(s). 103 Destruction b�'�re or Other Casual . If a pariy wali is destroyed or damaged by fire ar otl�er casualty, any Ow�er who l�as use of the party wall may, wit1� the consent of the Association, restore it, and the other ()wner shall promptly x�imburse the Owner who restored tl�e wall far biis or her share of the cost of restaration thereof; provided, hawever, that the cost of restoration resulting from c�estructzon ar ottier casualty resulting from the acts or omissions of an Owner shall be the financial responsibility of such Owner, and �he Association may assess the respor�.sible Owner for iheir share of tf�e costs, without prejudi.ce to the right of an Owner to recover a Iarger cantribUtlan frorr� t�e other dvvner. Iusuratice clairns shall be made promp�ly following any c�sualty. 10.4 Weat�e roofin . Notv�ithsta�xding any other provision of tt��is Section, any Owner �vha, by his or her negligent or wiIlful act, causes a party wa11 to be exposed to the ele�ents shall bear the whole cost of the repairs necessary for protecti�n against such eIements. 10.5 Righi to Conti�b�tian Runs Wi�h Land. The right of any Owner to contributian from any ot�er Owner under this Sectiorz shall be appurtenant to the Unit and shali pass to such Owner's assi�s and successors in title. 10.6 Arbztratian. In the event of any c�ispute arising concerning a party wa11, and if the Owners of the affected Units do �iot resolve the dispute by a written agreement within tbirty c�ays of the event causing the dispute, the maiter shall be submi�ted ta 19