Section 1. General Rules of Law to Apply: Each wall which is built as a part of the original construction of the homes or units upon the Properties and placed on the dividing line between the Lots or Units 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. Sharing of Repair and Maintenance: The costs of reasonable repair and maintenance of a party wall shell 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 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 negligent or willful acts or omissions.

 

Section 4. Weatherproofing: Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

 

Section 5. 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.

 

Section 6. Easement for Maintenance: The right of any Owner to an easement over another Owner's property for purposes of maintenance of one's own property shall be appurtenant to the land and shall pass to such Owner's successors in title.

 

Section 7. 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 decision shall be by a majority of all the arbitrators.