Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of the homes upon the Properties and placed on the dividing ling between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the General Rules of Laws regarding Party Wall and of liability for property damage due to negligent or willful act or omissions shall apply thereto.

 

Section 2. Sharing Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared by the Owners who make of the Wall in proportion to such use.

 

Section 3. Destruction by Fire or Other Causality. If a Party Wall is destroyed or damaged by fire or other causality, 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 Rules of Laws regarding liability for negligent or willful acts or omissions.

 

Section 4. Weather Proofing: Notwithstanding any other provisions 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 The 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 the such Owner's successor in title.

 

Section 6. Arbitration. In the event of any dispute arising concerning a Party Wall, or under the provision of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision of the majority of all of the arbitrators shall be final and conclusive of the question involved. If the arbitrators of the parties cannot agree on a third arbitrator then the presiding Judge of the King County Superior Court may be requested to designate an arbitrator.