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3A - Final Plat of Sentinel Office Park
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07-16-2009 Planning Commission Meeting
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3A - Final Plat of Sentinel Office Park
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`.. 9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary <br /> in this Section, if, in the judgment of the Association, the need for maintenance of any <br /> part of the Property is caused by the willful or negligent act or omission of an Owner or <br /> Occupant, or their clients, customers or guests, or by a condition in a Unit which the <br /> Owner or Occupant has willfully or negligently allowed to exist, the Association may <br /> cause such damage or condition to be repaired or corrected (and enter the yard area of <br /> upon any Unit to do so), and the cost thereof may be charged and assessed against the <br /> Unit of the Owner responsible for the damage. Such cost shall be a personal obligation <br /> of the Owner and a lien against the Owner's Unit. In the case of party walls between <br /> Units, the Owners of the affected Units shall be liable as provided in Section 10. <br /> SECTION 10 <br /> PARTY WALLS <br /> 10.1 General Rules of Law to Apply. Each wall which is built as a part of the <br /> original construction of the Unit upon the Property and placed on the dividing line between <br /> the Units shall constitute a party wall, and, to the extent not inconsistent with the <br /> provisions of this Section, the general rules of law regarding party walls and liability for <br /> property damage due to negligence or willful acts or omissions shall apply thereto. <br /> 10.2 Sharing of Repair and Maintenance. The cost of reasonable repair and <br /> maintenance of a party wall shall be shared by the Owners who make use of the wall in <br /> proportion to such use. <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 used the wall may restore it, and if <br /> the Owners thereafter make use of the wall, they shall contribute to the cost of restoration <br /> thereof in proportion to such use without prejudice, however, to the right of any such <br /> Owner to call for a larger contribution from the others under any rule of law regarding <br /> liability for negligent or willful acts or omissions. <br /> 10.4 Weatherproofing_ Notwithstanding any other provision of this Section, an <br /> Owner who by his or her negligent or willful act causes the party wall to be exposed to the <br /> elements shall bear the whole cost of furnishing the necessary protection against such <br /> 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 land and <br /> shall pass to such Owner's successors in title. <br /> 10.6 Arbitration. In the event of any dispute arising concerning any party wall, or <br /> under the provisions of this Section, each party shall choose one arbitrator, and such <br /> arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of <br /> all of the arbitrators. <br /> 17 <br />
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