|
|
 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wyndham Park Declaration Page 6 ARTICLE III. MAINTENANCE AND REPAIR Section 1. Association Responsibility. Except as provided herein, the Association shall maintain, repair and replace any Common Areas owned by the Association. Additionally, the Association shall maintain, repair and replace subdivision amenities located on the Lots, including entrance features, and any buildings and equipment owned by the Association serving the Subdivision. Additionally, the Association shall maintain the lawns on the individual Lots, to the extent deemed appropriate by the Board. Section 2. Maintenance of Units Constructed on Twin-Single Lots. (a) Unit Owner's Responsibility. The Owners of Units constructed on a Twin-Single Lot shall cooperate with one another to maintain a common exterior appearance. If any Unit Owner believes that the Owners of the other Unit constructed on the Twin-Single Lot are not maintaining and repairing the exterior of the Unit in accordance with the foregoing standard, the dispute shall be settled by arbitration in accordance with the provisions of these Covenants. (b) Party Walls. 1) General Rules of Law to Apply. Each wall built on the dividing line between the units on a Twin-Single Lot, and any wall replacing the same, (which shall be constructed on the dividing line between the Units), shall constitute a party wall, and, to the extent not inconsistent with the provisions of these Covenants, the general rules of Ohio Law regarding party walls and liability for damage due to negligent or willful acts or omissions shall apply thereto. In the event that Declarant requires that each such Owner enter into a party wall agreement satisfactory to Declarant, Owner shall abide by such requirement and agrees to enter into such agreement. 2) Sharing of Repair and Maintenance. The cost of repair and maintenance of a party wall shall be borne equally by the Unit Owners of the two Units which share such party wall. Notwithstanding the foregoing, to the extent the need for repair or maintenance is caused by or results from acts or failure to act of a Unit Owner, or residents or invitees of only one Unit, whether or not there was negligence or a willful act, the Unit Owner of that Unit shall be solely responsible for the cost of such repair and maintenance. Disputes regarding the proper proportion of the costs of such repair and replacement to be borne by each Unit Owner shall be settled by arbitration in accordance with the provision these Covenants. 3) Construction and Repair. In all construction and repair work, due precaution and care shall be taken not to damage the property of the other Unit Owners. 4) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, unless the Owners of the Units constructed on that Twin-Single decide not to repair the structure, the party wall shall be repaired or replaced and the Owners of the two Units which share such party wall shall contribute equally to the cost of
|