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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wyndham Park Declaration Page 7 restoration thereof, without prejudice, however to the right of one of the Unit Owners to call for a larger contribution from the other Unit Owner under the terms hereof or any rule of law regarding liability for negligent or willful acts or omissions, or to the right of the party or parties restoring the same to reimbursement from insurance. 5) Right to Contribution Runs With Land. The right of a Unit Owner to contribution from another Unit Owner under this section shall be appurtenant to the land and shall pass to such Unit Owner's successors in title, its subsequent successors and assigns. The obligations, under this Section, of the owners of a Unit constructed on a Twin-Single Lot shall be jointly and severally the personal obligations of such Owners, and shall be a continuing obligation of the Owner's successors in title to the Units. (c) Maintenance of Roofs and Exteriors. 1) Repair and Maintenance. Each Owner of a Unit on a Twin-Single Lot shall bear the cost of replacing their own Unit's roof and exterior, except that the Owners of each Unit on a Twin-Single Lot shall pay one half of the costs of roof replacement. Notwithstanding the foregoing, to the extent the need for repair or maintenance is caused by or results from acts or failure to act of the Owner of the other Unit, or residents or invitees of the other Unit, whether or not there was negligence or a willful act, the Owner of that other Unit shall be 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 provisions of these Covenants. 2) Decision to Repair Roof. Notwithstanding the provisions of the preceding paragraph, the replacement of a roof on a building on a Twin-Single Lot, or any repair which will change the appearance of the roof, shall not be done without the consent of the Owners of all Units constructed on such Twin-Single Lot and compliance with the provisions of these Covenants relating to Architectural Control. In the event that the Unit Owners are unable to agree upon such replacement or upon such repair which changes the appearance of the roof, an Owner may request arbitration in accordance with the provisions of these Covenants. The Owners who do not pay their share of the obligations required to be paid pursuant to these Covenants, shall be jointly and severally liable for their respective Unit's share of such expenses. 3) Damage and Destruction. In the event the improvements on a Twin-Single Lot shall suffer damage or destruction, the parties shall repair the same and return the Units to the same condition they were in immediately before such damage or destruction. The insurance proceeds payable by reason thereof shall be utilized to pay the cost of repair, restoration, or reconstruction. Any party receiving such proceeds shall hold such proceeds for the benefit of the Owners of the both Units in the Twin-Single Lot. If the proceeds available from such insurance are insufficient to pay all of such costs, then the proceeds shall go first to the repair, restoration, or reconstruction of the improvements in the following priority: (a) the party wall between the Units; (b) the roof; (c) the exterior portions of the Unit owned by the Unit Owner who is not responsible for the damage; and (d) the balance of the exterior. In the event that the proceeds available from such insurance are insufficient to pay these costs, then such repairs to the party wall, roof and exterior shall be made by the Owner of the Unit responsible for the damage. If responsibility cannot be determined, then the deficiency required to repair the party wall and roof shall be shared by the Owners of both Units, with the Owners of each Unit
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