The rights and obligations of the Owners with respect to party walls, party fences, joint driveways and similar shared improvements constructed as part of the original construction within the Community shall be governed by the following:
Section 13.1. General Rides of Law to Apply.
Each improvement which is constructed within Living Units as a part of the original construction and any part of which is placed on the dividing line between separate Living Units shall constitute a “Shared Improvement”. With respect to such Shared Improvement, each of the adjoining Owners shall assume the burdens of and be subject to an easement for that portion of the Shared Improvement on such Owner’s Living Unit, and shall be entitled to the benefits of this Article 13. To the extent not inconsistent herewith, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions, shall apply to Shared Improvements and their adjoining Owners.
Section 13.2. Sharing of Repair and Maintenance and Destruction by Fire or Other Casualty.
All Owners who make use of or benefit by any Shared Improvement on a regular basis shall share the cost of the reasonable repair and maintenance of such Shared Improvement, in equal proportions, unless otherwise agreed by such Owners, If a Shared Improvement is damaged or destroyed by fire or other casualty or by some cause other than the act of one of the adjoining Owners (including ordinary wear and tear and deterioration from lapse of time), then, in such event, all such adjoining Owners benefiting from the Shared Improvement shall proceed promptly to rebuild or repair such Shared Improvement to its original condition or the condition which existed immediately prior to the damage, unless otherwise agreed by such Owners. The costs associated with rebuilding or repairing a Shared Improvement pursuant to this Section 13.2 shall be shared equally among all adjoining Owners benefiting from the Shared Improvement, unless otherwise agreed by such Owners.
Section 13.3. Repairs of Damage Caused by One Owner and/or Resident.
If any such Shared Improvement is damaged or destroyed through the act of one adjoining Owner and/or resident, so as to deprive the other adjoining Owner and/or resident of the full use and enjoyment of such Shared Improvement, then the Owner and/or resident responsible for such damage shall proceed promptly to rebuild or repair such Shared Improvement to its original condition or the condition which existed immediately prior to the damage, without cost to the adjoining Owner and/or resident.
Section 13.4. Changes to Shared Improvements.
In addition to meeting the other requirements of this Declaration, and of any building code, zoning ordinance or similar governmental regulations or ordinances, any Owner proposing to modify, make additions to or rebuild a Living Unit in any manner which requires the extension or other alteration of any Shared Improvement, shall first obtain the written consent of the adjoining Owner. Such consent shall not be unreasonably withheld, delayed or denied. Section 13.5. 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 13.6. Driveway Right of Passage.
With respect to any private driveway within and shared by the Owners of two or more Living Units, there shall be a perpetual and non-exclusive easement and right of passage on, through, over, under and across such driveway reserved to and for the benefit of the Owners of the Living Units upon which the joint driveway has been built or installed. This easement shall also be reserved to and for the benefit of any Living Units which such joint driveway has reasonably been designed to serve or benefit, for purposes of vehicular and pedestrian ingress and egress to and from such Living Units. No person shall in any way interfere with the free and unobstructed use thereof by said Owners
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