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CC&R ARTICLE VIII: PARTY WALLS

Section l. Creation. Where in the Plat a building may be built on two Lots containing one dwelling unit in the building on each separate Lot, then each wall which is placed along the lot line separating one dwelling unit from another in the same structure is hereby declared to be a party wall between the dwelling units which adjoin the wall. This Article shall he controlling, and all rights granted in this Article shall be fully effective as to each such party wall as and where it is actually constructed despite any deviation from the lot line which might be revealed by an accurate survey.

 

Section 2. Maintenance. Subject to provisions of Section 3 of this Article, the cost of repair and maintenance of every party wall shall be borne equally between the owners of the adjoining dwelling units. 

Section 3. Damage or Destruction of Party Wall Without Other Damage to Dwelling Units. 

(a) If (1) a party wall is damaged or destroyed, in whole or in part. from any cause which is not the result of fault or negligence of either of the owners of the adjoining dwelling units or other persons occupying or using their respective dwelling unit, or is the result of the joint or concurring fault of each of the owners or other persons occupying or using their respective dwelling units, and (2) neither dwelling unit has suffered substantial damage other than that to the party wall, then the owners of the adjoining dwelling units shall at their joint expense, to be shared equally, repair or rebuild the party wall to as nearly as practicable the same condition and at the same location as the party wall was in immediately before the damage or destruction. Each owner of the adjoining dwelling unit shall have the right to full use of the party wall as repaired or re-built.

 

(b) If (1) a party wall is damaged or destroyed, in whole or in part, from any cause which' is the result of fault or negligence of one (but not both) of the owners of the adjoining unit or other persons occupying or using his dwelling unit and (21 neither dwelling unit has suffered substantial damage other than that to the party wall, then that owner shall at his sole cost and expense repair or rebuild the party wall to as nearly as practicable the same condition and at the same location as the party wall was in immediately before the damage or destruction and shall repair the resultant damage, if any, to the other dwelling unit. Each owner of ` the adjoining dwelling unit shall have the right to full use of the party wall as repaired or rebuilt. 

Section 4. Damage or Destruction of Party Wall with Other Damage to Dwelling Unit. 

(a) If (1) a party wall is damaged or destroyed, in whole' or in part, from any cause which is described in section 3(a) of this Article, and (2) either or both of the adjoining dwelling units are at the same time substantially damaged or destroyed, in whole or in part, from the same or any other cause, than if one or both of the owners elects to repair or rebuild his dwelling unit, the party wall will be repaired or rebuilt with casts shared as provided in Section 3(a) of this Article. lf both adjoining 1 dwelling units are substantially damaged or destroyed and neither owner elects to rebuild or repair his dwelling unit, then the costs of demolishing and clearing debris from the party wall between the damaged dwelling units and the cost of restoring the party wall (including any alterations or additions necessary to convert an interior wall to an exterior wall compatible with the remaining portion or portions of the structure) , if any, between either or both of the damaged or destroyed dwelling units and any undamaged dwelling unit in the sane structure shall be shared equally by the owners of the dwelling units separated by the damaged party wall.

 

(b) If (1) a party wall is damaged or destroyed, in whole or in part, from any cause described in Section 3(b) and (2) either or both of the adjoining dwelling units is at the same time substantially damaged or. destroyed from the same or any other cause, then the owner of the dwelling unit who is not at fault will make all elections described in Section 4(a) and the owner of the dwelling unit who is at fault will hear at his sole expense all costs of repair, reconstruction, alteration, restoration, demolition and/or clearing appropriate to the election made.

 

(c) Unless exercised to the contrary by written notice delivered to all other owners of dwelling units in the structure (or if an owner does not occupy his unit, to the tenant or other occupant with a copy to the president of the Association) within thirty (30) days after the damage or destruction giving rise to the election, each owner of a dwelling unit which is damaged or destroyed shall be conclusively deemed to have elected to repair and rebuild his dwelling unit, including restoring the party wall.

 

Section 5. Access to Party Wall Interior. Each owner of a dwelling unit adjoining a party wall shall have the right, at his sole expense, to drill into, cut into or otherwise gain access to the interior of a party wall for the purpose of maintaining, repairing or restoring and, if consent be first obtained pursuant to section 6, remodeling or altering, water, utility, soundproofing or other services or amenities .to his dwelling unit subject to (1) his obligation to restore the party wall to the same condition it was in immediately before such act and (2) his liability to the owner of the other dwelling unit adjoining the party wall for any damages caused thereby.

 

Section 6. No Alteration. Interior decoration excepted, no owner of a dwelling unit adjoining a party wall may make any changes to or alterations in a party wall without the written consent of the owner of the other dwelling unit adjoining the party wall.

 

Section 7. Easement. Each owner of a dwelling unit adjoining a party wall has an easement over, in and to the other dwelling unit adjoining the party wall for the following purposes:

 

(a) To have the party wall remain in the same location as when originally built or such other location as may he reasonably necessary in the event repairs to, restoration of, or reconstruction of the party wall are made;

(b) To use, for party wall purposes, that portion of the adjoining dwelling unit upon which the party wall is originally built or subsequently restored or rebuilt; and

(c) For access through, in or upon any portion of the adjoining dwelling unit reasonably necessary to effect repairs to. maintenance of or reconstruction of the party wall or that portion of any foundation, exterior wall or roof of the structure which meets with, adjoins or is connected to the party well.

 

Section 8. Rights in the Event of default. Should the owner of a dwelling unit adjoining a party wall fail to perform any act or make any payment which this Article requires him to do or to make, and such failure continues after (5) days' prior written demand from any owner of a dwelling unit in the structure, then the owner or owners who made demand may do such act or make such payment. The owner in default must repay on demand the owner who the act or makes the payment all costs and expenses (including attorneys and costs, if any) incurred in doing the act or making the payment together with interest thereon at twelve percent per annum until repaid. Further, the owner doing the act or making the payment shall have a lien upon the dwelling unit of the defaulting owner and the land on which it is located, notice of which lien may be recorded not later than ninety (90) days after the last act is performed or payment is made which notice shall contain, as nearly as possible, the information required in the case of a person performing labor upon Chapter 60.04 of the Revised Code of Washington. The lien may be foreclosed in the manner provided and with the priority with respect to such labor liens. In addition, the owner who does the act or makes the payment the act or makes the payment shall have the right of access to, through, in or upon and to use the dwelling unit of the defaulting owner and the Lot upon which it is located for the purpose of performing the act.

 

Section 9. Equipment, Utilities and Other Portions of a Party Wall. For the purposes of this article, the term “party wall" includes everything, if anything, located within such wall (such as studs, framing, insulation, sound-proofing material, pipes. wires, joints, junction boxes and other materials or equipment related to utilities) and below the wall (such as the surface of the ground and footings located in the ground) .