Due to design and topography within the NHR community, many homes are constructed in offset and or staggered configurations, leaving certain portions of dividing or separation walls exposed to the elements. Dividing or separation walls left exposed by virtue of the offset or staggered configuration of Units constitute “Party Walls.”
The maintenance and repair of Party walls must comply with general principles of law governing party walls. Exposed portions of exterior walls separating attached Units are deemed to constitute part of the Party Wall. RNH homeowners on each side of the Party Wall shall jointly be responsible for maintenance, repair, and replacement of the Party Wall, including all exposed portions. The cost of maintenance, repair, and replacement of Party Walls shall be shared equally by the Owners of the adjoining Units.
If a Party Wall is damaged or destroyed by fire or other casualty, then any homeowner whose house abuts the Party Wall may restore it and look to contribution from the adjoining homeowner. Any homeowner who through negligent or willful act causes the Party Wall to be exposed to and damaged by the elements shall bear the entire cost of furnishing the necessary protection against such elements.
Homeowners shall have an easement of reasonable access to the adjoining home or lot to the extent reasonably necessary to maintain, repair, or replace the Party Wall. Homeowners who share a Party Wall may agree to a different apportionment of the obligations to undertake and bear the cost of maintenance, repair, and replacement of the Party Wall.
In the event of a failure of adjoining homeowners to maintain, repair, or replace the Party Wall, the RNH Residents Association shall have the right, but not the obligation, after having provided at least thirty (30) days prior written notice, to enter each lot or lots and perform any required maintenance, repair, or replacement of a Party Wall. The cost of such maintenance, repair, or replacement, shall be charged equally to the two homeowners who share the Party Wall, and shall, together with the cost of collection, if any, constitute a lien on those homes, collectible in the same manner as assessments or common charges.