Architecture Review Board

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Section 1. Conditions. No improvements, alterations, repairs, excavations, changes in grade, or other work that in any way alters the exterior of any Lot ·or the improvements located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by Developer to an Owner shall be made or done without the prior approval of Developer, except as otherwise expressly provided in this Declaration. No building, fence, wall, residence, or other structure shall be commenced, erected, maintained, improved, altered, made, or done upon any Lot or upon any other part of the Property without the prior written consent of Developer, except as otherwise expressly provided in this Declaration. 

Section 2. The Architectural Review Board. At such time as Developer ceases to own any Lot subject to this Declaration, an Architectural Review Board consisting of three {3) or more persons shall fulfill the architectural control functions of Developer, as set forth in this Article VII. Such Architectural Review Board shall be appointed by the Board of Directors of the Association. 

 Section 3. Purpose. Developer or the Architectural Review Board, as applicable, shall regulate the external design, appearance, use, location, size, and maintenance of the Property and of improvements thereon in such a manner so as to preserve and enhance the values of the Property and to maintain a harmonious relationship among improvements on the Property and the natural vegetation and topography of the Property. In addition to the express .'rf¾itfictions set forth in Article VIII below, and as contemplated by and pursuant to the provisions of this Article VII, the Architectural Review Board or Developer, as applicable, may adopt, promulgate, amend, revoke, grant variances with respect to and enforce design guidelines (hereafter referred to as the "Design Guidelines") for the purposes of establishing policies, requirements, standard restrictions, and specifications with respect to the approval and disapproval of all proposed uses and with respect to all construction or alteration of an home on any Lot The Architectural Review Board or Developer, as applicable, shall make a published copy of its current Design Guidelines readily available to Members and prospective Members of the Association and builders.Section 3. Purpose. Developer or the Architectural Review Board, as applicable, shall regulate the external design, appearance, use, location, size, and maintenance of the Property and of improvements thereon in such a manner so as to preserve and enhance the values of the Property and to maintain a harmonious relationship among improvements on the Property and the natural vegetation and topography of the Property. In addition to the express .'rf¾itfictions set forth in Article VIII below, and as

Section 4. Procedures. All approvals and consents of Developer or the Architectural Review Board must be in writing, and oral approvals or consents shall be of no force or effect. In the event Developer or the Architectural Review Board, as applicable, fails to approve, modify or disapprove in writing an application within thirty (30) days after complete plans and specifications in writing have been submitted to it, in accordance with any procedures adopted at any time or from time to time by Developer or the Architectural Review Board, approval will be deemed granted. The applicant may appeal an adverse Architectural Review Board decision to the Board of Directors of the Association, which may reverse or modify such decision by two-thirds (2/3) vote of such Board of Directors. No appeal may be taken from a decision Developer. Once a set of plans and specifications have been approved by Developer, no changes may be made to the exterior of the home during construction until the written approval from the Developer is obtained in accordance with the procedures of this Section 4. Developer or the Architectural Review Board may, under special situations and circumstances, allow variances of the requirements set forth in this Declaration, and any variance granted shall not constitute a waiver of such requirement in any other situations or under any other circumstances. Developer or the Architectural Review Board may reject any plans and specifications, with, without citing specifics, for any of the following reasons, among others: 

• Insufficient information to adequately evaluate the design, intent, or extent of the subject of
• such plans and specifications; or Poor overall design quality; or Incompatible design elements; or
• Inappropriate design concept or design treatment; or
• A design or concept that violates any provision of this Declaration or that otherwise has an 
• adverse effect on the Property or any Owners

By its approval of any plans and specifications, Developer or the Architectural Review Board shall not be deemed to have approved the same for engineering design, or for compliance with zoning and building ordinances, and by approving any such plans and specifications, neither Developer, nor the Architectural Review Board, nor the Association, nor their officers, directors, members or other agents or representatives, assumes any liability or responsibility therefor, or for any defects in any structure constructed from such plans and specifications. Approval of any plans and specifications by Developer or the Architectural Review Board shall not constitute a representation or warranty that any such plans or specifications comply with applicable governmental ordinances and regulations, including, but not limited to, zoning ordinances and building codes. Any person or entity submitting any such plans and specifications shall be responsible for, and shall comply with, applicable governmental ordinances and regulations including, but not limited to, zoning ordinances and building codes, in addition to complying with this Declaration and complying with any decisions made pursuant hereto by Developer, the Architectural Review Board, or the Board of Directors of the Association. Use restrictions set forth in this Declaration and decisions hereunder by Developer or the Architectural Review Board or the Board of Directors of the Association • may be more restrictive than applicable zoning ordinances and building codes. In any case in which use restrictions set forth in this Declaration or decisions hereunder by Developer or the Architectural Review Board or the Board of Directors of the Association are at variance with any zoning ordinances or building codes, the more restrictive requirement shall govern. Developer, its representatives, or any authorized officer or director of the Association, or any member of the Architectural Review Board, may at any reasonable time enter, without being deemed guilty of trespass, upon any Lot, after reasonable notice to the Owner, for the purpose of inspecting improvements constructed or being constructed on such Lot to ascertain that such improvements have been, or are being, built in compliance with plans and specifications approved by Developer or the Architectural Review Board or the Board of Directors of the Association and in accordance in all respects with this Declaration