Article IV – Architectural Review

4.0 1 Authorized Builders
Note: This provision, 4.01 Authorized Builders, is no longer in effect.
In order to assure that the improvements within the Neighborhood will be constructed with the level of quality and consistency desired by the Developer, no improvements may be constructed on any Lot within the Neighborhood by any builder or contractor other than those authorized by the Developer (the “Authorized Builders”). Developer shall designate the Authorized Builders in Developer’s sole discretion, and Developer shall have no obligation to designate any particular builder.
4.02 Architectural Review Committee
For the purposes of carrying out the Architectural Review process, there shall be an Architectural Review Committee (the “ARC”). The members of the ARC shall consist of the Board. Provided, however, that anything herein contained to the contrary notwithstanding, until such time as the Developer no longer has the right to elect or designate a majority of the Board, the original Developer or its designee shall serve as the ARC.
4.03 Architectural Standards
The ARC may, after thirty (30) days written notice to all Lot Owners and
from time to time, adopt and promulgate architectural standards for the Neighborhood. The standards may not be contrary to the provisions of this Declaration or the Bylaws and shall be consistent with the original architectural, structural, aesthetic and environmental concept and the original development of the Neighborhood. All standards shall be adopted and applied on a uniform basis with respect to each Lot Type, and may be revised or expanded from time to time to take cognizance of new materials, techniques and proposals. All architectural standards shall be deemed to include the mandatory architectural obligations, prohibitions and guidelines contained in this Declaration. As a component of the Neighborhood’s architectural standards, the ARC shall adopt and promulgate architectural standards prescribed by the Developer for the mandatory use of uniform house numbers, mailboxes, lampposts, security gate controls, car insignias, garbage cans, and such other items as may be prescribed for continuity in the development of homes for each Lot Type within the Neighborhood. All such items shall be deemed part of the Neighborhood’s “Accessory Package.” The ARC shall have the power and authority to require that each Owner of a Lot incorporate and comply with the required elements
of the Accessory Package.
4.04 When Architectural Review Required
Architectural Review shall be required in each of the following circumstances:

  1. Whenever the Owner of a Lot proposes to construct improvements thereto or remove improvements there from.
  2. Whenever any reasonably visible exterior alteration or other improvement to an existing improvement is proposed by an Owner.
  3. Whenever any Owner or the Association proposes to maintain or repair an improvement or Lot in any manner that will result in the application or use of materials of a different type, shade, color or quality than those originally used on the Lot and the improvement thereon.
  4. Whenever the improvements to a Lot have been substantially damaged or destroyed, in whole or in part, by casualty or otherwise, and reconstruction or rebuilding is intended.
  5. Without limiting the generality of the foregoing, the addition of swimming pools and patios shall be subject to Architectural Review, as shall the installation or removal or any landscaping, the construction of any fence, wall, tennis court, screen enclosure, water or sewer line, drain, mailbox, solar energy device,
    decorative building, outbuilding or other installation, device, equipment or structure which will alter the appearance of the Lot or improvements located thereon when viewed from adjacent Lots or streets. The dish shall be painted the same color as the wall or roof behind it.
4.05 Procedure
Whenever an Owner or Partial Successor Developer proposes any improvements or
alterations for which Architectural Review is required, there shall be submitted to the ARC a written application for
approval and at least one complete set of plans and specifications for the proposed construction and landscaping. Such
plans and specifications shall include, as appropriate, the following:

  1. A site plan for the Lot showing the property lines, the location, shape and dimensions of all proposed slructures, pavement and landscaping to be installed and plant material to be removed.
  2. Complete floor plans and exterior elevations of all proposed structures, drawn to scale, and reflecting thereon the number of square feet of living area and other areas.
  3. Specification of all materials to be used, including description of type, color and nature.
  4. Specification of drainage plans, all plant and other material proposed for landscaping, irrigation plans and exterior lighting plans.
  5. Samples of materials and proposed colors for external application.
  6. Such other additional and supplementary information and materials as the ARC may reasonably require.
  7. The reviewing committees will establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review ofany application. Such fees may include
    the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals.

The ARC may waive formalities in the submission process, and may waive any one or more of the above requirements if it deems the application, description, plans or specifications provide information of reasonably sufficient detail for the ARC to review. The ARC shall review and evaluate all submissions and shall, within thirty (30) days after receipt of such application or after all additional information required has been received, either approve or disapprove, or approve in part and disapprove in part, the application. The ARC shall issue its approval or disapproval in writing, and specify its reasons for disapproval and annotate its decision by reference to this Declaration or promulgated architectural
standards where applicable. The ARC shall, to the extent reasonable, indicate as part of any written disapproval the general nature or type of changes necessary to achieve approval. The ARC may issue conditional approval, setting forth written stipulations for changes. In such event, if the applicant accepts such stipulations the proposal shall be deemed approved, subject to the changes or additions thereto contained in such stipulations. Failure of the ARC to approve or disapprove within thirty (30) days after receipt of all such material shall be deemed approval. No work shall proceed except in strict compliance with this Declaration and the approval by the ARC, and any improvements or work performed without such approval may be required to be removed by the Board. If any landscaping, construction or other improvements or alterations requiring ARC approval shall be commenced and completed without Architectural Review
and approval by the ARC, or at variance with approved plans and specifications, and the ARC does not indicate disapproval thereof for a period of twelve (12) months after completion of such improvements, then such improvements shall be deemed to have been approved by the ARC. Provided, however, that if during such period after completion the ARC does indicate its disapproval, then such construction or other improvements may be required to be removed or altered to comply with such plans and specifications as may be approved by the ARC. Nothing shall prevent an Owner from making application to the ARC for approval of improvements already commenced or completed, but during the period of such application the Owner shall not perform any more work until the ARC has acted. The ARC shall expedite such application, but shall not have any increased obligation to approve merely because an Owner has already commenced or completed improvements in violation of this Declaration.

4.06 Routine Procedures
Where the ARC has established architectural standards approving certain colors, materials, decorative or other items of routine maintenance, repair or minor improvements, a Lot Owner may comply with such standards without formal approval, however, it is to be submitted, especially if there is any change to the Lot.
4.07 Appeal
Any person aggrieved by a decision of the ARC may appeal that decision in whole or in part to the Board. Such appeal shall be initiated by filing a notice of appeal in writing with the Board specifying the portions of the decision appealed. Such notice shall be filed not later than ten ( 1 O) days after the date upon which the decision of the ARC is made. Upon receipt of such appeal, the Board shall schedule a hearing on such matter within thirty (30) days, at which it may affirm, reverse or modify the decision of the ARC. Failure of the Board to act within such thirty (30) day period shall be deemed a decision and affirmation of the party appealing as to the point appealed. For the purposes of this Section, the aggrieved party shall have standing to initiate the appeal, and the Owners of any three (3) or more Lots shall also have standing to initiate an appeal from any decision of the ARC, provided such Lot Owners follow the provisions of this paragraph. Provided, however, that during the time the Developer serves as the ARC, there shall be no right of appeal from decisions of the Developer as the ARC.
4.08 Rules and Regulations and Fees
The ARC may adopt reasonable rules and regulations for the conduct of its authority. The Board may establish reasonable fees for Architectural Review. If, after providing an Owner with thirty (30) days advance written notice of the existence of a violation of the architectural standards, and in order to preserve the beauty, quality and value of the property, the ARC shall have the right to enter upon any Lot to remove and cure such violation if possible without inconvenience to Owner or otherwise disturbing the peace of the neighborhood. Without limiting the foregoing, upon and during any such violation, the ARC shall have the right to impose a fine and/or suspension upon the Owner in accordance with Paragraph 8.14. In addition to any fine imposed by the ARC, any and all costs of removing and curing violations of the architectural standards shall be allocated and assessed by the Board upon the violator’s Lot, and the ARC shall have the right (a) to impose a lien upon such Lot as provided in Paragraph 7. 10, and (b) to enforce such lien as provided in Paragraph 7. 11.
4.09 Limitation of Liability
Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and neither the Declarant, the Association, the Board, the ARC, or any member of the foregoing, shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board, the ARC, nor member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Lot. In all matters, the ARC and their members shall be defended and indemnified by the  ssociation as provided in the Bylaws.
4 .10 Records
The Association, through the ARC, shall maintain records of all Architectural Review
proceedings.