ARTICLE
ONE
Architectural
Control
A
majority of the Committee may designate a representative to act for it.
In the event of the death or resignation of any member of the
Committee, the remaining members shall have full authority to designate and
appoint a successor. No member of
the Committee, or its designated representative, shall be entitled to any
compensation for services performed hereunder. The record owners of a majority of the Lots in such addition
shall have the power, at any time, to file a duly recorded written instrument
to change the membership of the Committee, to withdraw powers and duties from
the Committee, or to restore the powers and duties of the Committee.
Such action shall be effective upon recordation of a written document
properly reflecting the same.
1.2 It
shall be the general purpose of the committee to provide for maintenance of
high standards of architecture and construction in such a manner as to enhance
the aesthetic properties and structural soundness of the developed
Subdivision. The Committee shall
be guided by and, except when in their sole discretion good planning would
dictate to the contrary, controlled by this Declaration. The judgment of the Committee shall be final, conclusive and
binding.
1.3 No
building, fence, wall or other structure shall be erected, in
the Subdivision; nor shall any exterior addition to, or change or alteration
be made; nor shall any landscaping on any Lot or Lots that would affect
drainage or utility easements be undertaken until the plans and specifications
showing the nature, kind, shape, height, materials and location of the same
shall have been submitted to and approved in writing by, the Committee as to
harmony of external design and location in relation to surrounding structures
and, topography. The Committee
may refuse to accept or may require changes, deletions or revisions in such
plans and specifications in order to insure that the architectural and general
appearance of all buildings and grounds be in conformity with this Declaration
and the general appearance of the Subdivision, and that such plans and
specifications are not detrimental to the public health, safety, and general
welfare of the community. Refusal
of approval of plans and specifications or required changes, deletions or
revisions in same may be based upon any reasonable grounds, including purely
aesthetic grounds, which in the sole discretion of the Committee shall be
deemed conclusive and controlling.
1.4 In
the event that any plans and specifications are submitted to the Committee as
provided herein, and the Committee shall fail either to approve or reject such
plans and specifications for a period of thirty (30) days following such
submission, approval by the Committee shall be deemed to have been obtained.
1.5 The
Committee shall determine whether the provisions contained in the Declaration
are being complied with; however, no act or failure or refusal of the
Committee to initiate action to challenge a real or threatened violation of
this Declaration or otherwise to act on its own initiative, shall be deemed
to constitute waiver of any right or duty of the Committee at any time or from
time to time thereafter to initiate such action and/or enforce compliance with
this Declaration. The Committee
may act or refuse to act in any real or threatened violation of his
Declaration, all in the exercise of its sole discretion.
1.7 Notwithstanding
any other provisions herein, it shall remain the prerogative and in the
jurisdiction of the Committee to review applications and grant approvals for
exceptions to the provisions herein. Variations
from these requirements and, in general, other forms of deviations from these
restrictions imposed hereby, may be made when and only when such exceptions,
variances and deviations do not in any way detract from the appearance of the
premises, and are not in any way detrimental to the public welfare or to the
property of other persons located in the vicinity hereof, all in the sole
opinion of the Committee.
1.8 The
Committee may from time to time adopt certain reasonable building and
construction standards which will govern the standards by which all
improvements in the Subdivision will be constructed. The Committee shall adopt such standards and shall make
copies of same available to the owners of Lots in the Subdivision upon
request. The Committee may modify
or amend such building standards from time to time as in their sole discretion
they shall deem appropriate.