07-17-14 Regular Meeting of the Planning and Zoning Commission

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EXHIBIT D Board, shall be charged to the subject Owner’s Assessment account and shall be supported by the continuing lien created herein. ARTICLE IX.ARCHITECTURAL RESTRICTIONS NOTE WELL: The provisions of this Article are broad and sweeping and an extremely wide range of activities are regulated hereby. Owners are advised to review this Article and the Guidelines carefully to ensure that they comply with all of the requirements before commencing any work or engaging in any activity on or in connection with their Lot or Dwelling to ensure they comply with all of the provisions set forth herein and in the Guidelines. Work commenced, performed, or completed without prior approval as required herein, in the Guidelines, or otherwise in violation of the terms of this Declaration, the Guidelines, or applicable law may subject the Owner of the Lot to substantial costs, expenses, fees, and penalties, which may be in addition to a requirement that the Lot and/or Dwelling be restored to its original condition. A.Architectural Review Committee -“ARC” The ARC shall be a committee of the Board. The initial ARC shall be composed of three (3) individuals designated by Declarant, one of whom may be designated as representative to act on behalf of the ARC. The Declarant reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. The Declarant shall retain the right of ARC appointmentuntil the first to occur of the following: 1.the Declarant no longer owns any portion of the Property, or 2.the Declarant relinquishes, in writing,its authority over ARC appointment. At such time, the Board of the Association shall have the right to replace such ARC members by duly appointing three Owners who are Members in Good Standing with the Association. The Board reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. Such removal and/or appointment shall be at the sole authority and discretion of the Board. The Board shall have the right to review any action or non-action taken by the ARC and shall be the final authority. At any time prior to the happening of (1)or(2) above, the Declarant may, without obligation, assign to the Board, or such other person the Declarant deems appropriate, all or a portion of Declarant’s ARC rights and/or the responsibility for review and approval of modifications to existing Dwellings. The Association, ARC and,during the DevelopmentPeriod, the Declarant,shall have the right, but not the obligation, to promulgate Guidelines as to construction types and aesthetics, which may be changed,amended or modified at any time without notice to the Owners. Different Guidelines for additional property that may be annexed into the Subdivisionmay be promulgated. 27 Copyright © 2014by Roberts MarkelWeinberg Butler Hailey PC, all rights reserved.