SHERMANPINESHOA

ARCHITECTURAL CONTROL

 

ARCHITECTURAL CONTROL  - ARTICLE VII OF THE DECLARATION

 

Section 7.01.  Control by Association.  After transfer of title by the Sponsor to any Home, or other completed portion of the Property, enforcement of those provisions of this Declaration pertaining to exterior appearance of the Property and control over any change in use or any additions, modifications or alterations to any exterior improvements of said Home or other portion of the Property shall be the responsibility of the Board of Directors.

 

Section 7.02.  Submission of Plans.  After transfer of title to any Home or other portion of the Property by the Sponsor no exterior addition, modification or alteration shall be made on or to such Home or other portion of the Property or to the improvements located thereon unless and until a plan or plans therefor, in such form and detail as the Board of Directors may require, shall nave been submitted to, reviewed by and approved in writing by the Board of Directors.  The Board may charge and collect a reasonable fee for the examination of plans submitted for review, including any fees and reasonable expenses which may be charged by architects, engineers or attorneys retained by the Board in connection with the review of such plans.  The Board of Directors shall advise the Owner, within ninety (90) days of receipt of completed plans, of the Board's decision.

 

Section 7.03.  Basis for Recommendation of Disapproval of Plans.  The Board may disapprove of any plans submitted for any of the following reasons:

 a.         failure of such plans to comply with Covenants and Restrictions contained in this Declaration;

 b.         failure to include information in such plans as reasonably requested by the Board;

 c.         objection to the plan, exterior design or appearance of materials of any proposed
            improvements, including without limitation, colors or color scheme, finish, proportion and 
           style of architecture;

 d.         incompatibility of proposed improvements or use of proposed improvements with existing
            improvements or uses within the Property or the Homes;

 e.         failure of the applicant to furnish proof that insurance in the form and amount satisfactory to the
            Board has been obtained and will be maintained for the appropriate period of time by the
            applicant;

 f.          failure of proposed improvements to comply with any zoning, building, health or other
            governmental laws, codes, ordinances, rules and regulations; or

 g.         any other matter which, in the reasonable judgment of the Board would render the proposed
            improvement or use inconsistent or incompatible with the general plan of improvement of the
            Property and the Homes, including any possible adverse impact on the use and enjoyment of
            the Property and/or the Homes by any other Owner or occupant.

 

Section 7.04.  Written Notification of Disapproval.  In any case where the Board of Directors disapproves the plans submitted, the Board shall so notify the applicant in writing, together with a statement of the grounds upon which such action was based as set forth in Section 7.03 hereof.  In any such case, the Board shall if requested and if practicable, make reasonable efforts to assist and advise the applicant so that acceptable plans can be prepared and resubmitted for approval.

 

Section 7.05.  Failure of Board of Directors to Act.  If any applicant has not received notice from the Board of Directors approving (including qualified approval) or disapproving any plans within ninety (90) days after submission pursuant to Section 7.02 hereof, said applicant may notify the Board of Directors in writing of a demand for a decision on the plans submitted.  Such notice shall be sent by certified mail, return receipt requested.  The plans shall be deemed approved by the Board of Directors twenty (20) days after the date of receipt of such notice by the Board of Directors, if no decision is rendered by the Board of Directors within said twenty (20) day period.

 

Section 7.06.  Liability.  No action taken by the Board or any member of a committee, employee or agent thereof, shall entitle any person to rely thereon, with respect to conformity with laws, regulations, codes or ordinances, or with respect to the physical or other condition of any Building or other portion of the Property.  Neither the Association, the Board of Directors, nor any member, committee member, employee or agent shall be liable to anyone submitting plans to them for approval or to any Owner or any other person, in connection with a submission of plans, or the approval or disapproval thereof, including without limitation, mistakes in judgment, negligence or nonfeasance.  Every person or other entity submitting plans to the Board agrees, by submission of such plans, to defend, indemnify and hold harmless the Association and the Board of Directors (or any officer, member of a committee, employee or agent thereof) from any action, proceeding, suit or claim arising out of, or in connection with, such submission.

 

Section 7.07.  Architectural Compliance Certificate.  Upon written request of any Owner, Mortgagee, lessee, licensee or title insurer (or any prospective owner, Mortgagee, lessee, licensee or title insurer) of  a Home or other portion of the Property, title to which has been previously transferred from the Sponsor, the Board of Directors shall, within fifteen (15) days, issue and furnish to the person or entity making the request, a certificate in writing (“Architectural Compliance Certificate”), signed by an officer of the Board of Directors, stating, as of the date of such Certificate, whether or not the Home or other portion of the Property, or any improvements thereon, violates any of the provisions of the Declaration pertaining to exterior appearance, design or maintenance and describing such violations, if any.  A reasonable charge, determine by the Board of Directors, may be imposed for issuance of such architectural Compliance Certificate.  Any such Architectural Compliance Certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated.

 

Section 7.08.  Completion of Work by the Board of Directors.  In the event the Board of Directors deems it necessary to complete work previously commenced by an Owner, or to otherwise protect the appearance, value or structural integrity of the Property or a Home, the cost for the completion of such work shall become a binding personal obligation of an Owner and an additional Assessment payable by such Owner which shall become a lien against his or her Home, subject to the provisions of Article V herein.