Venetian Bay HOA By Laws

Buuk: !::>021 Page: 3957

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Section 2.10. Special Maintenance Easements. In the event any portion of any structure originally constructed by the Developer or a designated successor developer, including boundary line wall, shall protrude over an adjoining Lot or Common Area, such structure or boundary line wall shall not be deemed to be an encroachment upon the adjoining Lot or Common Area. In the event there is such a protrusion, the owner or owners of the Lot or Common Area on which such protrusion extends shall be deemed to have granted a perpetual easement to the adjoining owner or owners for continuing maintenance and use of such projection or boundary wall, including any replacement thereof.. The Committee shall be composed of three (3) persons. The members of the Committee shall be appointed by the Developer or its successors. In the event of death, resignation, inability to serve, or other vacancy in office of any member of the Committee, the Developer or its successors shall retain the right to appoint members of the Committee even after turnover of the Owners Association to owners of Lots. Section 2.12. Committee Decision Making The Committee shall indicate its approval or disapproval, as the case may be, of the matters required in Section 2.2 hereof to be approved or acted upon by them, by a written instrument filed with the Secretary of the Board of Directors ofthe Owners Association, and served personally or by certified mail upon the applicant, identifYing the proposed building or structure and, if the same is disapproved, the reason for such disapproval. The decision of the Committee shall be final. If the Committee fails or refuses r.o approve or disapprove the aforesaid matters within thirty (30) days after the application of request for action is made and after a floor plan, elevation and abbreviated specifications (including landscaping, exterior materials, colors, and site plan for all structures) have been received by the: Committee, then it shall be conclusively presumed, as to all owners and persons, that the particular alleged violation of this Declaration is, and it shall be deemed automatically to be,, excused, but solely as to that particular applicant and application, and any and all rights of action of the Committee arising from said particular alleged violation shall be deemed to have been waived, but only with respect to that particular applicant and application. In order to maintain and preserve the peace and tranquility of the Venetian Bay Community, the Owners Association shall have the right to adopt reasonable rules and regulations regarding the keeping of dogs, cats and other domesticated household pets, including prohibiting the keeping and breeding of such animals for commercial purposes, and specifically shall have the right (i) to require such animals to be leashed; (ii) to prohibit such animals from roaming at large beyond the confines of their owner's grounds; (iii) to 7

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