Instrument #2022025031 #34 Book:8196 Page:4805
TO PAY ANY OPERATING EXPENSES INCURRED THAT EXCEED THE ASSESSMENTS RECEIVABLE FROM OTHER MEMBERS AND OTHER INCOME OF THE ASSOCIATION.
ARTICLE VII
ARCHITECTURAL CONTROL
Section 7.01. Architectural Control;ARC.
(a) All Lots and Dwellings in the Property are subject to architectural review in accordance with this Article VII and any planning, construction, development, or other architectural criteria, guidelines, procedures, rules or regulations (collectively,"Architectural Guidelines")as may be adopted and revised from time to time by the Architectural Review Committee(the "ARC"),which may also be referred to at times as the Architectural Review Board (the "ARB").The Architectural Guidelines shall be written and made available to all Builders and to all Owners or prospective Owners. The Architectural Guidelines may include any matters considered appropriate by the ARC not inconsistent with this Declaration, the other Governing Documents or the Association Act. The Architectural Guidelines shall be,at the discretion ofthe Board,subject to the prior approval ofthe Board. (b) No site work/development, landscaping, utility extension, drainage improvement, paving, driveway, swimming pool, pool enclosure, building, fence, wall, sidewalk, or any other physical or structural improvement, or change or alteration to the exterior of any existing structure or improvement, or to any existing landscaping (collectively, "Improvement(s)"), shall be commenced, constructed, erected, modified, changed, altered or maintained until the plans showing such details as the size, design, shape, finished grade elevation, height, materials and color of the same, together with a landscape plan and a plot plan showing the location relative to boundaries and adjacent improvements of such proposed improvements or changes(collectively,the "Plans"), have been approved in writing by the ARC.The Plans shall certify that same are in compliance with any applicable regulations and ordinances of the Local Government. All such improvements must further conform to the Architectural Guidelines and no Plans shall be approved by the ARC ifthey are not in conformity with same. All improvements, construction, changes, modifications and alterations shall also comply with all Laws. Approval by the ARC does not, in any way, guarantee approval by any governmental agency. Until such time as any improvements, construction, changes, modifications and/or alterations have been submitted to and approved by the ARC,no Owner(and/or designee thereof) shall make application for a building permit from the applicable Governmental Authority. Nothing herein shall limit the right ofan Owner to finish or alter the interior ofthat Owner's Dwelling as that Owner desires. Section 7.02. Membership of ARC. Prior to Turnover, Declarant shall be entitled to appoint all members ofthe ARC. Thereafter,the membership ofthe ARC shall be determined by the Board. The ARC shall consist of no less than three(3)members,none of whom shall be required, prior to Turnover, to be Owners or occupants ofthe Property. The ARC shall always consist ofan odd number ofmembers. No member of the ARC shall be entitled to compensation for services performed, but the ARC may employ professional advisors and pay reasonable compensation to such advisors at Common Expense. Members of the ARC (other than those appointed or designated by Declarant) may be removed by the Board ofDirectors at any time without cause. Members ofthe ARC appointed or designated by Declarant may only be removed by Declarant, which removal may be at any time without cause. Section 7.03. Approvals. Decisions ofthe ARC shall be by majority action. Unless waived by the ARC,all Plans shall be prepared by an architect or engineer,said person to be employed by and at the expense of the Owner. If for any reason, including purely aesthetic reasons, the ARC should determine that a proposed improvement, construction, modification or alteration is not consistent with the
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