Instrument #2022025031 #35 Book:8196 Page:4806
Architectural Guidelines or Declarant's development plan, or in the best interest ofthe Association and its Members, such improvement, construction, modification or alteration shall not be approved or made. Approval of Plans may be withheld not only because of noncompliance with any of the specific conditions, covenants and restrictions contained in this Declaration, but also by virtue of the dissatisfaction of the ARC with the location of the structure on the Lot, the elevation, color scheme, finish, design, proportions, architecture, drainage plan, shape, height, style and appropriateness of the proposed structures or altered structures,the materials used therein,the planting, landscaping,size, height or location of vegetation on the Lot, or because of its reasonable dissatisfaction with any other matter or thing which, in the judgment of the ARC, will render the proposed improvement or alteration inharmonious with Declarant's general development plan or the Architectural Guidelines. Two(2)sets of Plans and specifications shall be submitted to the ARC by the Owner prior to applying for a building permit from the applicable Governmental Authority. Submittals and re-submittals of Plans shall be approved or disapproved within thirty (30) days after receipt by the ARC. The ARC approval or disapproval shall be written and shall be accompanied by one(1)copy ofthe Plans to be returned to the Owner. Whenever the ARC disapproves Plans, the ARC shall specify the reason or reasons for such disapproval. The Architectural Guidelines are not the exclusive basis for decisions of the ARC and compliance with the Architectural Guidelines does not guarantee approval ofany application. Section 7.04. Violations. The work approved by the ARC must be performed strictly in accordance with the Plans as approved by the ARC.If after Plans have been approved,the improvements are altered, constructed, modified, erected, or maintained upon the Lot other than as approved, the same shall be deemed to have been undertaken without ARC approval. After one(1)year from completion of any improvement, addition, modification or alteration, said improvement shall, in favor of purchasers in good faith and for value and Mortgagees, be deemed to comply with the provisions hereof unless a notice ofsuch noncompliance executed by any member ofthe ARC shall appear in the Public Records or legal proceedings shall have been instituted to enjoin the noncompliance or to enforce compliance with this Article VII. Section 7.05. Variances. The ARC may grant variances from compliance with the architectural provisions ofthis Declaration or the Architectural Guidelines, including, without limitation, restrictions upon height, size or placement ofstructures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may reasonably require. The granting of any variance shall not operate to waive any ofthe terms and provisions ofthis Declaration or the Architectural Guidelines for any purpose except as to the particular Lot and the particular provision covered by the variance, nor shall it affect the Owner's obligation to comply with all applicable Laws. Such variances may only be granted when unique circumstances dictate and no variance shall (i) be effective unless in writing,(ii) be contrary to the restrictions set forth in this Declaration, or (iii)estop the ARC from denying a variance in other similar or dissimilar circumstances. Section 7.06. Waiver of Liability. None of Declarant, the ARC, the Directors or the Association, or any agent, employee or officer thereof,'shall be liable to anyone submitting Plans for approval or to any Owner,occupant,tenant,subtenant, invitee, licensee or guest ofthe Property by reason of or in connection with approval or disapproval of any Plans, or for any defect in any Plans submitted, reviewed, revised or approved in accordance with the requirements of the ARC,or for any structural or other defect in any work done according to or contrary to such Plans. Approval of Plans, or any other approvals, variances or consents by the ARC,are given solely to protect the aesthetics ofthe Property in thejudgment ofthe ARC and shall not be deemed a warranty, representation or covenant that any action taken in reliance thereon complies with all applicable Laws, nor shall ARC approval be deemed approval ofany Plan or design from the standpoint ofstructural safety or conformity with building or other codes. Every person who submits Plans for approval agrees, by submission of such Plans, and every Owner or occupant, tenant and subtenant of any Lot agrees, by acquiring title thereto or an interest therein, that it
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