Instrument #2022025031 #36 Book:8196 Page:4807
will not bring any action, proceeding or suit to recover any such damages and shall be deemed to have automatically agreed to hold harmless and indemnify the Board, the ARC, the Declarant and the Association, and all ofthe foregoing's directors, officers, members, agents and employees from and for any losses, claims, liabilities, expenses, causes ofaction or damages connected with the aforesaid aspects ofthe Plans,improvements or alterations. Section 7.07. Enforcement. Declarant and the Association, acting on their own behalf or through a management company, shall have standing and authority on behalf of the Association to enforce in courts of competent jurisdiction the Architectural Guidelines and the decisions of the ARC. Should Declarant or the Association be required to enforce the provisions hereof by legal action, the reasonable attorneys' and paralegals' fees and costs and expenses incurred, whether or not judicial proceedings are involved, including the attorneys' and paralegals' fees and costs, and expenses incurred on appeal from judicial proceedings, shall be collectible from the violating Owner. Should any Owner fail to comply with the requirements hereof after thirty (30) days' written notice, Declarant and the Association shall have the right, but not the obligation, to enter upon the Owner's Lot, make such corrections, alterations or modifications as are necessary, or remove anything in violation of the provisions hereof, the Rules and Regulations, or the Architectural Guidelines, and charge the costs and expenses thereofto the Owner as an Individual Assessment. Declarant,the Association the Board and the ARC and all ofthe foregoing's directors, officers, members,agents and employees,shall not be liable to the Owner or to any occupant or invitee of any Lot for any trespass or damages or injury to property or person for any action taken hereunder unless caused by gross negligence, intentional misconduct or intentional wrongdoing. Section 7.08. Exemption. Declarant, before and after Turnover, shall be exempt from any Architectural Guidelines and the architectural control provisions ofthis Article VII. Declarant, before and after Turnover, shall be entitled to construct or install any new improvement, and to alter or change or modify any existing improvement, without submitting Plans to or obtaining the approval ofthe ARC. Section 7.09. No Waiver ofFuture Approvals. The approval ofthe ARC ofany proposals or Plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent ofthe ARC,shall not be deemed to constitute a waiver ofany right to withhold approval or consent as to any similar proposals, Plans, specifications, drawings or matters subsequently or additionally submitted for approval or consent.
ARTICLE VIII
EXTERIOR MAINTENANCE
Section 8.01. Owner's Responsibility.
(a) Each Owner shall keep and maintain that Owner's Lot, Dwelling and all buildings and other improvements and structures and landscaping located on that Owner's Lot in good repair and in a neat, orderly and attractive condition. The minimum (but not exclusive) standard for maintenance of improvements and structures shall be consistency with the approved Plans thereof and with the general appearance ofthe other Dwellings and improvements in the Property as a whole when initially constructed and improved (taking into account, however, normal weathering and fading of exterior finishes, but not to the point ofunsightliness). (b) The maintenance obligation of each Owner as to Dwelling, building, structure and improvements on the Owner's Lot shall include, without limitation, maintenance of all exterior surfaces and roofs,fascia and soffits, awnings,trellises, decorative facades,screens, windows and
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