Design Guidelines

Any Construction Activity to the exterior of Lot, including without limitation the exterior of any structure on a Lot, may not be commenced or maintained except upon the prior written approval of the DRP, as set forth in more detail in the Design Manual. Except as set forth in Section 8.8, the DRP has the express authority to review, accept, condition, modify, or deny all plans for any Construction Activity requested by an Owner to ensure that the Construction Activity complies with the Governing Documents and is compatible with, and inappropriate for, the Property and Lot.

Owner acknowledges that, in connection with any Construction Activities performed by or at the request of an Owner, such Owner must comply with the applicable provisions of Governing Documents, which documents may include, among other things, the following: (i) procedures and fees for making application for design review approval, including, without limitation, the documents and materials to be submitted and the process utilized to approve or disapprove any submission; (ii) deposits that may be required before a Construction Activity is commenced; (iii) time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under such documents; (iv) conditions to any consent or approval that that the DRP deems necessary or appropriate, including, without limitation, fines for failure to comply; (v) the nature, kind, shape, height, color, materials and location of Improvements, parking, landscaping, open space, signage, skylining, setbacks, utilities, storm water management, grading, erosion control, fencing, interaction with wildlife, fault and landslide areas, air contaminants, water quality, heat, lighting and glare, noise, vibration, electrical disturbances, fire and other hazards, permitted uses within specific areas, the scale of development, maximum floor area and other dimensional limitations, impervious surface, density, construction standards and any other matter regulated pursuant to the Declaration or the Design Manual.

The DRP, upon approval by the Board, or Board shall have the authority to retain the services of one or more independent consulting architects, landscape architects, engineers, contractors and experts to advise and assist the DRP in performing the review functions prescribed in this Article and in carrying out provisions of the Declaration and Design Manual. Such consultants may be retained to advise the Board and/or DRP on a single or number of projects or on a continuing basis.

The Board and/or DRP, upon approval by the Board, shall have the authority to require reasonable fees to be paid with the filing of applications to offset expenses. In addition, the Board and/or DRP, upon approval by the Board, shall have the authority to set and require Owners to post reasonable deposits prior to commencing Construction Activities for the purpose of assuring that Construction Activities will be completed within the time specified and in compliance with approved plans and applicable requirements.

The Board or DRP shall have the authority to revoke or suspend the review and/or approval and/or order the suspension or cessation of any Construction Activity for violation(s) of the Governing Documents or for failure to construct the Improvements in accordance with the approved plans. In addition, the Board shall have the authority to record a notice of such non-compliance in the Public Record.

If requested by the Board or DRP, an Owner, upon final completion of such Owner’s Construction Activity, shall request in writing from the DRP a certificate of substantial completion. In the event of denial, the DRP shall state its reasons in writing and provide the Owner a reasonable time to address the reasons for denial (e.g., complete the Construction Activity in accordance with DRP approval) and reapply for a certificate of substantial completion. The Board and/or DRP shall not be required to release any deposits held pursuant to this Article until a certificate of substantial completion has been issued.

Notwithstanding anything stated to the contrary, before the Transfer Date the Declarant may adopt, amend, add to, or delete any provision of the Design Manual or related Rules and Regulations, including without limitation provisions regarding the procedure and fees for making application for design review approval; establishing design guidelines; establishing deposits that may be required prior to the commencement of any Construction Activity; and for any other purpose that will assist the DRP in the DRP’s review of applications to perform Construction Activities. Until the Transfer Date the Declarant shall have the exclusive right to construe and interpret the pertinent provisions of any such Design Manual. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Declarant’s construction or interpretation of the Design Manual and the provisions of this Article shall be final, conclusive, and binding as to all Persons and property benefitted or bound by the provisions hereto. The Declarant may delegate any or all of its rights hereunder to the Board or Association prior to the Transfer Date. After the Transfer Date, the Design Manual and any related Rules and Regulations may only be adopted, amended, added to, or provisions deleted, by an Affirmative Vote of the Majority.

Until the Transfer Date the Declarant, and thereafter the Board, may, in their sole and absolute discretion, approve, conditionally approve, or deny a variance from the Design Manual when (i) there is a valid justification, (ii) where the variance does not have a negative impact on the Lots or the Property as a whole, (iii) where the variance is reasonable in relation to the overall character and nature of the area; and (iv) based on design merit. The Owner shall apply in writing for a variance addressing the above criteria and the precise variance from the Design Manual that is being requested. The Declarant or Board’s decision shall be stated in writing. The decision to grant a variance shall not be deemed a waiver of any provision of the Declaration and the Declarant or Board shall not be deemed required to grant a similar variance under other similar circumstances. No variance shall be granted in violation of any local land use regulations unless explicitly authorized by the appropriate review agency or agencies. The Declarant may delegate any or all of its rights hereunder to the Board prior to the Transfer Date. Neither the Declarant nor the Board is obligated to approve a variance.

If a director on the Board submits a project to the DRP for review, that director shall recuse himself from as a voting member of the Board and not participate in the review and discussion of the submitted Construction Activity if the same comes before the Board.

Any approval or disapproval by the DRP shall be in writing and in the case of a denial shall state the reasons for such denial. Decisions of the DRP are final unless an Owner appeals in writing to the Board to reconsider the DRP’s decision. A appeal must be made in writing within ten (10) business days after notice of the DRP’s decision and be delivered by personal delivery, mail, or email to the Board. The request will be considered by the Board at its next regularly scheduled meeting. The Board will in writing affirm or modify the DRP’s decision, and the Board’s decision is final.

The standards and procedures established by this Article and the Design Manual are intended to enhance the overall aesthetics of the Property. None of the Declarant, Association, the Board, or the DRP, nor any of their respective officers, directors, employees, members, or agents, shall be responsible or liable for ensuring the structural integrity or soundness of approved Improvement, nor for ensuring compliance with building codes and other governmental or quasi-governmental entity requirements, nor for ensuring the appropriateness of soils, drainage, and general site and geotechnical work. A consent or approval or certificate of substantial completion issued on behalf of the Association means only that DRP or Board, as applicable, believes that the Construction Activity for which the consent, approval or certificate was requested complies with the Declaration and Design Manual. No such consent or approval shall be interpreted to mean that the Construction Activity covered thereby (i) complies with laws, rules, regulations, ordinances or other requirements of any governmental or quasi-governmental authority, or any applicable covenants, conditions or resolutions, (ii) is free from defects, errors or omissions, (iii) is structurally sound, or (iv) lies within the boundaries of a Lot, and by submitting materials to the DRP for its review, the applicant shall be deemed to have waived all claims against the Association, Board, and DRP based on the foregoing disclaimed matters. None of the Declarant, Association, the Board, DRP, nor their respective officers, directors, employees, members, or agents of the foregoing, shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved or disapproved Construction Activity.