Agenda - 08-27-2012 - C1 - Laserfiche WebLink

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on the dwelling, including improvements to Lot 21, until the last dwelling in the Subdivision is approved and constructed. Upon approval by the Committee of the Plans as herein provided,the Committee shall evidence its approval in writing by memorandum or directly upon such Plans and the applicant Owner may then commence construction in accordance with such plans. The Committee shall approve or reject in writing any Plans within thirty(30)business days after the receipt of the submitted Plans. B. Architectural Control for Lot 21. Until such time as Declarant shall no longer be a Class B Member of the Association, no dwelling or other structure or other improvements (the "Improvements") including, but not limited to, barns, fencing and out buildings shall be erected,placed or altered on Lot 21 until the Improvements' plans and specifications for such Lot and the Lot plan for such Lot(showing the location of such Improvements on the Lot)and the Landscaping Plan for such Lot(collectively, the "Plans") have been approved in writing by the Declarant as to conformity with the Restrictions, quality, materials and as to conformity and harmony of external design with existing (and approved or proposed) Improvements in the Properties, and as to location of the improvements with respect to topography and finished ground elevation. Such written approval from the Declarant must be obtained prior to commencing clearing, grading or construction of any kind on a Lot. All Improvements shall comply with the plans as presented unless changes are approved in writing by the Declarant. The written approval of Declarant shall also be required prior to erecting or placing signs upon the lot. All roof pitches for a dwelling and/or garage or other structure on Lot 21 must be approved by Declarant. C. Limitation of Liability. No approval of Plans by Declarant or by the Committee shall be construed as a representation, warranty or implication that the Improvements, if built in accordance therewith, will be free from defect's, shall meet applicable codes and laws,or will • be built in a good and workmanlike manner. Any approvals of the Declarant'or of the Committee shall be concerned solely with matters of aesthetics and the satisfaction of the requirements set forth in the Declaration. None of the Declarant, the Association, the Committee, the Board of Directors, or the officers of Members of the Association, shall be liable or responsible to anyone submitting Plans for approval for any loss or damage arising out of or related to the approval, disapproval or failure to approve any such Plans, the noncompliance of such Plans with applicable codes and laws, or the construction undertaken pursuant to such Plans. Approval of the Plans by Declarant or by the Committee shall not be construed as approval of any Plans, or as an indication of approval of any Plans, by the governmental authorities of Durham County, North Carolina or any other federal, state or local agency. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION A. Membership. 1. Every person or entity who is a record Owner of a fee interest in any Lot which is a part of the Properties, including Contract Sellers or Builders who own the Lot(and to not merely have it under contract), shall be a Member of the Association (herein referred to as a "Member" or collectively as "Members"). The foregoing is not intended to include persons or entities who hold an interest in a Lot merely as security,unless such'persons or entities acquire title to a Lot through judicial or non- judicial foreclosure,deed in lieu of foreclosure,or other action. 2. Membership in the Association shall be appurtenant to and shall not be separated from ownership of a Lot. Ownership of a Lot shall be the sole qualification for Membership. When more than one(1) person holds an interest in any Lot, all such persons shall be Members, but the vote for such Members shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast 6