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<br /> termination of the Period of Declarant Control, the Board of Directors shall act as the
<br /> Architectural Control Committee. Subsequent to the expiration or termination of the Period of
<br /> Declarant Control, the Architectural Control Committee shall have the power and authority to
<br /> amend, modify, supplement and/or waive any provision of the Guidelines and enforce the
<br /> provisions of this Declaration and the Guidelines with respect to the construction or alteration of
<br /> any Building or Improvement on any Lot or Common Elements, as well as landscaping, arboreal
<br /> and vegetative requirements for the Community. The initial Guidelines shall be established by
<br /> Declarant and may be amended, modified, supplemented and/or waived by Declarant from time
<br /> to time during the Period of Declarant Control. Declarant shall have the power and authority to
<br /> enforce the Guidelines during the Period of Declarant Control but may, in its sole discretion,
<br /> delegate such power, in full or in part, to the Architectural Control Committee and/or the Board
<br /> of Directors at any time prior to the expiration or termination of the Period of Declarant Control.
<br /> Any amendment, modification, supplement or waiver of any provision of the Guidelines shall be
<br /> effective upon adoption by Declarant or the Architectural Control Committee, as applicable, and
<br /> need not be recorded in the office of the Register of Deeds of Orange County, North Carolina.
<br /> Notwithstanding the foregoing, any Building or Improvement constructed, erected or placed on
<br /> any Lot or Common Elements in compliance with the provisions of this Declaration and the
<br /> Guidelines (or any valid waiver thereof or exemption therefrom) in effect at the time such
<br /> Building or Improvement was constructed, erected or placed, shall be permitted to remain in
<br /> place, as originally constructed, erected or placed notwithstanding any subsequent amendment,
<br /> modification, supplementation or termination of this Declaration or any provision of the
<br /> Guidelines (or any valid waiver thereof or exemption therefrom).
<br /> Section 11.02 Improvements and Alterations. Unless and until a plan of
<br /> construction is approved, in writing, by Declarant during the Period of Declarant Control or,
<br /> thereafter, by the Architectural Control Committee, no Building (including any residential
<br /> building) or Improvement, whether of a temporary or a permanent nature and whether or not
<br /> affixed to the ground, shall be commenced, erected, installed, added or permitted to remain on
<br /> any Lot or Common Elements. The plans for any grading and landscaping of any Lot or
<br /> Common Elements shall also require the prior written approval of Declarant during the Period of
<br /> Declarant Control or,thereafter,the Architectural Control Committee.
<br /> Unless and until a plan of alteration is approved, in writing, by Declarant or the
<br /> Architectural Control Committee, as applicable, no construction, alteration or repair, including,
<br /> but not limited to, a change in exterior color of any Building (including any residential building)
<br /> or Improvement, shall be undertaken which affects the external appearance of such Building or
<br /> Improvement on any Lot or Common Elements.
<br /> No Building or Improvement on any Lot or Common Elements shall be utilized for a
<br /> type of use other than that for which it was originally designed without the prior written approval
<br /> of Declarant during the Period of Declarant Control or, thereafter, the Architectural Control
<br /> Committee. In addition, no mature live trees located outside the building setbacks on any Lot or
<br /> Common Elements may be cut down or removed without the prior written approval of Declarant
<br /> during the Period of Declarant Control or, thereafter, the Architectural Control Committee,
<br /> unless necessary to stop the spread of any disease or abate any dangerous situation.
<br /> Nothing contained in this Section shall be construed to limit the right of an Owner to
<br /> remodel the interior of his or her home or to paint the interior thereof any color desired.
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