|
34
<br /> Section 11.03 Appeals to Board of Directors. Any Owner may appeal to the Board of
<br /> Directors any construction, development, alteration or other decision or determination rendered
<br /> by the Architectural Control Committee subsequent to the Period of Declarant Control;provided,
<br /> however, that written notice of such appeal of any decision or determination of the Architectural
<br /> Control Committee shall be delivered to a member of the Board of Directors not later than thirty
<br /> (30) days after the date the written decision or determination of the Architectural Control
<br /> Committee from which an appeal is sought was rendered by the Architectural Control
<br /> Committee. The Board of Directors shall establish such appeal process as it deems reasonable.
<br /> Subsequent to the Period of Declarant Control, the Board of Directors shall have the power and
<br /> authority to (a) amend, modify, supplement, terminate and/or waive any provision of the
<br /> Guidelines, and (b) review and uphold, amend, modify, supplement or overturn, in whole or in
<br /> part, any decision or determination of the Architectural Control Committee. The Board of
<br /> Directors shall render and deliver to the appealing Owner its decision on any such appeal, in
<br /> writing, and in a prompt manner. The decision of the Board of Directors shall be final and shall
<br /> be binding upon the affected Owner, Lot or Common Elements. The provisions of this Section
<br /> shall not apply to any decision or determination made or rendered by the Board of Directors
<br /> subsequent to the Period of Declarant Control while acting in the capacity of the Architectural
<br /> Control Committee.
<br /> Section 11.04 Limitation. NOTWITHSTANDING ANY PROVISION CONTAINED
<br /> IN THIS ARTICLE OR ELSEWHERE IN THIS DECLARATION TO THE CONTRARY,
<br /> NONE OF THE PROVISIONS CONTAINED IN THIS ARTICLE SHALL APPLY TO THE
<br /> DEVELOPMENT, IMPROVEMENT, MAINTENANCE AND/OR REPAIR OF THE
<br /> PROPERTY, OR ANY PART THEREOF, BY DECLARANT, AND NEITHER THE
<br /> ARCHITECTURAL CONTROL COMMITTEE NOR THE BOARD OF DIRECTORS SHALL
<br /> HAVE ANY POWER OR AUTHORITY PURSUANT TO THIS DECLARATION TO
<br /> REVIEW, REQUIRE ANY MODIFICATION TO, OR DISAPPROVE ANY PLANS, PERMITS
<br /> OR APPROVALS FOR THE CONSTRUCTION OF ANY STREET, BUILDING OR
<br /> IMPROVEMENT BY DECLARANT.
<br /> ARTICLE XII
<br /> RESERVED DECLARANT RIGHTS
<br /> Section 12.01 _Reserved Declarant Rights. Notwithstanding any provision contained
<br /> in this Declaration to the contrary, Declarant and its members, managers, employees, contractors
<br /> and agents shall not be restricted or prevented by this Declaration from doing, and Declarant and
<br /> its members, managers, employees, contractors and agents shall have the right to do such things
<br /> and to take such actions as they may deem necessary, advisable or convenient to complete the
<br /> development of the Property as a residential planned community consistent with applicable
<br /> permits, approvals, ordinances, regulations, statutes and laws, and/or effect the sale or other
<br /> disposition of Lots. The rights reserved by Declarant, for itself and its members, managers,
<br /> employees, contractors and agents, shall include, without limitation, and without the requirement
<br /> of approval or consent by or from the Members or the Association,the rights to:
<br /> (a) expand the Property to include Additional Property, including any Lot(s)
<br /> and/or Common Elements subdivided therefrom,as provided in Section 2.02;
<br /> 24
<br />
|