Orange County NC Website
Browse       Search
119 <br /> right to exercise any one or more of the rights, easements and privileges reserved to Declarant <br /> under the terms hereof. <br /> Article VHl <br /> ARCHITECTURAL AND LANDSCAPING CONTROL <br /> General <br /> Notwithstanding anything contained in this Declaration to the contrary, no Improvements, <br /> including,without limitation,site preparation on any Lot,change in grade or slope of any Lot,or <br /> erection of buildings or exterior additions or alterations to any building situated upon the Property, <br /> erection of or changes or additions in fences,hedges,walls and other structures,any landscaping, <br /> or any cutting of trees on any Lot,shall be commenced,erected or maintained on any portion of <br /> the Property until: (a) the Architectural Review Board, appointed as hereinafter provided, has <br /> approved the plans,specifications and materials therefor and the location of such Improvements <br /> and has given its written approval for commencement of construction,all in accordance with the <br /> terms and requirements in the Architectural, Design and Landscape Guidelines; (b)the fees set <br /> forth in or contemplated in this Article VIII have been paid;and(c)the contracts identified in this <br /> Article VIII have been executed. In addition to any standards established pursuant to this <br /> Declaration,Declarant may establish,by Additional Declarations, architectural and landscaping <br /> control standards, guidelines and restrictions in regard to various Phases or sections of the <br /> Property. The provisions of this Article VIII shall not apply to the construction of any <br /> Improvements commenced, erected or maintained by Declarant on any Lot or upon any of the <br /> Common Areas or Maintenance Areas. <br /> The Board may delegate to the Architectural Review Board any powers or authority reserved or <br /> granted to the Board under this Article VIII. <br /> Section 1. Composition of Architectural Review Board <br /> . Until such time as a Certificate of Occupancy is issued for a residence on every recorded Lot in <br /> Eden View Acres the members of the Architectural Review Board shall be appointed by Declarant. <br /> At such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot <br /> in Eden View Acres or at such earlier date as Declarant releases its right to appoint the members <br /> of the Architectural Review Board,the members of the Architectural Review Board shall thereafter <br /> be appointed by the Board. During the period that the Declarant appoints the members of the <br /> Architectural Review Board, the length of terms and number of members of the Architectural <br /> Review Board shall be determined by the Declarant in its sole discretion. Once the Board begins <br /> to appoint the members of the Architectural Review Board, the members of the Architectural <br /> Review Board shall be appointed annually,and the Architectural Review Board will be composed <br /> of at least three(3)and not more than seven(7)individuals,the exact number of members of the <br /> Architectural Review Board to be designated from time to time by the Board. The members of the <br /> Architectural Review Board need not be Owners of property in the Project. In the event of the <br /> death or resignation of any member of the Architectural Review Board,the party or body then <br /> having the authority to appoint members to the Architectural Review Board shall have full <br /> authority to designate and appoint a successor. Members of the Architectural Review Board may <br /> 26 <br />