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121 <br /> storage sheds or areas;roofed structures;parking areas;fences;"invisible"pet fencing;pet"runs," <br /> lines and similar tethers or enclosures; walls; irrigation equipment, apparatus and systems; <br /> landscaping (including cutting or removal of trees); hedges; mass plantings; poles; driveways; <br /> ponds;lakes;changes in grade,slope or drainage patterns;site preparation;swimming pools;hot <br /> tubs;jacuzzis;tennis courts;tree houses;basketball goals;skateboard ramps;and other sports or <br /> play apparatus; signs; exterior illumination; and changes in any exterior color or shape. The <br /> definition of Improvements includes both original Improvements and all later changes to <br /> Improvements. The definition of Improvements,however, does not include the replacement or <br /> repair of Improvements previously approved by the Architectural Review Board,provided such <br /> replacement or repair does not change exterior colors,materials,designs or appearances from those <br /> which were previously approved by the Architectural Review Board. <br /> Section 4. Enforcement <br /> (a) It is Declarant's intent that the architectural control provisions of this Declaration and any <br /> Additional Declarations are to permit control of the architectural design and landscaping and to <br /> establish quality standards for construction and construction activity in the Project and to help <br /> preserve values of properties in the Project. All Owners,by purchasing property subject to this <br /> Declaration,acknowledge that a violation of any such provisions could result in irreparable harm <br /> and damage to other Owners of property in the Project and to Declarant,and to the values of their <br /> respective properties in the Project, a monetary measure of which harm and damage would be <br /> difficult to establish. Accordingly, the Association shall have the specific right (but not the <br /> obligation)to enforce and/or to prevent any violation of the provisions contained in this Article <br /> VIII by a proceeding at law or in equity against the person or persons violating or attempting to <br /> violate any such provisions. Declarant hereby specifically reserves and grants unto the <br /> Architectural Review Board,the Board and any agent or member thereof,the right of entry and <br /> inspection upon any portion of the Property for the purpose of determination by the Architectural <br /> Review Board or the Board whether there exists any construction of any Improvement which <br /> violates the terns of any approval by the Architectural Review Board,the terms of the Guidelines, <br /> the terms of this Declaration or any Additional Declaration,or the terms of any amendments hereto <br /> or thereto. <br /> (b) As to nonconforming or unapproved Improvements, the Association may require any <br /> Owner to restore such Owner's Improvements to the condition existing prior to the construction <br /> thereof (including, without limitation, the demolition and removal of any unapproved <br /> Improvements)if such Improvements were commenced or constructed in violation of this Article. <br /> In addition,the Association may,but has no obligation to,cause such restoration,demolition and <br /> removal to be performed and to levy the amount of the cost thereof as a Special Individual <br /> Assessment against the Lot or portion of the Property upon which such Improvements were <br /> commenced or constructed. In the event that it becomes necessary to resort to litigation to <br /> determine the propriety of any constructed Improvement,to remove any unapproved Improvement <br /> or otherwise to remedy a violation of the Guidelines,the Association shall be entitled to recover <br /> court costs, attorneys' fees and expenses incurred by the Association and/or the Architectural <br /> Review Board in connection therewith,which costs,fees and expenses may be levied as a Special <br /> 28 <br />