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122 <br /> Individual Assessment against the Lot or other portion of the Property upon which such <br /> Improvement was commenced or constructed. <br /> Section 5. Failure of the Architectural Review Board to Act <br /> . The Architectural Review Board shall approve or disapprove any plans and specifications and <br /> other submittals or reject them as being inadequate or unacceptable within forty-five(45)business <br /> days after receipt thereof. If the Architectural Review Board fails to approve or disapprove any <br /> plans and specifications and other submittals or to reject them as being inadequate or unacceptable <br /> within forty-five(45)business days after receipt thereof,it shall be conclusively presumed that the <br /> Architectural Review Board has disapproved such plans and specifications and other submittals. <br /> If plans and specifications or other submittals are not sufficiently complete or are otherwise <br /> inadequate,the Architectural Review Board may reject them as being inadequate or may approve <br /> or disapprove part, conditionally or unconditionally, and reject or approve the balance. The <br /> Architectural Review Board is authorized to request the submission of samples of proposed <br /> construction materials. <br /> Section 6. Variances <br /> . Upon submission of a written request for a variance,which request shall set forth,among other <br /> things,the extraordinary circumstances applicable to a Lot giving rise to the need for a variance, <br /> the Architectural Review Board may,from time to time,in its sole discretion,permit Owners to <br /> construct,erect or install Improvements which are at variance with restrictions,requirements or <br /> provisions of this Declaration or any Additional Declaration from which a variance is permitted, <br /> pursuant to the terms hereof or thereof In any case,however,the Architectural Review Board <br /> may grant a variance only due to the existence of extraordinary circumstances applicable to a Lot, <br /> which extraordinary circumstance (i) has not been caused by the Owner of such Lot and (ii) <br /> materially impairs the ability of an Owner to construct a Dwelling Unit on such Owner's Lot. Any <br /> variance granted shall be in basic conformity with and shall blend effectively with the general <br /> architectural style and design of the community and shall not materially change the scheme of <br /> restrictions herein set forth. Written requests for variances shall be deemed to be disapproved in <br /> the event the Architectural Review Board has not expressly and in writing approved such request <br /> within thirty(30)business days of the submission of such request. No member of the Architectural <br /> Review Board shall be liable to any Owner for any claims,causes of action,or damages arising <br /> out of the grant or denial of any variance to any Owner. Each request for a variance submitted <br /> hereunder shall be reviewed separately and apart from other such requests and the grant of a <br /> variance to any Owner shall not constitute a waiver of the Architectural Review Board's right to <br /> strictly enforce the covenants,restrictions and architectural standards provided hereunder or under <br /> any Additional Declaration against any other Owner. If a variance is granted,the Owner receiving <br /> such variance shall comply with the more restrictive of the terms of the variance or applicable <br /> local,state or federal laws(including,without limitation,local zoning and development laws),and <br /> the granting of a variance shall not relieve any Owner from the obligation of complying with such <br /> laws. <br /> Section 7. Fees Required by the Architectural Review Board <br /> 29 <br />