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<br /> or termination of this Declaration or any provision of the Guidelines (or any valid waiver thereof or
<br /> exemption therefrom). See Guidelines Exhibit XXXX
<br /> Section 11.02 Improvements and Alterations. Unless and until a plan of construction is
<br /> approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the
<br /> Architectural Control Committee, no Building (including any residential building) or Improvement,
<br /> whether of a temporary or a permanent nature and whether or not affixed to the ground, shall be
<br /> commenced, erected, installed, added or permitted to remain on any Lot or Common Elements. The plans
<br /> for any grading and landscaping of any Lot or Common Elements shall also require the prior written
<br /> approval of Declarant during the Period of Declarant Control or, thereafter, the Architectural Control
<br /> Committee.
<br /> Unless and until a plan of alteration is approved, in writing, by Declarant or the Architectural
<br /> Control Committee, as applicable, no construction, alteration or repair, including, but not limited to, a
<br /> change in exterior color of any Building (including any residential building) or Improvement, shall be
<br /> undertaken which affects the external appearance of such Building or Improvement on any Lot or Common
<br /> Elements.
<br /> No Building or Improvement on any Lot or Common Elements shall be utilized for a type of use
<br /> other than that for which it was originally designed without the prior written approval of Declarant during
<br /> the Period of Declarant Control or,thereafter,the Architectural Control Committee. In addition,no mature
<br /> live trees located outside the building setbacks on any Lot or Common Elements may be cut down or
<br /> removed without the prior written approval of Declarant during the Period of Declarant Control or,
<br /> thereafter,the Architectural Control Committee,unless necessary to stop the spread of any disease or abate
<br /> any dangerous situation.
<br /> Nothing contained in this Section shall be construed to limit the right of an Owner to remodel the
<br /> interior of his or her home or to paint the interior thereof any color desired.
<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 by the
<br /> Architectural Control Committee subsequent to the Period of Declarant Control; provided, however, that
<br /> written notice of such appeal of any decision or determination of the Architectural Control Committee shall
<br /> be delivered to a member of the Board of Directors not later than thirty(30)days after the date the written
<br /> decision or determination of the Architectural Control Committee from which an appeal is sought was
<br /> rendered by the Architectural Control Committee. The Board of Directors shall establish such appeal
<br /> process as it deems reasonable. Subsequent to the Period of Declarant Control,the Board of Directors shall
<br /> have the power and authority to (a) amend, modify, supplement, terminate and/or waive any provision of
<br /> the Guidelines,and(b)review and uphold,amend,modify,supplement or overturn,in whole or in part, any
<br /> decision or determination of the Architectural Control Committee. The Board of Directors shall render and
<br /> deliver to the appealing Owner its decision on any such appeal, in writing, and in a prompt manner. The
<br /> decision of the Board of Directors shall be final and shall be binding upon the affected Owner, Lot or
<br /> Common Elements. The provisions of this Section shall not apply to any decision or determination made
<br /> or rendered by the Board of Directors subsequent to the Period of Declarant Control while acting in the
<br /> capacity of the Architectural Control Committee.
<br /> Section 11.04 Limitation. NOTWITHSTANDING ANY PROVISION CONTAINED IN
<br /> THIS ARTICLE OR ELSEWHERE IN THIS DECLARATION TO THE CONTRARY, NONE OF THE
<br /> PROVISIONS CONTAINED IN THIS ARTICLE SHALL APPLY TO THE DEVELOPMENT,
<br /> IMPROVEMENT, MAINTENANCE AND/OR REPAIR OF THE PROPERTY, OR ANY PART
<br /> THEREOF, BY DECLARANT, AND NEITHER THE ARCHITECTURAL CONTROL COMMITTEE
<br /> NOR THE BOARD OF DIRECTORS SHALL HAVE ANY POWER OR AUTHORITY PURSUANT TO
<br /> THIS DECLARATION TO REVIEW, REQUIRE ANY MODIFICATION TO, OR DISAPPROVE ANY
<br /> PLANS,PERMITS OR APPROVALS FOR THE CONSTRUCTION OF ANY STREET, BUILDING OR
<br /> IMPROVEMENT BY DECLARANT.
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