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d. The ACC shall have authority to establish reasonable criteria and <br /> requirements for alterations, and shall be the sole judge of whether the <br /> criteria are satisfied. The criteria for approval shall include and require, at <br /> a minimum, (i) substantial uniformity of color, size, location, type and <br /> design in relation to existing improvements and topography, (ii) <br /> comparable or better quality of materials as used in existing <br /> improvements, (iii) ease of maintenance and repair, (iv) adequate <br /> protection of the Property, the Association, Owners and Occupants from <br /> liability and liens arising out of the proposed alterations, and (v) <br /> compliance with governmental laws, codes and regulations. <br /> d. Approval of alterations which encroach upon another Unit or the Common <br /> Elements shall create an appurtenant easement for such encroachment in <br /> favor of the Unit with respect to which the alterations are approved; <br /> provided, that any easement for a deck or patio other than as originally <br /> constructed shall be approved by resolution of the ACC and a file of such <br /> resolutions shall be maintained permanently as a part of the Association's <br /> records. <br /> 8.2 Review Procedures. The following procedures shall govern requests for <br /> alterations under this Section: <br /> a. Detailed plans, specifications and related information regarding any <br /> proposed alteration, in form and content acceptable to the ACC, shall be <br /> submitted to the ACC at least forty-five (45) days prior to the projected <br /> commencement of construction. No alterations shall be commenced prior <br /> to approval. <br /> b. The ACC shall give the Owner written notice of approval or disapproval. <br /> If the ACC fails to approve or disapprove within forty-five (45) days after <br /> receipt of said plans and specifications and all other information requested <br /> by the ACC, then approval will not be required, and this Section shall be <br /> deemed to have been fully complied with so long as the alterations are <br /> done in accordance with the plans, specifications and related information <br /> which were submitted. <br /> C. If no request for approval is submitted, approval is denied, unless (i) the <br /> alterations are reasonably visible and (ii) no written notice of the violation <br /> has been given to the Owner in whose Unit the alterations are made, by <br /> the Association or another Owner, within six months following the date of <br /> completion of the alterations. Notice may be direct written notice or the <br /> 20 <br /> 022818 <br />