2019-05-22 CC Packet - Laserfiche WebLink

Home Browse Search

shall be appointed and removed by the Board. At any time, if no ACC is in existence, the Board shall serve as the ACC. All references in this Declaration, the Rules and Regulations or other Governing Documents to the ACC shall apply to the Board, if no ACC is in existence. In addition, Declarant's written consent shall be required for alterations until such time as there are no Units owned by Declarant or a Homebuilder, Declarant no longer has the right to add Units, and Declarant has voluntarily turned over control of the Association. C. The ACC shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. The criteria for approval shall include and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing Improvements and topography, (ii) comparable or better quality of materials as used in existing Improvements, (iii) ease of Maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations. d. Approval of alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the alterations are approved; provided, that any easement for a deck or patio other than as originally constructed shall be approved by resolution of the ACC and a file of such resolutions shall be maintained permanently as a part of the Association's records. 8.2 Review Procedures. The following procedures shall govern requests for alterations under this Section: a. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the ACC, shall be submitted to the ACC at least thirty (30) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The ACC shall give the Owner written notice of approval or disapproval. If the ACC fails to approve or disapprove within thirty (30) days after receipt of said plans and specifications and all other information requested by the ACC, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. 21 Version for Council 05/22/2019