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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 /> commencement of legal action by the Association or an Owner. The <br /> Owner of the Unit in which the alterations are made shall have the burden <br /> of proof, by clear and convincing evidence, that the alterations were <br /> completed and reasonably visible for at least six months following <br /> completion and that the notice was not given. <br /> 8.3 Remedies for Violations. The Association may undertake any measures, legal or <br /> administrative, to enforce compliance with this Section and shall be entitled to <br /> recover from the Owner causing or permitting the violation, all attorneys' fees <br /> and costs of enforcement, whether or not a court action is commenced. Such <br /> attorneys' fees and costs shall be a lien against the Owner's Unit and a personal <br /> obligation of the Owner. In addition, the Association shall have the right to enter <br /> the Owner's Unit and to restore any part of the Dwelling or Unit to its prior <br /> condition if any alterations were made in violation of this Section, and the cost of <br /> such restoration shall be a personal obligation of the Owner and a lien against the <br /> Owner's Unit. <br /> 8.4 Protection from Liability. Neither Declarant, the Association, its directors or <br /> officers, the members of the ACC, nor any person acting on behalf of any of <br /> them, shall be liable for any costs or damages incurred by any person due to any <br /> alleged mistakes in judgment, negligence or any action of the ACC in connection <br /> with the approval or disapproval of plans and specifications. The Association <br /> shall indemnify, defend and hold harmless the ACC and each of its members from <br /> all costs, expenses and liabilities, including attorneys' fees, of all nature resulting <br /> by virtue of the acts of the ACC or its members. Neither Declarant, the directors <br /> or officers of the Association, the members of the ACC, nor any person acting on <br /> behalf of any of them, shall be responsible for any defects in any plans or <br /> specifications, nor for any defects in any Improvements constructed pursuant <br /> thereto. Each person submitting an application for approval shall be solely <br /> responsible for the sufficiency of all plans and specifications submitted and for <br /> the quality of construction of the Improvements constructed, and shall hold <br /> harmless, indemnify and defend the Association, and their respective officers, <br /> directors, committee personnel and agents, from and against all claims, damages <br /> and liabilities arising out of the approval or construction of the Improvements to <br /> which their application relates. <br /> 8.5 No Representation of Compliance. No approval of plans and specifications and <br /> no publication of standards by the ACC shall be construed as representing or <br /> implying that such plans, specifications; or standards will, if followed, result in <br /> properly designed Improvements. Such approvals and standards shall not be <br /> construed as representing or guaranteeing that any Dwelling or other <br /> 22 <br /> Version for Council 05/22/2019 <br />