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<br /> <br />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 /> <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 a <br />records. <br /> <br />8.2 Review Procedures. The following procedures shall govern requests for <br />alterations under this Section: <br /> <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 /> <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 /> <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 /> <br /> <br /> <br /> <br />_____ <br />20 <br />022818 <br /> <br />