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201309222 3.11 Improvements to Area of Association Responsibility. If plans and specifications submitted to the DRC pertain to an Improvement that is within an Area of Association Responsibility so that the Association would be responsible for the maintenance, repair, or replacement of such Improvement, the DRC may condition its approval of the plans and specifications for the proposed Construction or Modification with respect to the Improvement on the execution by the Owner of an agreement, in form and substance acceptable to the DRC and the Board, that obligates the Owner to reimburse the Association for the future cost of the repair, maintenance, or replacement of such Improvement. Any such agreement shall be Recorded. 3.12 Design Review Committee. So long as the Declarant or any Designated Builder owns one or more Lots, the Declarant and Designated Builders shall have the right to determine the number of members on the DRC and to appoint and remove the members of the DRC. At such time as neither the Declarant nor Designated Builders own any Lot, the Board shall determine the number of members on the DRC, and the members of the DRC shall be appointed and may be removed by the Board. The Declarant or any Designated Builder may at any time voluntarily surrender its right to appoint and remove the members of the DRC and, in that event, may require, for so long as the Declarant or Designated Builder own any Lot, that specified actions of the DRC, as described in a Recorded instrument executed by the Declarant or Designated Builder, be approved by the Declarant or Designated Builder before they become effective. The DRC may adopt, amend, and repeal architectural guidelines, standards, and procedures to be used in rendering its decisions ( "Design Guidelines "). The Design Guidelines may include without limitation provisions regarding (a) the size and height of Residences; (b) architectural design, with particular regard to the harmony of the design with the surrounding structures and typography; (c) placement of Residences and other buildings; (d) landscaping design, content, and conformance with the character of the Property and permitted and prohibited plants; (e) exterior color schemes, finishes, and materials; (f) signage; (g) perimeter and screen wall design and appearance; (h) time periods for commencement and completion of any approved Construction or Modification; and (i) rules and regulations governing Construction activities. Any adoption, amendment, or repeal of the Design Guidelines after neither the Declarant nor the Designated Builder has the right to appoint the DRC must be approved by the Board. The DRC may establish one or more subcommittees consisting of one or more members of the DRC and may delegate to any such subcommittee the authority and power of the DRC to approve or disapprove any Construction or Modification within a specified portion of the Project. 3.13 Compliance Deposit. The DRC shall have the right, on a case -by -case basis and in its sole discretion, to condition its approval of plans and specifications upon the receipt by the DRC of a deposit (the "Compliance Deposit ") to secure the performance of the Owner's obligations under this Section to (a) clean up and/or remove equipment, building materials, dirt, debris, and similar materials, Page 20 of 68