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201309222 <br />(g) Whether the restrictions impose too great a cost in relation to what typical Owners <br />in the community are willing to spend. <br />4.7.2 Mechanical Equipment. Window type air conditioners will not be allowed <br />whether installed in a window or a wall. <br />4.7.3 Antenna or Satellite Dishes. No antenna, aerial, satellite dish, or other device for <br />the transmission and /or reception of television or radio (including amateur or ham radio) signals <br />of any kind (collectively, "Antennae ") will be allowed outside the Residence, except those <br />Antennae for which installation and use is protected under Federal law or regulations (generally, <br />certain antennae under one meter in diameter ` or less). To eliminate the possibility of <br />miscommunication and /or noncompliance of the Design Guidelines, Owners are required to <br />apply to the DRC for prior approval of Antennae installation. <br />If prior approval is not received from the DRC, the Owner accepts full responsibility and <br />cost for covering the violation to comply with Design Guidelines. Antennae must meet the <br />following guidelines: <br />(a) Antennae shall be designed to assure the minimal visual intrusion possible (i.e., is <br />located in a manner that minimizes visibility from the street or neighboring <br />properties) and preserve the Design Guidelines. <br />(b) Antennae shall comply to the maximum extent feasible with the Design <br />Guidelines within the confines of applicable Federal regulations (i.e., without <br />precluding reception of quality signal or unreasonably increasing the cost of the <br />antenna). <br />(c) Dishes twenty -nine (29) inches or smaller in diameter are approved by the DRC <br />for rear or side locations, if appropriately screened and not within the 20 -foot <br />setback. Side house mounts are perm itted at a minimum of fifteen (15) feet from <br />the front corner of the structure. <br />(d) Any transmission cable from a receiver to the Residence must be underground, as <br />provided in this Declaration. <br />The DRC review for approval or denial for any antenna or satellite dish must occur <br />within ten (10) days of the DRC's receipt of the request. A request shall be deemed to be <br />approved if the Owner has not been notified by the DRC of disapproval prior to the expiration of <br />the 10 -day review period. <br />4.7.4 Restriction of Owner Remedies. Notwithstanding the foregoing, however, by <br />accepting a deed to any Lot, each Owner covenants and agrees that he or she will not bring any <br />action, claim, or suit for damages against the Association, any member of the Board or of the <br />DRC, or the Declarant for any acts taken, or for any failure to take action, in reviewing and <br />approving, disapproving, or conditionally approving any matters pursuant to this Section. <br />Rather, the sole and exclusive remedy that any Owner may obtain for any violation of said <br />regulations, or of any other legal requirements pertaining to antennas or satellite dishes, shall be <br />an action for specific performance to require the approval of the placement of the same on the <br />Lot in question. <br />Page 24 of 68 <br />