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202506836
<br />Modification shall be made or done without the prior written approval of the Design Review
<br />Committee ("DRC"), which shall consist of the Board of Directors of the Association.
<br />Any Owner desiring approval of the DRC for any Construction or Modification shall
<br />submit to the DRC a written request for approval specifying in detail the nature and extent of the
<br />Construction or Modification that the Owner desires to perform. The request for approval must
<br />be accompanied by plans or specifications showing the nature, kind, color, shape, height,
<br />materials, and location of the Improvements and such other information as may be required by
<br />the Design Guidelines. Any Owner requesting the approval of the DRC shall also submit to the
<br />DRC any additional information, plans, and specifications that the DRC may request.
<br />In the event that the DRC fails to approve or disapprove a complete application for
<br />approval within forty-five (45) days after the application, together with all supporting
<br />information, plans, and specifications requested by the DRC, have been submitted to the DRC,
<br />such application shall be deemed denied. Approval by the DRC of any Construction or
<br />Modification shall not be deemed a waiver of the DRC's right to withhold approval of any
<br />similar Construction or Modification subsequently submitted for approval.
<br />The provisions of this Article IV(C) do not apply to, and approval of the DRC shall not
<br />be required for, any Construction or Modification or any other work made by or on behalf of the
<br />Declarant. The approval required of the DRC pursuant to this Section shall be in addition to, and
<br />not in lieu of, any approvals or permits that may be required under any federal, state, or local
<br />law, statute, ordinance, rule, or regulation.
<br />2. In reviewing plans and specifications for any Construction or Modification, the
<br />DRC may consider any and all factors that the DRC, in its sole and absolute discretion,
<br />determines to be relevant, including but not limited to: (a) the harmony of the proposed
<br />Improvements with existing Improvements in the Project or with Improvements previously
<br />approved by the DRC but not yet constructed; (b) the location of the proposed Improvements in
<br />relation to existing topography, finished grade elevations, roads, Common Area, and other
<br />structures; (c) the exterior design, finish materials, and color of the proposed Improvements; and
<br />(d) compliance of the proposed Improvements with this Declaration. The DRC may disapprove
<br />plans and specifications for any Construction or Modification even though the plans and
<br />specifications may be in substantial compliance with this Declaration if the DRC, in its sole and
<br />absolute discretion, determines that the proposed Construction or Modification, or some aspect
<br />or portion thereof, is undesirable or unattractive.
<br />Decisions of the DRC may be based on purely aesthetic considerations. Each Owner
<br />acknowledges that determinations as to such matters are purely subjective and opinions may vary
<br />as to the desirability and attractiveness of certain Improvements. Each Owner agrees that the
<br />decision of the DRC shall be final on all matters submitted to it pursuant to this Declaration.
<br />3. Upon receipt of approval from the DRC for any Construction or Modification, the
<br />Owner who had requested such approval shall commence the Construction or Modification
<br />approved by the DRC within ninety (90) days after the date of such approval and shall diligently
<br />pursue such Construction or Modification so that it is completed as soon as reasonably
<br />practicable and within such time as may be prescribed by the DRC. If the Construction or
<br />Modification is not commenced within the time period presented in this Section, the DRC may
<br />revoke its approval of the Construction or Modification.
<br />4. Any Construction or Modification approved by the DRC must be done or
<br />performed in accordance with the plans and specifications approved by the DRC. No change,
<br />deletion, or addition to the approved plans and specifications may be made without the prior
<br />written approval of the DRC.
<br />5. All Improvements constructed on Lots shall be of new construction, and no
<br />buildings or other structures shall be removed from other locations on to any Lot.
<br />6. The approval by the DRC of any Construction or Modification shall not be
<br />deemed a warranty or representation by the DRC as to the quality of such Construction or
<br />Modification or that such Construction or Modification conforms to any applicable building
<br />codes or other federal, state, or local law, statute, ordinance, rule, or regulation. The DRC shall
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