Lane Homeowners Association
ARBOR LANE HOMEOWNERS ASSOCIATION
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No structure, including storage shelters, shall be commenced, erected, placed or altered on any lot until construction plans and specifications and a plat showing the nature, shape, heights, materials, colors and proposed location of the structure or alteration have been submitted to and approved in writing by the Architectural Control Committee (Committee). It is the intention and purpose of this covenant to assure quality of workmanship and materials, harmony of external design with the existing structures as to location, topography and finished grad elevations, to avoid plan repetition and to protect views from adjacent lots. In all cases the Architectural Control Committees' consent is required.
- Major Construction
In the case of initial or substantial additional construction of a dwelling the lot owner shall prepare and submit to the Architectural Control Committee such plans and specifications for the proposed work as the Committee may require. Materials required by the Committee may include, but not necessarily be limited to the following:
- A plan indicating location of all improvements including private drainage.
- A drawing showing elevations, exterior materials and exterior color schemes of all improvements, including the mailbox/newspaper structure and fencing;
- A drawing showing yard landscape design and location including a description of plant materials in all front or side yards facing a street.
- Minor Construction
In the case of minor additions or remodeling, change of existing exterior color schemes or exterior materials, greenhouse, swimming pool construction, or any other work not referred to in a). above, the owner shall submit to the Committee such plans and specifications for the proposed work as the Committee determines to be necessary to enable it to evaluate the proposal.
- Time for Rendering a Decision
The Architectural Control Committee shall render its decision with the respect to the proposed work within 10 days after it has received all required materials.
- Architectural Control Committee Decisions
The Committee may, at its sole discretion, withhold consent to any proposed work if the Committee finds that the proposed work would be inappropriate for the particular lot or incompatible with the design standards that Declarant intends for the subdivision. Considerations such as site, shape, size, color, height, impairment of the view from other lots within this subdivision or other factors which the Committee reasonably believes to be relevant, may be taken into account by the Committee in determining whether or not to consent to any proposed work.
- Membership: Appointment and Removal
The Architectural Control Committee shall consist of as many persons as the Declarant may form time to time appoint. The Declarant shall keep on file at its principal office a list of names and addresses of Committee members. A member of the Committee shall not be entitled to any compensation for services pursuant to these covenants. The powers and duties of such Committee shall cease six (6) months after completion of construction of all dwellings on all building sites within this project and the sale of said dwellings to the initial owner/occupants. The Homeowners Association may assume the role of the Committee only upon termination of the Committees' powers and duties as set forth in this paragraph.
Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act by the Committee or a member thereof, provided that the member has in accordance with actual knowledge possessed by him acted in good faith.
Consent by the Committee to any matter proposed to it within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent.
- Effective Period of Consent
The Committee's consent to any proposed work shall automatically be revoke one year after issuance unless construction of work has commenced or the owner has applied for and received an extension of time from the Committee.
- Term and Amendment
These covenants shall run with and bind all property within this subdivision for a term of twenty five (25) years from the date this declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years. This declaration or parts thereof can be terminated, revoked or amended only by duly recording an instrument which contains the amendment or the order of revocation or termination and which is signed by the owners of seventy five percent (75%) of the platted lots except that the Declarant shall retain the authority to make amendments until the last lot is constructed upon.
In the event of any violation of any of the provisions of this declaration, the Declarant, the Association once it controls the CC&R'S as set forth herein or any other person or persons owning real property within Arbor Lane may, at their replica watches sale, exercise the right to enforce these covenants by prosecuting any proceeding at law or in equity necessary to prevent the violation or to recover damages sustained by reason of such violation. Failure by any party to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action successfully prosecuted to abate to recover damages for violation of the provision of this declaration the prevailing party shall be entitled to recover all costs including reasonable attorney fees incurred in such enforcement.
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provision which shall remain in full force and effect.
- Limitations of Liability of Declarant
Neither Declarant nor any officer or director thereof shall be liable to any owner on account of action or failure to act by Declarant in performing its duties or rights as herein set forth provided that the Declarant has, in accordance with actual knowledge possessed by it, acted in good faith.
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