Section 1. The Committee. The directors of the Community Organization shall comprise the Committee herein referred to. As long as Declarant remains owner of any Lot which has not been improved with a permanent residence, the Declarant shall have the right to appoint a representative on the Committee in addition to the directors of the Community Organization. If there is a Declarant's representative on the Committee, no meeting or decision of the Committee shall be valid unless the representative is present at a meeting of the Committee or the representative has waived the right to be present at the meeting of the Committee. The Declarant's representative shall have the power and authority +o veto any decision of the Committee and the right to disapprove any plans and specifications submitted to the Committee. The determination of the Declarant's representative to veto or disapprove shall be binding on the Committee. The address of the Committee shall be the registered office of the Community Organization.
Section 2. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted in duplicate either by mail to the address of the Committee or by personal delivery to the Secretary of the Community Organization. Submitted plans and specification shall be in writing, shall contain the name and address of the person submitting the same and the Lot involved, and shall set forth the following, as applicable, with respect to the proposed improvements:
- The location of the improvements upon the Lot;
- The elevation of the improvements with reference to the existing and finished lot grade;
- The general design of the improvements;
- The interior layout of the improvements;
- The exterior finish materials and color including roof materials;
- The details of landscaping plantings and structures; and
- Such other information as may be required by the Committee to determine whether such improvements conform with these restrictions.
Notwithstanding the provisions of Article B, the Declarant may make original improvements to any of the various Lots without submission of any plans and specifications to the Committee or obtaining its approval.
Section 3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines will best achieve an attractive development of the Subdivision. The Committee's authority shall include but not be limited to establishing the height, configuration, design and appearance of the dwelling and fences, walls, outbuildings, pools, and other structures appurtenant to the use of a dwelling. Any determination made by the Committee may be subsequently amended by the Committee and shall be binding on all persons. The Committee shall be guided, but not bound, by a standard that the location of permitted accessory buildings, other than garages, shall be at a place which minimizes the visual impact and be placed in side or rear yards behind the front of the residence.
Section 4. Approval or Disapproval. Within thirty days after the submission of plans and specifications in accordance with the requirements of this Declaration and, subject to the rights of the Declarant's representative, the Committee shall by majority vote approve or disapprove such plans and specifications and may disapprove such plans and specifications which in its opinion do not conform to these restrictions or its aesthetic standards. Approval or disapproval shall be made upon one of the copies thereof and returned to the address shown on the plans and specifications. In the event that no disapproval of such plans and specifications is given within thirty days of submission in compliance herewith, such plans shall be deemed approved.
Section 5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Subdivision. No person on the Committee or acting for the Committee, including the Declarant's representative, shall be responsible for failure to act upon any plan or specification submitted to the Committee or for any defect in any plan or specification submitted or approved or for any defect in any work done according to such plans and specifications.
Section 6. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots. Approval under this Section 6 shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions.