Article VIII: Architectural Control

Section 1. Architectural Control

Except for those improvements constructed by Declarant, no building, fence, wall, driveway, parking area or other structure or improvement shall be commenced, erected, placed or maintained upon the Property, nor shall any exterior addition to, change, alteration or repair (other than repairing or restoring the exterior of any building located upon the Property to its original appearance and color) therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association or by an ARC composed of three (3) or more representatives who need not be Members. Declarant shall have the right to appoint any or all of the members of the ARC or such lesser number as it may choose, as long as Declarant owns ten percent (10%) or more of the Lots, and members of the ARC may be employees of Declarant or its designees. In the event the Board of Directors or the ARC fails to approve or disapprove such design and location within thirty (30) days after the plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

Section 2. Submittal of Information by Owner

Prior to the commencement of any construction, each Owner shall submit to the ARC, in duplicate, plans and drawings, in a one-eighth (1/8) scale or larger, which shall contain, at a minimum:

(a) Front elevations;

(b) Floor plan;

(c) The area of heated floor space;

(d) Exterior building material to include color and type of material (brick, vinyl, aluminum, cedar, etc.);

(e) Exterior trim color; and

(f) Roofing material and color.

The above requirements also apply to any proposed alterations and/or additions to existing structures.

The documents and other information required to be submitted shall be delivered or mailed to the ARC at the Declarant’s address, or after turnover, to the Association’s address. One (1) complete set shall be retained by the ARC and the second complete set shall be returned to the applicant, with the ARC’s approval or disapproval clearly noted thereon.

Section 3. Modification of Restrictions

The ARC is authorized to modify or amend prior to or during construction or alteration of any building or other improvement these restrictions concerning set-back and location and size of improvements if, in the opinion of the ARC, such shall be necessary to prevent undue hardship.

Section 4. Licensed Contractor or Builder

All construction by any Owner on a Lot shall be performed by a contractor or builder duly licensed in the State of Florida.

Section 5. Construction

Once construction on a Lot has commenced, each Owner shall be responsible for ensuring that construction proceeds at an orderly, diligent and timely pace, with no work stoppage in excess of 14 consecutive days, acts of God excepted. Each Owner shall be responsible for repairing at Owner’s expense all and any damage to Common Areas caused by its contractors, subcontractors, agents, and employees. The construction of all houses and other structures and improvements shall be completed within 7 months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder. Houses and other dwelling structures may not be temporarily or permanently occupied until completed (completion of the home is defined as having received a Certificate of Occupancy). During the continuance of construction, the Owner shall require the contractor to maintain the Lot in a clear and uncluttered condition. Clean-up and removal of all boxes, trash or debris of any kind shall be performed by Owner or its contractor on a regular basis. No loose trash will be permitted to be strewn about the Property at any time. Any contractor who disregards this clean-up requirement will be, without recourse against the ARC, Declarant or the Association, subject to immediate suspension of his work until he complies with the clean-up requirement in every respect. Contractors who continue to disregard this clean-up requirement may be permanently removed from the Property without recourse against the ARC, Declarant or the Association.

Upon completion of construction, the Owner shall cause the contractor to immediately remove all equipment, tools and construction materials from the Lot. Any damage to roads, curbs or property owned by others caused by the Owner’s contractor or other parties providing labor or services to the Owner shall be repaired by the Owner or by the Declarant at Owner’s expense.

Section 6. Assignment

Declarant expressly reserves the right to assign any or all of the duties, powers, functions, and approval authority set forth herein to any assignee in Declarant’s sole discretion.

Section 7. Limitation of Approval

No approval of plans or specifications by the ARC shall ever be construed as representing or implying that such plans, specifications or standards will, if followed, result in a properly designed residence. Such approvals and standards shall, in no event, be construed as representing or guaranteeing that any residence or improvement thereto will be built in a good and workmanlike manner. The ARC shall not be responsible for or liable for any defects in any plans or specifications submitted, revised, or approved under these covenants nor for any defects in construction pursuant to such plans and specifications. The Owner shall have sole responsibility for compliance with the restrictions set forth herein and does hereby hold the ARC harmless for any failure thereof caused by the Owner’s architect, builder or contractor.

Section 8. Litter

It shall be the responsibility of each Owner of each Lot and tenant thereof to prevent the accumulation of litter, trash, packing crates, or unkept condition of buildings or grounds on its Lot, or to permit accumulations which shall tend to substantially decrease the beauty of the Lot or community as a whole. No loose trash will be permitted to be strewn about the Property at any time. Garbage containers must be kept out of sight from the street, except during collection hours.