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the generality of the foregoing, fencing materials shall be restricted to cedar or wrought iron unless otherwise approved by the Architectural Review committee and in no event shall chain-link fences be permitted on the Property.
3.1.21 Animals: No animals, livestock, poultry or bees of any kind shall be raised, bred, kept or boarded in or on the Property; provided, however, that the owner of each Lot may keep a reasonable number of dogs, cats, fish or other domestic animals which are bona fide household pets so long as such pet(s) is/are (i) not kept for any commercial purpose; (ii) kept under control at all times; and (iii) not kept in such number or in such manner as to create a nuisance. Notwithstanding anything to the contrary contained in the foregoing, the Board shall have, and is hereby granted, the right and authority to determine in its sole discretion that dogs, cats or other household pets are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create a nuisance, or that any owner is otherwise in violation of this section and to take such action or actions as it deems necessary to correct any such violation including the imposition of fines. It is expressly understood that any Owner's right to keep household pets is coupled with a responsibility for such Owner's pet(s) and accordingly, each owner of a household pet is financially responsible and liable for any damage caused by such pet.
3.2 Exemption of Declarant: Notwithstanding anything in this Declaration to the contrary, during the Period of Declarant Control neither Declarant nor any of Declarant's activities shall in any way be subject to the control of, or under the jurisdiction of, the Architectural Review Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to (i) excavate and grade; (ii) construct and alter drainage patterns and facilities; (iii) construct any and all other types of Improvements; (iv) maintain no more than 8 model homes and 8 construction, sales and leasing offices and similar facilities of a size, and in the locations, determined by the Declarant from time to time (all real estate used for such purposes not designated as a Lot on the Map is a part of the Common Area) ; and (v) post signs incidental to construction, sales and leasing, on the Common Area and/or Lots owned by Declarant. Notwithstanding anything to the contrary contained in the foregoing no such activities shall be carried on in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by any owner or his family of the Owner's Lot; and once the Declarant ceases to be an Owner, the Declarant will cease to have any rights with regard to any real estate used as a sales office, management office, or model.
3.3 Assignment by Declarant/Transfer of Special Declarant Rights: Notwithstanding any other provision of this Declaration to the contrary, Declarant may delegate, transfer or assign in whole or in part any of its privileges, exemptions, development rights and duties under this Declaration (including the special Declarant Rights, to any other Person and may permit the participation in whole or in part by any other Person in any of its privileges, exemptions rights and duties hereunder. Without in any way limiting the generality of the preceding sentence, Declarant may in its sole discretion exempt from the control and jurisdiction of the Architectural Review Committee any Developer, or any assignee and successor in interest of all or substantially all of Declarant's interests, rights, and responsibilities in and to the Property. Any such delegation, transfer or assignment must be made in accordance with C.R.S. § 38-33.3-304.
4.1 Organization: The Association is a non-profit Colorado corporation created for the purposes, charged with the duties, and invested with the powers prescribed by law, the Act, and/or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles, Bylaws nor any Rules (continued next page)
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