|
Directors of such a master association shall be elected by all members of the executive boards of all common interest communities subject to the applicable master declaration in accordance with, and subject to, the applicable provisions of such master declaration.
5.1. Members of Committee; Appointment and Removal: The Committee shall consist of three members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing right to appoint all three members of the Committee during the Appointment Period defined below). The Association shall have the right to appoint the members of the Committee after the expiration of the Appointment Period. During the period that Declarant has the right to appoint members of the Committee, Declarant shall give the Association written notice of the appointment or removal of any member of the committee. The "Appointment Period" shall mean the period of time commencing as of the date this Declaration is recorded, and continuing until the earliest to occur of the following events: (i) when all Lots within the Property have been conveyed to owners (other than Declarant) and certificates of occupancy have been issued for the residences constructed thereon; or (ii) when, in its discretion, Declarant voluntarily relinquishes such right. Members of the Committee may, but need not be, Members of the Association. After expiration of the Appointment Period, members of the Committee to be appointed by the Association shall be appointed by the Board. Members of the Committee appointed by the Board may be removed at any time by the Board, and shall serve for such terms as may be designated by the Board or until resignation or removal by the Board. After expiration of the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Committee, but the number of members of the Committee shall not be less than three.
5.2 Design Guidelines: The Architectural Review Committee shall have the power to and may make, establish and promulgate, and in its discretion amend, repeal and reenact rules and/or guidelines regarding anything relevant to its functions including, but not limited to, minimum design standards, minimum landscaping standards, procedure for the submission of Plans and specifications for approval and fines or other reasonable penalties for violation of any provision of this Article 5.
5.3 Review of Proposed Construction: Whenever in this Declaration the approval of the Architectural Review Committee is required, it shall have the right to consider all of the Plans and specifications for the improvement or proposal in question and all other facts which in its sole discretion are relevant. Except as provided in sections 3.2 and 3.3 above, prior to commencement of any construction of any improvement on the Property, the Plans and Specifications therefor shall be submitted to the Architectural Review Committee, and construction thereof may not commence unless and until the Committee has approved such Plans and specifications in writing. The Committee shall consider and act upon any and all plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Committee. The Committee shall approve Plans and specifications submitted for its approval only if it deems that the construction, alterations, or additions contemplated thereby in the locations indicated will not be detrimental to a respective residential area and/or the Property as a whole, and that the appearance of any structure affected thereby will be in aesthetic harmony with the surrounding structures. The Committee may condition its approval of Plans and Specifications on such changes therein as it deems appropriate, and may require submission of additional Plans and specifications or other information prior to approving or disapproving (continued next page)
19
|
