Section 1- Architectural Control Committee ("Committee")
So long as the Declarant is either a Class "A" or Class "B" member (voting member) of the Association, the Declarant shall act as the Architectural Control Committee ("act as the Committee") created by this Article 15 (even if the Development Period has ended) unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee, the Declarant shall have all authority and perform all functions given to the Committee by these Declarations and applicable law, all references to "Committee" in this Article 15 shall apply to the Declarant while acting as the Committee.
If the Declarant is still a voting member of the Association but elects not to act as the Committee, then (1) if the Development Period has not ended, Declarant shall appoint a Committee to function as the Committee and (2) after the Development Period, the Board shall appoint the Committee. At such time as the Declarant is no longer a voting member of the Association, the Board shall have the authority to appoint the Committee provided for by this Article 15 The Committee, when appointed, shall consist of not less than three (3) and not more than five (5) Members. It is not a requirement that Members of the Committee be (1) Owners or (2) Members of the Association.
If the Declarant is still a voting member of the Association, but has elected to relinquish its management authority to the Board, pursuant to Article 3, Section 1, then Declarant shall still act as the Committee, pursuant to this Section 1, until such time as Declarant elects not to act as the Committee, or until such time as the Declarant is no longer a voting member of the Association.
Section 2 - Jurisdiction and Purpose
The Committee or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appurtenant recreational facilities (e.g , hot tubs, basketball courts, tennis courts, swimming pools, and bath houses), or other exterior structures to be placed upon the Properties. No exterior addition, structural alteration, or exterior structures of any kind may be made until plans and specifications showing the nature, kind, shape, height, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of homes in the Plat. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the (1) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat.
Section 3 - Membership
Except as provided in this Article 15, Section 1, the Committee shall be appointed by the Board An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons.
Section 4 - Designation of a Representative
The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The decisions of such individuals are subject to review by the entire Committee at the request of any member of the Committee.
Section 5 - Donation of Time
No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members shall have no financial liability resulting from Committee actions.
Section 6 - Address of the Committee
The address of the Committee shall be at the registered office address of the Association.
Section 7 - Voting
Committee decisions shall be determined by a majority vote of the members of the Committee.
Section 8 - Submission of Plans
All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures
- The location of the structure upon the Lot,
- The elevation of the structure with reference to the existing and finished Lot grades,
- The general design,
- The interior layout,
- The exterior finish materials and color, including roof materials;
- Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating development proposals.
- A plot plan at a scale of one inch equals 20 feet (1" = 20') shall be required, which shall include topography information if the Lot has a grade difference from one side to another of more than ten (10) feet. The plan shall also include specific details of front and side yard landscaping improvements extending up to the edge of the street paving on the lot frontage
- The submittal to the Committee must be accompanied by the information summary sheet attached as Exhibit "A" to this Declaration An information requested must be included on the summary sheet for the Committee to be able to consider the submittal complete The time period allowed for review by the Committee as set forth in Section 12 herein shall commence once the submittal is considered complete.
Section 9 - Plan Check Fee
All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee of Fifty and No/100 Dollars ($50.00) will be charged to review plans and specifications for Residences. A fee of Twenty-five and No/100 Dollars (525 00) will be charged for the review of other structures. After the Development Period, the review fees may be changed by vote of a majority of the Board, to cover reasonable review costs.
Section 10 - Evaluating Development Proposals
The Committee shall have the authority to establish aesthetic standards for evaluating development proposals In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external size, design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed Lot (the "design elements") harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Wilderness Hollow II, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The Committee shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature Committee determinations may be amended by a majority vote of Committee members.
Section 11 - Exclusions
So long as the Declarant is either a Class "A" or Class "B" voting member of the Association, the Declarant shall have the right to waive the plans and specifications review for builders in Wilderness Hollow II. Any such waiver shall not exempt said builder from any of the standards or restrictions articulated in this Declaration, and all structures and improvements shall meet all standards and restrictions contained in these Declarations, subject to any variations approved by the Committee.
Section 12 - Approval Procedures
Within fourteen (14) days after the receipt of a complete application, including all required information, and plans and specifications, the Committee shall approve or disapprove the proposed structure The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration and criteria (including those in this Article 15, Section 10) or to its aesthetic standards The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event that no disapproval of such plans and specifications is given within fourteen (14) days of submission, then the plans shall be deemed to be approved In any event, the Association shall hold the Committee members (and the Declarant, if acting as the Committee) harmless from any actions taken (;or actions not taken) relative to the approval, disapproval, or non-action on any plans submitted for review "Non-action" on the part of the Committee shall not exempt the applicant from any of the provisions of this Declaration or the restrictions articulated herein By purchasing a Lot in Wilderness Hollow II, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the Committee.
Section 13 - Compliance with Codes/Environmental Laws
In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements The Owner shall hold the Committee members (and Declarant) harmless in the event that a structure which the Committee (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the Committee or acting on behalf of the Committee, nor the Declarant acting as the Committee, or anyone acting on behalf of the Declarant. shall be held responsible for any defect in any plans or specifications which are approved by the Committee or Declarant nor shall any member of the Committer or any person acting on behalf of the Committee or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. or by the Declarant.
Neither the Declarant, the Committee, nor any member of the Committee, nor the Association, nor anyone acting on behalf of the Committee or the Association, shall have any responsibility for compliance by Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil storage tanks.
Section 14 - Variations/Final Authority of the Committee
The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions, or (3) to accommodate particular aspects of an application for approval, which when taken in context with the overall proposal by a Lot Owner, does not, in the Committee's sole discretion, have a significant detrimental effect on the Plat or nearby Lots.
For purposes of approval of architectural design requirements, structure placement and all other aspects of review authority granted to the Committee and the Declarant through this Declaration, the decision of the Committee and the Declarant shall be final. The Committee shall have the sole and exclusive authority to deny approval for any construction in the Plat of Wilderness Hollow II, so long as it is the decision of the Committee that such construction will be detrimental to the community of Wilderness Hollow II and/or the lots immediately adjacent thereto This shall include the right to deny proposed construction which meets the basic minimum requirements of the Declaration, but is substantially out of character or design with the theme of Wilderness Hollow II and/or the majority of construction already approved within the development, or the construction already approved on adjacent or nearby lots.
Section 15 - Enforcement
The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring suit for judicial enforcement of a determination of the Committee, or, after the Development Period, to seek an order requiring the Committee to exercise its authority, and perform its functions, under this Article 15 In any judicial action to enforce a determination of the committee, the losing party shall pay the prevailing party attorney fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article 16, Section 5).
Enforcement by the Association may also include placement of a "stop work" order on any construction that does not comply with the provisions of this Declaration, including, but not limited to, construction that is started by any Owner without first complying with the provisions of this Article 15 for architectural review This action may be taken by the Association as deemed necessary in accordance with the provisions of Article 9, Section 4 herein.
The authority to take action under the provisions of this section shall further extend to failure of any Owner to pay the required review fees and submit the necessary plans and specifications required by the provisions of this section to the Association, prior to commencing with any work on said Owner's Lot.
Section 16 - Committee/Declarant Liability
The Association, and all Owners, shall hold the Committee members and the Declarant, if acting as the Committee, harmless from any actions taken (or actions not taken) under any section of this Declaration, including, but not limited to, actions taken (or not taken) under Articles 12, 13 and 15 of this Declaration By purchasing a Lot in Wilderness Hollow II, the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the Committee under this Declaration.
"Non-action" on the part of the Committee or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration.
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