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authorized members of the ARB. Any member of the ARB appointed by the Board of Directors shall be a member of the Association. An ARB member appointed by the Board of Directors may be removed only for cause. ARB members may be appointed to serve successive terms. 16.3 No Waiver. The approval by the ARB of any plans or specifications for any work done or proposed or in connection with any other matter requiring the approval of the ARB or the Board under this Declaration shall not be deemed to be or constitute a waiver of any right to withhold approval as to any similar plan, specification or matter whenever submitted for approval. In addition, the ARB's failure to act shall not be deemed to be or constitute a waiver of any right to revie any subsequent building plans without the purview of the ARB. 16.4 Disclaimer of Liability. Neit} er th�d the ARB, nor any member thereof shall be liable to any Owner for an) damage, loss or prejudibe suffered or claimed on account of: (i) the approval or disapproval of plans or specifications j hether or not defective; (ii) the construction or performance.of any work, whether or not pursuant to approved plans or specifications; or \\ \\ \\ (iii) the development or manner ofd \ any y property within the Project; provided, however. tharsuch member has ac ted`in good fait V 16.5 Final Ac io� action taken by the ARB shall be final, subject only to a rehearing which may b \gre \\ 16:6 Variances. Where such as topography, location or property lines, location of trees, or other\matters require the ARB may allow reasonable variances as to any of the covenants conditions or restrictions contained in this Declaration under thejurisdiction of the ARB on suchsteims and conditions as it shall require; provided, however, such variances shall be in keeping with the general plan for the improvemenaaridkdevelopment the Project. Such variances shall not waive the right of the ARB to require striict dherence to this Declaration in all other circumstances. \\// ARTICLE 17 AMENDMENT OF DECLARATION 17.1 Amendment Before Close of First Sale. Before the close of the first sale of a Condominium in the Project to a purchaser other than Declarant, this Declaration and any amendments to it may be amended in any respect or revoked by the execution of an instrument amending or revoking the Declaration by Declarant and any Mortgagee of record of the property described in the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and, if this Declaration has been recorded, shall be acknowledged and recorded in the Official Records of the County Recorder of Santa Cruz County. Califomia.