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<br />10.3 Appointment of Architectural Committee: Declarant shall initially appoint the original
<br />Architectural Committee, which shall consist of not less than three (3) nor more than five (5) members. Said
<br />members shall remain until the first anniversary of the issuance of the Public Report for the Project. Declarant
<br />reserves to itself the power to appoint a majority of members of the Architectural Committee until ninety
<br />percent (90%) of all the Units in the Project have been sold or until the fifth anniversary of the issuance of the
<br />Final Subdivision Public Report, whichever first occurs. Until the earlier of the events specified in the
<br />preceding sentence, the provisions of this Section 10.3 may not be amended or deleted without the written
<br />consent of Declarant. Thereafter the Board shall have the power to appoint all of the members of the
<br />Architectural Committee. After one (1) year from the date of the issuance of the original public report, at least
<br />one (1) member shall be appointed to the Architectural Committee by the Board. Members appointed to the
<br />Architectural Committee need not be Members of the Association. Action taken by the Architectural
<br />Committee shall not be subject to review, revision or revocation by the Board. If Declarant or the Board, as
<br />may be applicable, fail to appoint an Architectural Committee, the Board shall serve as the Architectural
<br />Committee and all references in this Declaration to the Architectural Committee shall refer to the Board.
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<br />10.4 Approval or Disapproval Architectural Committee: The Architectural Committee or the
<br />Association shall approve or disapprove a proposed alteration by sending a written notice thereof to the
<br />Owner who so requested said proposed alteration. Such approval shall not have the effect of, or be construed
<br />as, in any manner modifying, altering or waiving of the provisions, covenants, conditions or restrictions set
<br />forth herein. The Architectural Committee shall make its determination as to approval or disapproval of the
<br />proposed alterations within thirty (30) days of the submission of said proposed alteration to the Architectural
<br />Committee. Failure on the part of the Architectural Committee or the Association to render a decision within
<br />the thirty (30) day period mentioned above, shall be deemed to be a waiver of any and all jurisdiction of said
<br />Architectural Committee or Association as to said plans and specifications, or either of them, and of said
<br />location and/or construction, but nothing contained herein, shall be construed as a waiver on the part of the
<br />Association or its successors or assigns or any other Owner in the Pr oject, of their right to enforce the
<br />conditions recited herein or their right to enforce the conditions recited herein or their right to enforce
<br />compliance of any other conditions, restrictions and covenants set forth herein. In the event of any disapproval
<br />by the Architectural Committee of either a preliminary or final submission of plans, a resubmission of revised
<br />plans will follow the same procedure as the original submission.
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<br />10.5 Inspection of Work: Upon the completion of any construction, reconstruction, or the alteration
<br />or refinishing of the exterior of any Improvement, or upon the completion of any other work for which approved
<br />plans are required under this Article, the Owner shall give written no tice thereof to the Architectural
<br />Committee. Within sixty (60) days thereafter, the Architectural Committee, or its duly authorized
<br />representative, may inspect such Improvement to determine whether it was constructed, reconstructed,
<br />altered, or refinished in substantial compliance with the approval plans. If the Architectural Committee finds
<br />that such construction, reconstruction alteration or refinishing was not done in substantial compliance with
<br />the approved plans, it shall notify the Owner in writing of such non-compliance. If the Owner fails to give
<br />written notice as provided herein, the period within which the Architectural Committee may inspect the
<br />Improvement and give notice of non-compliance shall be extended to one hundred eighty (180) days after
<br />actual completion. If upon the expiration of thirty (30) days from the day of such notification, the Owner shall
<br />have failed to remedy such non-compliance, the Board shall then set a date on which a hearing shall be held
<br />regarding the alleged non-compliance. Written notice of the hearing date shall be given at least ten (10) days
<br />in advance thereof to the Owner.
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<br />At the hearing, the Owner, the Architectural Committee, and any other interested person may present
<br />information relevant to the question of the alleged noncompliance. After considering all such information, the
<br />Board shall determine whether there is a non-compliance, and if so, shall determine the nature thereof and
<br />the estimated cost of correcting or removing the same. If a non-compliance exists, the Board shall require the
<br />Owner to remedy or remove the same within a period of not more than forty -five (45) days from the date of
<br />the ruling. If the Owner does not comply with the ruling within such period or within any extension thereof as
<br />the Association may grant in its discretion, the Association, at its option, may enter the Unit after three (3)
<br />days' written notice to the Owner of such Unit and perform, or cause to be performed, such work or other acts
<br />as may be required to remove the non-complying Improvement or remedy the noncompliance, and the Owner
<br />of said Unit shall forthwith pay all costs and expenses incurred in connection therewith upon presentation to
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