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<br /> <br />4810-5342-0509, v. 2 <br /> 43 <br /> <br />Declarant to inspect the Association Property, to repair or maintain any portion thereof or any Improvements <br />there within, or to cure any failure of the Association to perform its Maintenance Obligations. <br />Notwithstanding the forgoing, the Association shall have all inspections performed and otherwise comply <br />with California Civil Code Section 5551 to the extent the inspection is required for the Community under <br />such section. <br /> <br />7.7 Future Construction. Nothing in this Declaration shall limit the right of Declarant to <br />complete construction of Improvements to the Association Property and to Condominiums owned by <br />Declarant or to alter them or to construct additional Improvements as Declarant deems advisable before <br />completion and sale of the entire Community. <br />ARTICLE 8 <br />DESIGN REVIEW <br />8.1 Scope of Review. No Improvements of any kind whatsoever shall be commenced, <br />erected, placed or altered upon or around any Unit or any Exclusive Use Easement Area until the Owner <br />has submitted complete plans and specifications showing the nature, kind, shape, height and materials of <br />such Improvements, including the color and any other requirements set forth in the Design Guidelines <br />(“Plans”), and such Plans have been approved in writing as to harmony of external design and location <br />with regard to surrounding structures and topography by the Board. In addition, the grade, level or drainage <br />characteristics of the Unit, Exclusive Use Easement Area or any portion thereof shall not be altered without <br />the prior written consent of the Board. An Owner shall also be obligated to obtain any approvals required <br />by the City or other Governmental Entities. <br />8.2 Design Guidelines. The Board may, from time to time and in accordance with California <br />Civil Code Section 4355, et seq., adopt, amend and repeal, rules and regulations to be known as “Design <br />Guidelines.” The Design Guidelines shall interpret and implement the provisions hereof by setting forth <br />the standards and procedures for Board review and guidelines for architectural design of Improvements, <br />placement of Improvements, color schemes, exterior finishes and materials and similar features which are <br />recommended for use in the Community; provided, however, that the Design Guidelines shall not be in <br />derogation of the standards required by this Declaration. The Design Guidelines shall be in compliance <br />with all Applicable Laws including, without limitation, California Civil Code Sections 4720 and 4735. <br />8.3 Approval of Plans. Prior to the installation of any Improvements, or taking other action <br />that requires the prior approval of the Board, the Owner (“Applicant”) shall submit a complete set of Plans <br />and any review fee required pursuant to the Design Guidelines and any other materials required by the <br />Association in accordance with the Design Guidelines, including evidence satisfactory to the Board that the <br />proposed Improvements are acceptable under the terms of this Declaration and the Design Guidelines, and <br />comply with all Applicable Laws and, as applicable, building code requirements (such Plans and materials <br />referred to collectively as, “Application”). <br />8.3.1 Time Periods for Review. Within forty-five (45) days after an Owner’s proper <br />submittal to the Board of an Application for approval, the Board shall consider and act upon such request. <br />In the event the Board fails to approve or disapprove the Application within forty-five (45) days after all <br />documents and information requested by the Board have been received by it, the Owner requesting said <br />approval may submit a written notice to the Board advising the same of its failure to act. If the Board fails <br />to approve or disapprove any such Application within fifteen (15) days after the receipt of said notice from <br />such Owner, said Application shall be deemed approved, provided that any Improvements conform to all <br />conditions and restrictions contained in this Article and are aesthetically harmonious with similar structures <br />erected within the Community. <br />8.3.2 Compliance With California Civil Code. In approving Plans submitted to it <br />pursuant to this Article, the Board shall comply with the requirements of California Civil Code Section 4765. <br />8.3.3 Reconsideration. If a Design Review Committee is appointed and the Design <br />Review Committee disapproves any Plans submitted by an Owner pursuant to this Article, the Applicant <br />296