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<br /> <br />4810-5342-0509, v. 2 <br /> 44 <br /> <br />may submit a written request for reconsideration to the Board. The Board must receive such written request <br />not more than thirty (30) days following the final decision of the Design Review Committee. Within thirty <br />(30) days following receipt of the written request for reconsideration, the Board shall render its written <br />decision in accordance with California Civil Code Section 4765. The decision of the Board shall be binding <br />and final. <br />8.3.4 Effectiveness of Final Approval. The approval granted as provided above <br />shall be effective for a period of twelve (12) months from the date of issuance. In the event construction <br />does not commence within such twelve (12) month period, the approval shall be deemed to have expired <br />and a new approval pursuant to the provisions of this Article must be obtained. <br />8.4 Inspection and Correction of Work. Inspection of work performed by or on behalf of <br />Owner and correction of defects therein shall proceed as set forth below. <br />8.4.1 Right of Inspection. The Board or its duly authorized representative may <br />enter into any Unit or Exclusive Use Easement Area, from time to time, as provided below during <br />construction or installation of any Improvements for the purpose of inspecting the construction or installation <br />thereof. If the Board determines that such construction and/or installation is not being done in substantial <br />compliance with the approved Plans, it shall notify the Owner of such noncompliance. The Board may not <br />enter into a Unit without obtaining the prior permission of the Owner or Occupant; provided, however, that <br />such prior permission shall not be unreasonably withheld and shall be given for entry by the Board or its <br />duly authorized representative during the daylight hours within forty-eight (48) hours of the request for entry. <br />8.4.2 Notice of Completion. Upon completion of any construction or reconstruction <br />or the alteration or refinishing of any Improvements, or upon the completion of any other work for which <br />approved Plans are required under this Article, the Owner shall give written notice of completion thereof to <br />the Board. <br />8.4.3 Inspection. Within thirty (30) days after receiving notice of completion, the <br />Board, or its duly authorized representative, shall have the right to enter into a Unit as provided in Section <br />8.4.1 (Right of Inspection), to inspect the Improvements to determine whether they were constructed or <br />installed in substantial compliance with the approved Plans. If the Board finds that such construction or <br />installation was not done in substantial compliance with the approved Plans, it shall notify the Owner in <br />writing of such non-compliance within such thirty (30) day period, specifying particulars of non-compliance, <br />and shall require the Owner to remedy such non-compliance. <br />8.4.4 Non-Compliance. If an Owner fails to remedy such non-compliance within <br />thirty (30) days after the date of notice of non-compliance, the Board, after affording the Owner Notice and <br />Hearing, shall determine whether there is a non-compliance, and if so, the nature thereof and the estimated <br />cost of correcting or removing the same. If non-compliance exists, the Board shall require the Owner to <br />remedy or remove the same within a period of not more than thirty (30) days from the date of the Board <br />ruling. If the Owner does not comply with the Board ruling within such period or within any extension of <br />such period as the Board in its discretion may grant, the Board, at its option, may either remove the <br />non-complying Improvement or remedy the non-compliance, and the Owner shall reimburse the <br />Association for all expenses incurred in connection therewith upon demand. If such expenses are not <br />promptly repaid by the Owner to the Association, the Board shall levy a Compliance Assessment against <br />such Owner for reimbursement. <br />8.4.5 Failure to Notify. If for any reason the Board fails to notify the Owner of any <br />non-compliance within sixty (60) days after receipt of the notice of completion from the Owner, the <br />Improvements shall be deemed to be in accordance with said approved Plans. <br />8.4.6 Government Regulations. If in the event there is any conflict between the <br />requirements or actions of the Board and the Applicable Laws relating to the Property, to the extent that <br />such Applicable Laws are more restrictive, the Applicable Laws shall control, and the Board shall modify its <br />requirements or actions to conform to the Applicable Laws; provided, however, that if the Applicable Laws <br />297