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<br />are less restrictive, the provisions of this Declaration shall nonetheless apply. The application to and the
<br />review and approval by the Board of any Plans or other submittals by an Owner shall in no way be deemed
<br />to be satisfaction or compliance with any building permit process or other Applicable Laws or public utility
<br />requirements (hereinafter collectively referred to as “Additional Requirements”), the responsibility for
<br />which shall lie solely with the Owner; provided, however, if the Additional Requirements are less restrictive
<br />than the provisions of this Declaration or the other Governing Documents, this Declaration and the other
<br />Governing Documents shall nonetheless apply.
<br />8.5 Diligence in Construction. Upon approval by the Board or Design Review Committee of
<br />any Plans, the Owner shall, if Owner elects to undertake the construction of the Improvements, commence
<br />construction of the Improvements within twelve (12) months from such approval by the Board or Design
<br />Review Committee, and once such Improvements are undertaken, diligently pursue the same to
<br />completion.
<br />8.6 Fee for Review and Inspection. The Board shall have the right to establish a fee for the
<br />review and approval of Plans and inspection of Improvements that must be submitted to the Board pursuant
<br />to the provisions of this Article. The Board shall have the right to hire an outside consultant, the opinion of
<br />which the Board deems necessary in connection with its review of any plans submitted by any Owner, and
<br />such Owner shall be liable for payment of such consultant’s fee.
<br />8.7 Interpretation. All questions of interpretation or construction of any of the terms or
<br />conditions herein shall be resolved by the Board, and its decision shall be final, binding and conclusive on
<br />all of the parties affected.
<br />8.8 Waiver. The approval by the Board of any Plans for any work done or proposed, or for
<br />any other matter requiring the approval of the Board under this Declaration, shall not be deemed to
<br />constitute a waiver of any right to withhold approval of any similar Plans or matter subsequently submitted
<br />for approval.
<br />8.9 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Board
<br />by any Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the
<br />Association), the Board shall deliver an estoppel certificate, executed by any member of the Board (with
<br />respect to any Unit of said Owner), stating that as of the date thereof, either: (a) all Improvements made
<br />and other work completed by said Owner comply with this Declaration; or (b) such Improvements or work
<br />do not so comply, in which event the estoppel certificate shall also identify the non-complying Improvements
<br />or work and set forth with particularity the basis of such non-compliance. Any purchaser from the Owner,
<br />or from anyone deriving any interest in said Unit through the Owner, shall be entitled to rely on said estoppel
<br />certificate with respect to the matters therein set forth, such matters being conclusive as between the
<br />Association, Declarant and all Owners and such Persons deriving any interest through them.
<br />8.10 Liability. Neither the Board, any Design Review Committee, nor any member thereof shall
<br />be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on
<br />account of: (a) the approval or disapproval of any Plans, whether or not defective; (b) the construction or
<br />performance of any work, whether or not pursuant to approved Plans; (c) damage to the Community or any
<br />property within the Community; or (d) the execution and filing of an estoppel certificate pursuant to Section
<br />8.9 (Estoppel Certificate), whether or not the facts therein are correct; provided, however, that the Board
<br />member has acted in good faith on the basis of such information as may be possessed by him or her.
<br />Without in any way limiting the generality of the foregoing, the Board, or any member thereof, may, but is
<br />not required to, consult with or hear the views of any Owner with respect to any Plans or any other proposal
<br />submitted to the Board.
<br />8.11 Variances. The Board may authorize variances from compliance with any of the
<br />architectural provisions of this Declaration or the Design Guidelines, including, without limitation, restrictions
<br />upon height, size, floor area or placement of Improvements or other similar restrictions, when circumstances
<br />such as topography, natural obstructions, aesthetic or environmental considerations may require. Such
<br />variances may be evidenced in writing and must be signed by at least two (2) officers of the Board and shall
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