8F Consent 2021 0907 - Laserfiche WebLink

Home

4810-5342-0509, v. 2 46 become effective upon execution. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration or the Design Guidelines shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Unit or Exclusive Use Easement Area and particular provision hereof covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all Applicable Laws affecting its use of the Condominium, including, without limitation, zoning ordinances and lot setback lines or requirements imposed by the City or any other Governmental Entities. 8.12 Appointment of Design Review Committee. The Board shall have the right to delegate its review and approval rights under this Article to a Design Review Committee or an outside consultant. If the Board so elects to appoint members to serve as a Design Review Committee, the Design Review Committee shall consist of three (3) members. One (1) alternate member may be designated by the Board to act as a substitute on the Design Review Committee. In the event the Board appoints an Design Review Committee, the rights and obligations set forth in Section 8.3 (Approval of Plans) (other than Section 8.3.3 (Reconsideration)), and Section 8.4 (Inspection and Correction of Work), and/or such other rights and obligations under this Article as the Board may delegate in writing to the Design Review Committee, shall apply to the Design Review Committee and all references to the Board in such Sections shall be deemed to refer to the Design Review Committee. The initial members of the Design Review Committee shall be representatives of Declarant (or its agents) until one (1) year after the original issuance of the Public Report for the Property (“First Anniversary”). After the First Anniversary, the Board may appoint and remove one (1) member of the Design Review Committee, and Declarant may, but is not obligated to, appoint and remove a majority of the members of the Design Review Committee and fill any vacancy of such majority, until the earlier of: (a) the date of the close of escrow for the sale of the Condominium representing the ninetieth (90th) percentile close of escrow of all the Condominiums in the Community and the Annexable Property, or (b) the fifth (5th) anniversary of the original issuance of the Public Report for the Property, after which the Board may appoint and remove all members of the Design Review Committee. Design Review Committee members appointed by the Board must be Owners, but Design Review Committee members appointed by Declarant need not be Owners. Directors may serve as Design Review Committee members. The Board may, upon notice, remove any member of the Design Review Committee, other than a member appointed to the Design Review Committee by Declarant. Exercise of the right of appointment and removal as set forth herein shall be evidenced by the specification in the minutes of the Association of each new Design Review Committee member or alternate member appointed and each member or alternate replaced or removed from the Design Review Committee. 8.13 Compensation. The members of any Design Review Committee appointed by the Board shall receive no compensation for services rendered other than reimbursement by the Association for expenses incurred by them in the performance of their duties hereunder, unless the Association retains a professional architect, engineer or designer as a member of the Design Review Committee for the purpose of providing professional services, in which event reasonable compensation for such member shall be approved by the Board. 8.14 Declarant Exemption. The provisions of this Article shall not apply to any Improvements installed by Declarant or repaired by Declarant pursuant to the Limited Warranty or Civil Code Section 895, et seq., and neither the Board nor the Design Review Committee shall have any rights of review or approval with respect thereto. ARTICLE 9 DEVELOPMENT RIGHTS 9.1 Limitations of Restrictions. Declarant is undertaking the work of developing Condominiums and other Improvements within the Community. The completion of the development work and the marketing and sale, rental and other disposition of the Condominiums by Declarant are essential to the establishment and marketing of the Property as a first class condominium community. In order that the work may be completed, nothing in this Declaration shall be interpreted to deny Declarant the rights set forth in this Article. 299