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12 BML Covenants 12. THE ARCHITECTURAL
CONTROL COMMITTEE (ACC)
12.1 Standards of
Construction. It is intended that all buildings and structures in the Development,
including their design, location, materials, colors, and other aesthetic
factors, shall blend and be compatible and harmonious with the Development's
natural surroundings and environs. Therefore, no building or other improvements
of any character shall be erected or placed thereon, nor the erection or
placing thereof be commenced, nor changes be made in the design thereof, nor
any addition be made thereto, nor exterior alteration be made thereon after
original construction, nor any alteration whatsoever of the exterior building
appearance be made (including walls, roof, walk, driveway, door, window, glass,
patio, patio fence and any other exterior surface or any surface visible to the
exterior), unless and until the approval of the construction plans and
specifications or other improvements or alterations has been obtained from the
Architectural Control Committee (the “ACC"). In addition, no building or structure shall be erected, placed or
altered on any building lot within the Development until the plot plan showing
the location of such building or structure has been approved in writing as to
its conformity with the established building setback requirements and as to its
conformity, harmony and compatibility with the general character of the
Development. In order to protect this standard for all existing and future Owners
within the Development, the ACC's judgment with respect to the compatibility
with the general character of the Development shall be conclusively binding
upon all Owners. Declarant intends that the ACC shall not apply this standard
unreasonably but, in matters of judgment, this standard is to be applied at the
sole discretion of the ACC. Without limiting any of the foregoing, certain
specific standards are set forth in this Declaration and are and will be set
forth in the Community Declarations in order to establish, to the extent
possible, certain basic standards for construction, landscaping and signs. The
ACC shall promulgate, in writing, such further rules, standards and regulations
as it deems necessary, subject to approval by the Board. å 12.2 Application. Approval shall be granted only upon
written application in the manner and form prescribed by the ACC. The
application shall show the location of all improvements existing upon the
property, the location of the improvement proposed to be constructed, the color
and composition of all exterior materials to be used, any proposed landscaping,
complete and particularized plans and specifications for foundations and any other
information which the ACC may require. å 12.3 Power to Charge Fees. The ACC may require a reasonable
filing fee to accompany each application. å 12.4 Power of Disapproval. The ACC may disapprove any
application: (a) which does not comply with this Declaration
or a Community Declaration; or (b) because of reasonable dissatisfaction with
grading plans, location of the proposed improvement, finished ground elevation,
color scheme, finish, design proportions, architecture, shape, height or style
of the proposed improvement, the materials used therein, the kind of pitch or
type of roof proposed to be placed thereon; or (c) if, in the judgment
of the ACC, reasonably exercised, the proposed improvement will be inharmonious
with the Development, or with other improvements erected in the Development. å 12.5 Power
to Grant Variances.
The ACC may allow reasonable variances from the provisions of
this Declaration or a Community Declaration if literal application thereof
results in unnecessary hardship, if such variance is in conformity with the
general intent of this Declaration or a Community Declaration, and if the
granting of such variance will not be materially detrimental or injurious to
other Owners. å 12.6 Membership. The ACC shall be composed of three (3)
members appointed by Declarant. Vacancies shall be filled by Declarant, or if
Declarant fails to do so within two (2) months, by the Board. å 12.7
Duties. The ACC shall act within thirty (30)
days after all required information has been submitted. The ACC shall retain
one copy of submitted material and return the other copy. All notices to
applicants shall be in writing. Any disapproval shall specify the reason
therefor. The approval of the ACC of plans and specifications shall not be a
waiver by the ACC of its right to object to any of the features or elements
contained in any subsequent plans or specifications submitted for approval. The
ACC may inspect work being performed to assure compliance with this Declaration
or Community Declaration and the ACC's rules. Failure of the ACC to act upon an
application within thirty (30) days shall constitute approval of an
application. At any time prior to the completion of construction of an improvement,
the ACC may require a certification of the contractor, the Owner, or a licensed
surveyor, that such proposed improvement does not violate any set back rule,
ordinance or statute or encroach upon any easement or right-of-way of record.
Such certification shall be delivered to the ACC within ten (10) days prior to
construction of such improvement. å 12.8 Liability. Neither the ACC, the Declarant, the
Association, nor any person acting on behalf of any of them, shall
be responsible in any way for any defects in plans or specifications or other
material submitted to the ACC, nor for any defects in any work done. 12.9 Appeals. Any Owner shall have the right to appeal to the
Board from any adverse decision of the ACC within thirty (30) days after the
giving of notice of disapproval, and the Board shall have authority to confirm,
reverse or modify the decision of the ACC. 12.10 Community Control. Each Community Association Board
of Directors shall have the right and power from time to time to adopt
reasonable rules and regulations governing the architectural design and
exterior finish of all structures or improvements from time to time located
within its Community, subject at all times to the rules and regulations and
decisions from time to time adopted by the ACC pursuant to Section 12.1. å In no event shall the exterior of any Unit, any garage structure, any
structure which contains Units or any recreational facility located on a
Community Common Area be changed in design, color, material, finish or
otherwise unless such change is approved by the Community Association Board of
Directors for the affected Community and by the Association Board (unless the
Association overrides the Community Association Board or unless the plan is not
disapproved by either the Community Association Board or the Association Board
within 30 days after the receipt of a request for such approval). Requests for
permission to make any such changes shall be made in writing and delivered in
person or by certified mail to the appropriate Community Association Board and
the Association Board (or its designated committee) at the registered office of
the Association. In the event of a conflict with any rules and regulations or other
actions taken by a Community Association relating to or affecting matters under
the Association's jurisdiction, then the decision of the Association shall
govern. The Association Board may waive the requirement of approval of plans
and specifications by the ACC pursuant to Section 12.1 and this Section 12.10,
respectively, where a Community Association has adopted procedures for
reviewing and approving such plans and specifications which are comparable to
those followed by the ACC, and, with respect to any specific request for
approval, such Community Association has issued its approval. å 12.11 Remedies. If any Community Association or Owner shall fail to
maintain or repair any building exterior for which it is responsible or shall
change (or permit a change to be made in) the color, material, finish or any
other aspect of any such building, without complying with the provisions of
Sections 12.1 or 12.10 or the rules and regulations adopted thereunder then, in
addition to any remedies which the Association may have hereunder or by law and
without waiving any of such remedies, the Association shall have the right to
enter upon such structure and to repair, maintain or restore the exterior and
any improvements thereto or do whatever it deems necessary or appropriate to
remedy any such failure or to correct and restore any improper condition. The
cost (as determined by the Association Board) of any such corrective work shall
be charged to the Community Association or Owner that is responsible for the
maintenance of such structure. If the Community Association or Owner fails to
pay such cost to the Association within 30 days after demand, then the cost
thereof shall be a Personal Charge hereunder payable directly to the
Association by such Owners, or in the event of the Community Association, then
by the Owners who are members of the Community Association in such proportions
as shall be set forth in the Community Declaration which governs the Community
Association. If such corrective work becomes necessary as a result of the
actions of an Owner or Owners, then in lieu of the foregoing collection
procedure, the Association may collect the cost thereof from such Owner or
owners as a Personal Charge hereunder in the proportions determined by the
Association Board. å | ||||||||||||||||||||||||||||||||||||||||||||
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