ELDRIDGE PARK

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 

 ARTICLE IV

ARCHITECTURAL CONTROL COMMITTEE 

            Section 1.  Designation of Committee.  The Association shall have an Architectural Committee appointed by the Board of Directors, which shall consist of three (3) members who shall be natural persons, and who need not be Members of the Association.  Members of the Board of Directors may also be Members of the Architectural Control Committee.  Until the Conversion Date, the appointment of the members of the Architectural Control Committee must be approved by Declarant and any and all members of such committee may be removed by the Board of Directors and/or the Declarant without cause.  After such date, the Board of Directors shall have the exclusive right and power at any time and from time to time to appoint, remove and fill vacancies on the Architectural Control Committee. 

            Section 2.  Function of Architectural Control Committee.  No Improvement, as that term is hereinafter defined, shall be erected, constructed, placed, altered (by addition or deletion), maintained or permitted to remain on any Lot until plans and specifications, in such form and detail as the Architectural Control Committee may deem necessary, shall have been submitted to and approved in writing by such committee.  The Architectural Control Committee shall have the power to employ professional consultants to assist it in discharging its duties.  The decision of the Architectural Control Committee shall be final, conclusive, and binding upon the applicant. 

            Section 3.  Content of Plans and Specifications.  The plans and specifications required by the Architectural Control Committee to be submitted and improved may include, without limitation, the following:                  

a.   A topographical plot showing existing contour grades and showing the location of all improvements, structures, walks, patios, driveways, fences and walls.  Existing and finished grades shall be shown at Lot corners and at corners of proposed improvements.  Lot drainage provisions shall be indicated as well as cut and fill details if any applicable change in the Lot contours is contemplated. 

 b.  Exterior Elevation 

              c.  Exterior materials, colors, textures, and shapes. 

    d.  Structural design. 

e.  Landscaping plan, including walkways, fences and walls, elevation changes, watering systems, vegetation and ground cover. 

              f.  Parking area and driveway plan. 

              g.  Screening, including size, location, and method. 

            The Architectural Control Committee may, at its discretion, grant the approval required by this Article IV for one set of plans and specifications submitted by a Builder for Improvements on multiple Lots, and such approval shall be effective for each Lot on which such Improvements are constructed. 

            Section 4.  Definition of “Improvement”.  Improvement shall mean and include all buildings, any roofed structures, waterfront structures, parking areas, fences, walls, hedges, mass plantings, poles, driveways, ponds, swimming pools, tennis courts, changes in any exterior color or shape, and any new exterior construction or exterior improvement which may not be included in any of the of the foregoing.  It does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which does not change exterior colors or exterior appearances.  It does include both original improvements and all later changes and improvements. 

            Section 5.  Basis of Approval.  Approval of plans and specifications shall be based, among other things, on adequacy of site dimensions, structural design, conformity and harmony of external design and of location with neighboring structures and sites, relation of finished grades and elevations to neighboring sites, and conformity to both the specific and general intent of the protective covenants and restrictions of Article 5 hereof. 

            Section 6.  Failure of the Committee to Act.  If the Architectural Control Committee fails to approve or disapprove such plans and specifications or to reject them as being inadequate within ten (10) business days after submittal thereof, it shall be conclusively presumed that such committee has approved such plans and specifications, EXCEPT that the Architectural Control Committee has no right or power, either by action or failure to act, to waive or grant any variance from the requirements of the protective covenants, conditions, and restrictions contained in Article V hereof, except as specifically provided therein. 

            Section 7.  Limitation of Liability.  The Architectural Control Committee has no liability or obligation whatsoever in connection with any plans and/or specifications and no responsibility for the adequacy thereof or for the construction of any improvements contemplated by any such plans and/or specifications.  The Architectural Control Committee has no duty to inspect any improvements; and, if the Architectural Control Committee should inspect any improvements, the Architectural Control Committee shall have no liability or obligation to any party arising out of such inspection.  The Architectural Control Committee expressly shall have no liability or responsibility for defects in or omissions from any plans and/or specifications or for defects in or omissions from the construction of any improvements.  Notwithstanding any covenant, condition or term contained in this Declaration or provision of the Bylaws of the Association to the contrary, the Architectural Control Committee shall not have any liability to any Owner arising or resulting from any act or omission of the Architectural Control Committee taken or omitted pursuant to this Declaration or the Bylaws of the Association.  Each Owner by accepting a conveyance of any Lot or of any portion of the Property conclusively shall be deemed to have unconditionally and irrevocably waived all claims against the Architectural Control Committee arising or resulting from acts or omissions pursuant to this Declaration or the Bylaws of the Association.