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review fee is required, plans will not be reviewed until the review fee is paid. Plan review fees may be paid at the time of submittal. The review fee schedule, if any, shall be determined by the DRC.
2. Work in Progress. After approval of any application, the proposed Improvement shall be accomplished as promptly and diligently as possible in complete conformity with the material provided with the application and any conditions imposed by the DRC. The DRC may inspect all work in progress and give notice of non-compliance. Absence of such inspection and notification during the construction period does not constitute either approval of the DRC of work in progress or compliance with these Guidelines or the Declaration. 3. Completed Work by Owners. Upon completion of any Improvement by an Owner for which approval was given by the DRC, the Owner shall furnish a notice of completion to the DRC. In addition to the applicable provisions of the Declaration, and within such reasonable time as the DRC may determine, but never exceeding ten (10) days from receipt of such written notice of completion from the Owner or its duly authorized representative, the DRC may inspect the Improvements. If it is found that such work was not done in strict compliance with the plan submitted or required to be submitted for its prior approval, it shall notify the Owner in writing of such non-compliance, specifying in reasonable detail the particulars of non-compliance, and shall require the Owner to remedy the noncompliance within 60 days. 4. Waiver or Estoppel. No action or failure to act by the DRC or the HOA shall constitute a waiver or estoppel with respect to future action by the DRC or HOA with respect to any Improvement. Specifically, the approval by the DRC or HOA of any Improvement shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or any similar proposals, plans specification or other materials submitted with respect to any other Improvement. In reviewing any matter, the DRC shall not be responsible for reviewing, nor shall its approval of any Improvement be deemed approval from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. 5. Failure to Submit. Failure to submit such additions or changes, for approval as set out above is a violation of the Declaration and may result in a fine or legal action. A copy of all approved Design Review Request forms shall be sent to and maintained by the Property Management company, and made available for Owner review. 6. Right of Waiver. The DRC reserves the right to waive or vary any of the procedures or standards set forth in these Guidelines at its discretion for good cause shown. 7. Non-Liability of the DRC. The DRC and the members thereof, as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or for any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Neither the Board nor the DRC shall bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations and other governmental requirements. 8. Enforcement. These Guidelines shall be enforced by the DRC or the Association as provided in the Declaration. 9. Owner Construction Period Rules. In the interest of all Owners, the following regulations shall be enforced during the construction period of any Improvements on a Lot. These regulations shall be a part of the construction documents and contract for each Lot and Improvement, and all contractors and Owners shall abide by these regulations. a. Construction Hours. Construction work on any structure or building site shall not commence before 7:00 a.m. or continue after 7:00 p.m. every day. b. Excavation. Excess excavation material may be required to be removed from the property. Excavation, except utility trenching, shall be on the Owner's site only. If excavation must extend onto property other than that owned by the Owner, the Owner must get the written permission of the other Owner and must restore that property to its original condition. c. Debris and Trash Removal. Daily cleanup of construction sites of Owners is mandatory. All trash and debris shall be stored in a fenced or other appropriate trash disposal area and shall be removed from the trash disposal area on a periodic basis. All street(s) and open space shall be kept free of debris or soil from construction on an Owner's Lot. Table of Contents |