Sky Island
Covenants, Codes, and Restrictions
Article VIII |
ARTICLE VIII
Architectural Control Committee
Section 8.1. Appointment and Membership
There is hereby constituted an Architectural Control Committee (the "ACC")
consisting of not less than three (3) nor more than seven (7) persons. Until transfer of
control as set forth below, the Developer shall have the right to select the members of
the ACC. A majority of the ACC may designate a representative to act for it, which
representative shall be know as the Control Architect. Upon the title transfer of the last
house on the last Lot to an Owner other than a Builder Owner (or earlier upon written
notice from the Developer), the right to appoint members of the ACC shall pass to the
Board of Directors of the Association.
Section 8.2. Guidelines
The ACC shall have the authority to adopt and amend written guidelines to be applied in
its review of plans and specifications, in order to further the intent and purpose of this
Declaration and any other covenants or restrictions covering the Property. If such
guidelines are adopted, they shall be available to all Members upon request.
Section 8.3. Duties
The ACC shall have the authority to review and act upon proposals and plans submitted and
to perform other duties set forth in this Declaration.
Section 8.4. Meetings; Compensation
The ACC shall meet as necessary to properly perform its duties, and shall keep and
maintain a record of all actions taken at the meetings or otherwise. Unless authorized by
the Association, neither the members of the ACC nor the Control Architect shall receive
any compensation for their services. All members and the Control Architect shall be
entitled to reimbursement for reasonable expenses incurred in connection with the
performance of any ACC duties.
Section 8.5. Nonwaiver
Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the
right to withhold approval of any similar plan, drawing, specification, or matter
submitted for approval.
Section 8.6. Liability
Neither the ACC nor any of its Members shall be liable to the Association or to any Owner
for any damage, loss or prejudice resulting from any action taken in good faith on a
matter submitted to the ACC for approval or for failure to approve any matter submitted to
the ACC. The ACC or its members may consult with the Association or any Owner with respect
to any plans, drawings, or specifications, or any other proposal submitted to the ACC.
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