Chenango HOA

ARTICLE VII.

ARCHITECTURAL CONTROL COMMITTEE

7.1 Purpose.  It shall be the principal purpose of the architectural control Committee to foster the private nature of the Lots, the opening of View corridors, the preservation of the existing natural landscape, and the health and the safety of the Members. The Committee shall undertake to ensure that any structures on a Lot shall blend in with the existing residences on

                                            Book 7024 Page 229

the Property and shall be harmonious with the surrounding trees and natural features of the Property. To that end, the Committee may limit the height of any structures, which limitations may be site specific, and may further regular development on any Lot by specifying one of more building locations for a Dwelling Unit to be constructed thereon. It shall also be the duty of the Committee to enforce the covenants, restrictions, reservations, shares, servitudes, conditions and easements of this Declaration, the Bylaws and Association Rules. 

7.2 Construction of Improvements.  No improvements, alterations, demolitions, repairs, excavation, grading, filling, damning, redirection of natural surface drainage channels, landscaping, removal of living trees having a diameter of more than two (2”) inches or other work which in any way alters the exterior appearance of any Lot, or the improvements located thereon, shall be made or done without the prior approval of the Architectural Control Committee. No Building, fence wall, residence, or other structure, or any exterior lighting, shall be commenced, erected, improved, altered, or made without the prior written approval of the Architectural Control Committee. All subsequent additions to or changes to any Lot or exterior improvements located thereon shall be subject to the prior written approval of the Architectural Control Committee. No changes or deviations from the plans once approved by the Architectural Control Committee shall be made without the prior written approval of said Committee.

7.3 Establishment.   There is hereby established an Architectural Control Committee, which Committee shall be consist of five )5) voting Members and one (1) Member who shall be a Member of the Board and that Member shall have voting rights only when his or her vote is necessary to establish a quorum. Such Committee shall review and consider for approval all plans for modifications to or creation of improvements upon the Lots, including landscaping changes, and shall determine whether the covenants, Association Rules and other Building and Design Regulations have been complied with as to any particular Lot. The Committee may adopt procedural rules and regulations for the performance of such duties as them deem appropriate. Members of the Architectural Control Committee need not be architects or other professionals, however, they must be Owners of a Lot in the Property or the resident spouse of an Owner. The Members need not possess any special qualifications of any type except as may be established from time to time by the procedural rules set by the Architectural Control Committee. 

The Architectural Control Committee shall hold meetings as necessary and a quorum for a meeting shall consist of a majority of the Members of the Committee, and the concurrence of a majority of said Members shall be necessary for any decision of the Architectural Control Committee. The primary obligation of the Architectural Control Committee shall be to enforce the Building and Design Regulations of Chenango and to review and approve any

                                    Book 7024 Page 230

plans for construction of improvements to any portion of the Property for compliance with said regulations and with the covenants of this Declaration. It shall also, however be the duty of the Committee to to enforce the Covenants, restrictions, reservations, shares, servitudes, conditions and easements of this Declaration, the Bylaws and Association Rules. In its enforcement of the terms of this Declaration, the Committee shall have such enforcement powers as are stated in Article V. hereof. 

7.4 Election of Architectural Control Committee Members.       Five (5) of the Architectural Control Committee Members shall be elected by the Association members at the Annual Meeting. The sixth Member of the Committee, who shall be a Member of the Board, shall be appointed by the Board. Upon the removal or the death, incapacity or resignation of any one of the Members of the Architectural Control Committee, the remaining Committee Members shall forthwith appoint a successor who shall serve for the balance of the departing member’s term. Each Member of the Architectural Control Committee shall have a term of two (2) years, unless earlier removed. The Members’ terms shall be staggered. 

7.5 Fees.    The Architectural Control Committee may impose additional fees to cover its reasonable costs for review of plans submitted pursuant to Article VIII, Section 8.2 hereof and for processing appeals and reviewing revised plans. 

7.6 Submission of Plans. Any Owner desiring to do or cause to be done any work requiring prior written approval of the Architectural Control Committee, as set forth in Article VII, Section 7.2 above, shall submit to the Architectural Control Committee one complete set of plans therefor. Such plans shall include plot plans showing the location of the work, specifications showing the exterior design, height, building materials, and color schemes of such improvement,, the location and size of driveways, fencing, walls, and windbreaks, the grading plan, detail concerning proposed landscape improvements (including a Lot’s initial landscaping improvements), landscaping changed and the specific recommendations of professionals as provided in Article VIII, Section 8.2 hereof. The Architectural Control Committee may require that any such Owner submit additional or supplemental plans or information before being required to commence review of any plans submitted by such Owner.     

7.7 Approvals.  The Architectural Control Committee shall approve or disapprove completed plans within thirty (30) days after the receipt of all plans required pursuant to Section 7.6 above, said thirty (30) day period shall begin on the day following the first regularly scheduled Architectural Control Committee meeting at which such plans are considered. If no approval is provided by the Architectural Control Committee within that period, the plans shall be deemed approved. The plans with the approval or disapproval endorsed thereon shall be retained by the Architectural

                                        BOOK 7024 PAGE 231

Control Committee for its permanent files. The Architectural Control Committee shall have the right to disapprove any plans submitted to it in the event (i) the same are not in accordance with all of the provisions of the covenants and the design regulations herein contained, (ii) the same are incomplete, or (iii) the Committee deems the intended improvements, or any part thereof, are not in harmony with the general character and the aesthetics of the community, or are contrary to the interests, welfare or rights of all or any part of the Property or the Owner of any Lot. It is understood that the Architectural Control Committee shall be liable in any manner for any action taken or failure thereof pursuant to this subsection. 

7.8 Preliminary Plans.  The Architectural Control Committee shall, on request consider and discuss preliminary or sketch designs with Owners, their architects or other agents in order to facilitate the approval process to themutual benefit of all parties. However, the approval of preliminary or sketch designs by the Committee shall in no way alter or diminish the requirements or approval of the complete and final plans as described herein, nor shall it bind the Committee in its decision based on such complete and final plans. 

7.9 Covenant Enforcement Fund.  The Association’s annual budget shall include each year an amount, not less that $3,000.000, to be set aside into a Covenant Enforcement Fund. Such fund shall be utilized for the purpose of paying the costs, including reasonable attorneys; fees, incurred by the Architectural Control Committee in the enforcement of these covenants, or the rules and regulations promulgated hereunder. Any sums, remaining in the Covenant Enforcement Fund at the end of the fiscal year shall remain in said fund for use during any subsequent year. 

7.10 Limitation of Liability.  Neither the Association, not any Member of the Board, the Architectural Control Committee, or any Member thereof, shall be responsible in any way for defects in any plans submitted, revised, or approved in accordance with the foregoing provisions. nor for any structural or other defects in any work done according to such plans. Approval of the Committee shall not constitute a warranty or guarantee of the safetyor adequacy of the work to be done or the conformance thereof with building codes or other governmental laws or regulations.