SU0004847 - Laserfiche WebLink

Home Browse Search

r Record a Notice of Noncompliance and commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the Noncompliance. 3.1.11. Scope of Review. The AC shall approve, conditionally approve or disapprove, the Plans and Specifications submitted for its approval only if it deems that the installation, construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the Covered Property as a whole and that the appearance of any Improvement affected thereby will be in harmony with the surrounding Improvements. Approval shall be based upon quality of workmanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. The AC's approval or disapproval of any Plans and Specifications shall be based solely on the considerations set forth in this Article 3, shall be approval only as to the conformity of such Plans and Specifications to the master plan or general architectural plan for properties developed on neighboring lands owned or developed by Declarant ("Neighboring Lands"), and shall not be deemed approval of architectural or engineering design nor a representation or warranty as to the adequacy or sufficiency of such Plans and Specifications or the construction contemplated thereby. The AC shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. By approving any Plans and Specifications, the AC assumes no liability or responsibility therefor or for any defect in any structure constructed form such Plans and Specifications. No permission or approval shall be required to repaint or rebuild in accordance with Plans and Specifications or a color scheme previously approved by the AC. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his Residence, or to paint the interior of his Residence any color desired. 3.1.12. Views. The AC may consider the impact of views from other Residence Units or Lots and reasonable privacy right claims as factors in reviewing, approving or disapproving any proposed construction or other Improvement. However, Declarant does not warrant any protected views within the Covered Property and no Residence or Lot is guaranteed the existence or unobstructed continuation of any particular view. 3.1.13. Variance. The AC may authorize variances from compliance with any of the architectural provisions of this Declaration, including without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require. Such variances must be evidenced in writing, must be signed by a majority of the AC Committee members, and shall become effective upon Recordation. 3.1.14. Solar Energ_ Systems. Without limiting the generality of the foregoing, the provisions of this Article 3 shall apply to the construction, installation, alteration and modification of solar energy systems, as defined in Section 801.5 of the California Civil Code ("Solar Energy Systems"), subject to the provisions of California 6