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53 <br />6557.03/12309 <br />(c) No landscaping or other physical improvements or additions shall be made to any <br />yards or patio areas that are visible from the street or Common Area by any Owner until plans and <br />specifications showing the nature, kind, shape and location of the materials shall have been submitted to <br />and approved in writing by the Board or the Architectural Control Committee. <br /> <br />(d) In the event the Board or the Architectural Control Committee fails to approve or <br />disapprove plans and specifications in writing within thirty (30) days after the same have been submitted <br />to it, approval will not be required and the related covenants shal1 be deemed to have been fully complied <br />with; provided, however, that such Owner shall not be relieved of liability related to designs, plans, or <br />work performed, that violates any applicable building or safety code, and shall remain liable for any <br />damage or compromise to the structural, acoustical or waterproofing systems of the Condominium <br />Building. <br /> <br />(e) Approval of plans or specifications by the Board or the Architectural Control <br />Committee shall in no way make the Architectural Control Committee or its members or the Board or its <br />members responsible for or liable for the improvements built after approval of the plans, and the Owner <br />whose plans are approved shall defend, indemnify and hold the Architectural Control Committee, the <br />Board, the Association, and its members, harmless from any and all liability arising out of such approval. <br /> <br />(f) Before commencement of any alteration or improvements to a Unit or Exclusive <br />Use Common Area, whether or not approval is required by the Architectural Control Committee, the <br />Owner shall comply with all appropriate governmental laws and regulations. Approval by the <br />Architectural Control Committee does not satisfy the appropriate approvals that may be required by any <br />governmental entity with appropriate jurisdiction. <br /> <br />(g) All work approved by the Board or the Architectural Control Committee shall be <br />completed in compliance with the approvals granted, and shall be commenced within six months from the <br />date of approval unless the Architectural Control Committee or Board permits the work to be commenced <br />at a later time. If the work is not commenced within six months after the approval date, or such later time <br />as the Architectural Control Committee or Board has granted, then the approval shall be deemed <br />cancelled, and the Owner must reapply to the Architectural Control Committee or Board before <br />undertaking any such work. <br /> <br />(h) The Board or the Architectural Control Committee shall inspect work within <br />sixty (60) days after a notice of completion has been delivered to the Board or the Architectural Control <br />Committee by the Owner. If the Board or Architectural Control Committee determines an Owner has not <br />constructed an improvement in compliance of the approval granted in all material respects, and if the <br />Owner fails to remedy such non-compliance in accordance with provisions of the notice of non- <br />compliance, then after expiration of 30 days from the date of such notification, if the Architectural <br />Control Committee has undertaken the architectural review functions under this Section 7.26, the <br />Architectural Control Committee shall notify the Board, and the Board shall provide notice and a hearing <br />to consider the Owner’s continuing non-compliance. If the Board has undertaken the architectural review <br />functions under this Article, the Board shall act after expiration of thirty (30) days from the date of such <br />notification. At the hearing, if the Board finds that there is no valid reason for the continuing non- <br />compliance, the Board shall then require the Owner to remedy the non-compliance as necessary and <br />appropriate in the determination of the Board as to result in the improvement being rendered as <br />reasonably in compliance as is appropriate for the overall good and benefit of the Development, or to <br />remove the same within a period of not more than 45 days from the date of the Board’s determination. If <br />the Owner does not comply with the Board’s ruling within such period or within any extension of such <br />period as the Board, in its discretion may grant, the Board may (i) remove the non-complying <br />7.1.K. - Page 57