Recission of Enabling Declaration Establishing A Plan For Condominum Ownership 2-27-1981

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No landscaping of patios or yards visible from the street or from the common area shall he undertaken by any owner until plans and specifications showing the nature. kind, shape, and location of the materials shall have been submitted to and approved in writing by the Board or by an architectural control committee appointed by the Board. The Board shall not approve any of the above improvements or structures (referred to in the previous para- graphs of Section 7.9) if such improvement or structure would U be in conflict with the provisions of Planned Development Permit No. PD 80-9 or the Architectural Permit. 0 It shall be the joint and several responsibility of the Committee and the Association to make application to the City for approval should either or both seek to make substantive changes to the project. If either or both has any question as to whether a proposed change is substantive, it shall he required to make an application to the City for such determination. s The responsibility for failure to make such application shall " remain entirely with the Committee or the Association, as the is is case may he. .> o The architectural control committee shall x consist of three (3) members. Declarant may appoint all of the original members of the committee and all replacements until 1-' the first anniversary of the issuance of the original final u ; public report for the first phase of the project. The Declarant 11 ; reserves to itself the power to appoint a majority of. the Cl members to the committee until ninety percent (9U%) of all the units in the project including subsequent phases have been sold 'wit or until the fifth anniversary of the issuance of the final public report for the first phase of the project, whichever I occurs first. After one ( 1 ) year from the date of issuance of the original Public Report for the first phase of the project, I the Board shall have the power to appoint one ( 1 ) member to the i architectural control committee until ninety percent (90%) of all the units in the overall project have been sold or until i the fifth anniversary date of the issuance of the final public ; report for the first phase of the project , whichever first occurs. Thereafter, the Board shall have the power to appoint all of the members of the architectural control committee. ' 1 Members appointed to the architectural control committee by the Board shall he from the membership of the Association. Members i appointed to the architectural control committee by the Declarant { need not be members of the Association. A majority of the architectural control committee may designate a representative i to act for it. I,; the event of death or resignation of any Imember of the committee, the successor shall be appointed by the person, entity or group which appointed such member until Declarant no longer has the right to appoint any members to the committee, and thereafter the remaining members of the committee shall have full authority to designate such a successor. Neither the members of the committee nor its designated represen- tatives shall he entitled to any compensation for services performed pursuant hereto. At any time after the Declarant 's right to appoint a majority of the members of the committee is terminated, the then record owners of a majority of the units shall have the power, through a duly recorded written instrument, to change the membership of the committee cr to change any of its powers and duties. In the event the committee -24- 1 i