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6. 1. F. - Page 58 as the Architectural Control Committee or Board has granted, then the approval shall be deemed cancelled, and the Owner must reapply to the Architectural Control Committee or Board before undertaking any such work. (h) The Board or the Architectural Control Committee shall inspect work within sixty (60) days after a notice of completion has been delivered to the Board or the Architectural Control Committee by the Owner. If the Board or Architectural Control Committee determines an Owner has not constructed an improvement in compliance of the approval granted in all material respects, and if the Owner fails to remedy such non - compliance in accordance with provisions of the notice of non- compliance, then after expiration of 30 days from the date of such notification, if the Architectural Control Committee has undertaken the architectural review functions under this Section 7.26, the Architectural Control Committee shall notify the Board, and the Board shall provide notice and a hearing to consider the Owner's continuing non - compliance. If the Board has undertaken the architectural review functions under this Article, the Board shall act after expiration of thirty (30) days from the date of such notification. At the hearing, if the Board finds that there is no valid reason for the continuing non- compliance, the Board shall then require the Owner to remedy the non - compliance as necessary and appropriate in the determination of the Board as to result in the improvement being rendered as reasonably in compliance as is appropriate for the overall good and benefit of the Development, or to remove the same within a period of not more than 45 days from the date of the Board's determination. If the Owner does not comply with the Board's ruling within such period or within any extension of such period as the Board, in its discretion may grant, the Board may (i) remove the non - complying improvement, (ii) remedy the non - compliance, or (iii) institute legal proceedings to enforce compliance or completion. (i) The Architectural Control Committee or the Board may condition its approval upon the Owner recording a "Notice of Non - Responsibility" or similar document protecting the Association or other Owners from any mechanics lien that may be recorded because of such alteration or improvement. (j) Nothing contained in this Section shall be construed as requiring Declarant to obtain approval for the renovation or completion of the Development. In addition, Declarant, or its successor or assign shall not be subject to the approval requirements of this Section 7.26 in connection with any repairs or modifications made to any improvements as may be required by law or pursuant to an agreement with any Unit Owner or the Association. (k) Notwithstanding any provision herein to the contrary, in no event shall any Owner or occupant puncture or cause any holes or opening in any patio or balcony surface or wall without the express written consent of the Board or Architectural Control Committee. Any such hole or opening in a patio or balcony surface or wall shall be specifically designed to prevent any leakage, seepage or intrusion of water or moisture of any kind into the building. (1) In reviewing plans, the Architectural Control Committee shall comply with the requirements of Civil Code Section 1378, and with all federal, State and local laws regulating the rights of handicapped persons. If there is any conflict between the provisions of this Section 7.26 and Civil Code Section 1378, Civil Code Section 1378 shall control to the extent of the conflict. (m) Notwithstanding anything in this Declaration to the contrary, any uses or activities requiring a conditional use permit, variance, or other discretionary permit or approval shall require a permit or approval pursuant to relevant City codes, policies, and applicable Law. 48 CCRS -One Marina. doex