Laserfiche WebLink
6.1. B. - Page 84 <br />there is no valid reason for the continuing non - compliance, the Board shall then require the Owner <br />to remedy the non - compliance as necessary and appropriate in the determination of the Board as to <br />result in the improvement being rendered as reasonably in compliance as is appropriate for the <br />overall good and benefit of the Project, or remove the same within a period of not more than forty - <br />five (45) days from the date of the Board's determination. If the Owner does not comply with the <br />Board's ruling within such period, or within any extension of such period as the Board, in its <br />discretion may grant, the Board may (1) remove the non - complying improvement, (2) remedy the <br />non - compliance, (3) institute legal proceedings to enforce compliance or completion, and to recover <br />costs of enforcement, including attorneys' fees, and to recover costs of enforcement, including <br />attorneys' fees. <br />After ninety percent (90 %) of the Units in the Project have been sold by the Declarant, <br />an Owner who has submitted an application to the Committee may appeal a decision to deny or <br />conditionally approve the Owner's application to the Board by written appeal to the Board. The <br />Board shall notify the appealing Owner in writing of the date set for a hearing regarding the Owner's <br />appeal within ten (10) days after receipt of the Owner's appeal. The hearing shall be held within <br />thirty (30) days after receipt of the Owner's appeal by the Board. The Board shall make its <br />determination on the appeal in writing delivered to the appealing Ownerwithin ten (10) days after the <br />hearing. The determination of the Board shall be final. <br />K. Mechanics' Liens: No Owner may cause or permit any mechanics' lien to <br />be filed against the Common Area or another Owner's Condominium for labor or materials alleged to <br />have been furnished or delivered to the Owner. Any Owner who permits a mechanics' lien to be so <br />filed shall cause the lien to be discharged within five (5) days after notice to the Owner from the <br />Board or other Owner. If the Owner fails to remove such mechanics' lien, the Board may discharge <br />the lien and levy a Special Assessment against the violating Owner's Condominium to recover the <br />cost of discharge. <br />L. No Waiver of Future Approvals: The Committee's approval of any <br />proposals, plans and specifications or drawings for any work done or proposed in connection with <br />any matter requiring the Committee's approval does not waive the right to withhold approval of any <br />similar proposals, plans and specifications, drawings or matters subsequently or additionally <br />submitted for approval. <br />M. Variances: The Committee may authorize variances from compliance with <br />any of the architectural provisions of this Declaration or the Design Guidelines, including restrictions <br />on height, size, floor area or placement of structure, or similar restrictions, when circumstances such <br />as hardship, aesthetic or environmental consideration require. Such variances must be evidenced <br />in writing, must be signed by a majority of the Committee, and become effective on adoption of a <br />resolution by the Board. After Declarant's right to appoint a majority of the Committee's members <br />expires, the Board must approve any variance recommended by the Committee before any such <br />variance becomes effective. If variances are granted, no violation of the covenants, conditions and <br />restrictions in this Declaration shall be deemed to have occurred with respect to the matterforwhich <br />the variances were granted. The granting of a variance does not waive any of the provisions of this <br />Declaration for any purpose except as to the particular property and particular provisions of this <br />Declaration covered by the variance, nor does it affect the Owner's obligation to comply with all laws <br />affecting the use of his Condominium. <br />7.10. Structural Integrity: Nothing may be done in any Condominium or in, on or to the <br />Common Area that may impair the structural integrity (including the water seal) of any Building, or <br />that may alter the plumbing, electricity or natural gas facilities serving any other Condominium, <br />40 <br />03/06/12 <br />TAWPWIN601PR07ECTS1333 MAIN STREETIDEC - DRAFTING FORM[7][03 06 12].doc <br />