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7.1.F. - Page 110
<br /> 7.10. Alteration of Improvements; Architectural Control—Residential Units: The Declarant
<br /> and the Association shall establish an Architectural Control Committee for review of modifications to
<br /> the Residential Units pursuant to the provisions of this Section 7.10 that shall operate pursuant to
<br /> the following provisions:
<br /> A. Improvements: Only the Association may construct or install improvements
<br /> within the Common Areas of the Project, except for installation of Improvements within Exclusive
<br /> Use Common Areas of or appurtenant to Commercial Units, including the installation, maintenance,
<br /> operation, repair and replacement by the Commercial Unit Owner of equipment and other
<br /> apparatus and devices that are located in the Common Area that provides HVAC and utility
<br /> services to the Commercial Unit.
<br /> (1) There shall be no construction or installation of improvements within a
<br /> Residential Unit or within Exclusive Use Common Area appurtenant to a Residential Unit, or
<br /> alteration or modification of existing improvements within a Residential Unit or within Exclusive Use
<br /> Common Area appurtenant to a Residential Unit by an Owner, his agents, Occupants, contractors
<br /> or other representatives, including, but not limited to, a walls, pool, spas, obstructions, outside or
<br /> exterior wiring, screens, patio covers, awnings, trellises, improvements or structures of any other
<br /> kind within a Residential Unit or within Exclusive Use Common Area, except as provided for in this
<br /> Section 7.10, until the same has been approved in writing by the Board, or by an Architectural
<br /> Control Committee appointed by the Board.
<br /> (2) Notwithstanding the foregoing, an Owner may improve or alter any
<br /> improvements within the interior boundaries of the Owner's Unit, provided such improvement or
<br /> alteration does not (a) alter or impair the structural elements, the fire protection elements, or the
<br /> acoustical integrity of any Common Area or Demising Walls, (b) alter or impair the utilities or other
<br /> systems servicing the Common Area or other Condominiums or the Unit, or (3) does not involve
<br /> altering any Common Area (including bearing walls) and Utility Facilities.
<br /> B. Plans: Plans and specifications showing the nature, kind, shape, color,
<br /> size, materials and location of any proposed improvements or alterations that require review
<br /> hereunder ("Plans") shall be submitted to the Board or to the Architectural Control Committee for
<br /> approval as to quality of workmanship and design and harmony of external design with existing
<br /> structures, and as to location in relation to surrounding structures, topography, and finish grade
<br /> elevation, and conformity to the Design Guidelines.
<br /> C. Re-Painting: Nothing contained in this paragraph shall be construed to limit
<br /> the right of an Owner to paint the interior of his or her Unit any color desired.
<br /> D. Floor Coverings: In order to maintain noise transference levels between
<br /> Residential Units, and to comply with applicable building standards, floors and floor covering
<br /> materials within Residential Units that are replaced shall be replaced only with materials of equal or
<br /> better quality and noise transmission specifications pursuant to Section 7.24 (Floor Coverings) and
<br /> Section 7.25 (Sound Transmission Restrictions).
<br /> E. Architectural Control Committee: The Architectural Control Committee shall
<br /> consist of three (3) Members. Declarant may appoint all of the original members of the
<br /> Architectural Control Committee and all replacements until the first anniversary of the issuance of
<br /> the original Final Public Report. The Declarant reserves to itself the power to appoint a majority of
<br /> the members to the Architectural Control Committee until ninety percent (90%) of all the
<br /> Condominiums in the Project, if any, have been sold or until the fifth anniversary of the issuance of
<br /> the Final Public Report, whichever occurs first. After one (1) year from the date of issuance of the
<br /> original Public Report, the Board shall have the power to appoint one (1) member to the
<br /> Architectural Control Committee until ninety percent (90%) of all the Condominiums in the overall
<br /> Project have been sold or until the fifth anniversary of the issuance of the Final Public Report,
<br /> whichever first occurs. Thereafter, the Board shall have the power to appoint two (2) members of
<br /> the Architectural Control Committee. Members appointed to the Architectural Control Committee
<br /> need not be Members of the Association. A majority of the Architectural Control Committee may
<br /> designate a representative to act for it. In the event of death or resignation of any member of the
<br /> Architectural Control Committee, the successor shall be appointed by the person, entity or group
<br /> which appointed such member until Declarant no longer has the right to appoint any member to
<br /> the Architectural Control Committee, and thereafter the Board shall appoint such a successor.
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