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7.1.F. - Page 111 <br /> Neither the members of the Architectural Control Committee nor its designated representatives shall <br /> be entitled to any compensation for services performed pursuant to this Declaration. <br /> F. Approvals: In the event the Architectural Control Committee fails to approve <br /> or disapprove plans and specifications in writing within thirty (30) days after the same have been <br /> submitted to it, approval will not be required and the related covenants shall be deemed to have <br /> been fully complied with. Approval of plans by the Architectural Control Committee shall in no way <br /> make the Architectural Control Committee or its members or the Board or its members responsible <br /> for or liable for the improvements built after approval of the plans, and the Owner whose plans are <br /> approved shall defend, indemnify and hold the Architectural Control Committee, the Board, the <br /> Association, and its members harmless from any and all liability arising out of such approval. <br /> (1) The Architectural Control Committee shall adopt Design Guidelines <br /> consistent with the provisions of this Declaration. <br /> (2) The Architectural Control Committee shall meet as necessary to <br /> perform its duties. The Architectural Control Committee may, by resolution unanimously adopted in <br /> writing, designate an the Architectural Control Committee representative (who may be a licensed <br /> architect or other professional consultant retained by the Architectural Control Committee) to review <br /> Applications and recommend action to be taken by the Architectural Control Committee or to take <br /> any other action or perform any other duties for and on behalf of the Architectural Control <br /> Committee except the granting of variances. In the absence of such designation, the vote or <br /> written consent of a majority of the Architectural Control Committee constitutes an act of the <br /> Architectural Control Committee. <br /> (3)All approvals issued by the Architectural Control Committee must be in <br /> writing. Verbal approvals issued by the Architectural Control Committee, any individual Committee <br /> member or any other representative of the Association are not valid, are not binding on the <br /> Association and may not be relied on by any Person and/or Owner. <br /> (4) In reviewing and approving or disapproving a proposed alteration, <br /> modification or improvements to a Unit, the Architectural Committee shall satisfy the following <br /> requirements in accordance with Civil Code § 4765: <br /> (a) The Architectural Committee in the Design Guidelines shall <br /> provide a fair, reasonable, and expeditious procedure for making its decision. The procedure shall <br /> provide for prompt deadlines. The procedure shall state the maximum time for response to an <br /> application or a request for reconsideration by the Board of Directors. <br /> (b) A decision on a proposed change shall be made in good <br /> faith and may not be unreasonable, arbitrary, or capricious. <br /> (c) A decision on a proposed change shall be consistent with <br /> any governing provision of law, including, but not limited to, the Fair Employment and Housing Act <br /> (Part 2.8, commencing with Section 12900) of Division 3 of Title 2 of the Government Code. <br /> (d) A decision on a proposed change shall be in writing. If a <br /> proposed change is disapproved, the written decision shall include both an explanation of why the <br /> proposed change is disapproved and a description of the procedure for reconsideration of the <br /> decision by the Board of Directors. <br /> (e) If a proposed change is disapproved by the Architectural <br /> Control Committee, the applicant is entitled to reconsideration by the Board of Directors at an open <br /> meeting of the Board. This paragraph does not require reconsideration of a decision that is made <br /> by the Board or a body that has the same membership as the Board, at a meeting that satisfies <br /> the requirements of Civil Code §§4900-4950. Reconsideration by the Board does not constitute <br /> dispute resolution within the meaning of Civil Code § 5905. <br /> G. Governmental Approvals: All alterations, modifications, or other <br /> improvements on or within the Project shall comply with all design requirements, approvals and <br /> procedures of the City. Before commencement of any alteration or improvements approved by the <br /> Architectural Control Committee or Board, the Owner shall comply with all appropriate governmental <br /> 48 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />