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7.1.F. - Page 112 <br /> laws and regulations, including, but not limited to, payment of any fees and obtaining all permits <br /> required. Approval by the Architectural Control Committee or Board does not satisfy the <br /> appropriate approvals that may be required by any governmental entity with appropriate jurisdiction. <br /> H. Completion of Work; Review of Work: Upon approval of the Architectural <br /> Control Committee or Board, the Owner shall diligently proceed with the commencement and <br /> completion of all work so approved by the Architectural Control Committee in compliance with the <br /> approvals granted. The work must be commenced within six months from the date of approval <br /> unless the Architectural Control Committee or Board permits the work to be commenced at a later <br /> time. If the work is not commenced within six months after the approval date, or such later time <br /> as the Architectural Control Committee or Board has granted approval, then the approval shall be <br /> deemed cancelled, and the Owner must reapply to the Architectural Control Committee or Board <br /> before undertaking any such work. <br /> The Architectural Control Committee shall inspect work within sixty days after a written <br /> notice of completion has been delivered to the Architectural Control Committee by the Owner. The <br /> Architectural Control Committee may also inspect the work at any time prior to completion as it <br /> deems appropriate to determine that the Architectural Control Committee or Board approval is <br /> being followed. The Architectural Control Committee is to inspect the work performed, and <br /> determine whether it was performed and completed in compliance with the approval granted in all <br /> material respects. If at any time during the construction of any work, the Architectural Control <br /> Committee finds that the work was not performed or completed in compliance with the approval <br /> granted in all material respects, or if the Architectural Control Committee finds that the appropriate <br /> approval which was required for any work was not obtained, the Architectural Control Committee <br /> shall notify the Owner in writing of the non-compliance. The notice shall specify in writing the <br /> particulars of non-compliance, and shall set forth the requirement of the Owner to remedy the non- <br /> compliance. The Architectural Control Committee shall determine in its reasonable judgment <br /> whether an alteration, modification or improvement complies with the approval as granted in <br /> material respects. Minor changes, deviations or imperfections that do not negatively affect or <br /> impact the Project shall not be considered as non-compliance. The Board shall act under this <br /> Section 7.10 only if the Board has undertaken the architectural control functions under this Section <br /> 7.10; otherwise the Architectural Control Committee shall act. <br /> If the Architectural Control Committee has determined an Owner has not constructed <br /> an improvement in compliance with the approval granted in all material respects, and if the Owner <br /> fails to remedy such non-compliance in accordance with provisions of the notice of non- <br /> compliance, then after expiration of thirty (30) days from the date of such notification, if the <br /> Architectural Control Committee has undertaken the architectural control functions under this Article, <br /> the Architectural Control Committee shall notify the Board, and the Board shall provide Notice and <br /> Hearing to consider the Owner's continuing non-compliance. If the Board has undertaken the <br /> architectural control functions under this section, the Board shall act after expiration of thirty (30) <br /> days from the date of such notification. At the Hearing, if the Board finds that there is no valid <br /> reason for the continuing non-compliance, the Board shall then require the Owner to remedy the <br /> non-compliance as necessary and appropriate in the determination of the Board as to result in the <br /> improvement being rendered as reasonably in compliance as is appropriate for the overall good <br /> and benefit of the Project, or remove the same within a period of not more than forty-five (45) <br /> days from the date of the Board's determination. If the Owner does not comply with the Board's <br /> ruling within such period, or within any extension of such period as the Board, in its discretion may <br /> grant, the Board may (1) remove the non-complying improvement, (2) remedy the non- <br /> 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 <br /> Declarant, an Owner who has submitted an application to the Architectural Control Committee may <br /> appeal a decision to deny or conditionally approve the Owner's application to the Board by written <br /> appeal to the Board. The Board shall notify the appealing Owner in writing of the date set for a <br /> hearing regarding the Owner's appeal within ten (10) days after receipt of the Owner's appeal. <br /> The hearing shall be held within thirty (30) days after receipt of the Owner's appeal by the Board. <br /> The Board shall make its determination on the appeal in writing delivered to the appealing Owner <br /> within ten (10) days after the hearing. The determination of the Board shall be final. <br /> 49 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />