Laserfiche WebLink
7.1.F. - Page 113 <br /> I. 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 <br /> to have been furnished or delivered to the Owner. Any Owner who permits a mechanics' lien to <br /> be so filed shall cause the lien to be discharged within five (5) days after notice to the Owner <br /> from the Board or other Owner. If the Owner fails to remove such mechanics' lien, the Board may <br /> discharge the lien and levy a Special Assessment against the violating Owner's Condominium to <br /> recover the cost of discharge. <br /> J. No Waiver of Future Approvals: The Architectural Control Committee's <br /> approval of any proposals, plans and specifications or drawings for any work done or proposed in <br /> connection with any matter requiring the Architectural Control Committee's approval does not waive <br /> the right to withhold approval of any similar proposals, plans and specifications, drawings or <br /> matters subsequently or additionally submitted for approval. <br /> K. Variances: The Architectural Control Committee may authorize variances <br /> from compliance with any of the architectural provisions of this Declaration or the Design <br /> Guidelines, including restrictions on height, size, floor area or placement of structure, or similar <br /> restrictions, when circumstances such as hardship, aesthetic or environmental consideration require. <br /> Such variances must be evidenced in writing, must be signed by a majority of the Architectural <br /> Control Committee, and become effective on adoption of a resolution by the Board. After <br /> Declarant's right to appoint a majority of the Architectural Control Committee's members expires, <br /> the Board must approve any variance recommended by the Architectural Control Committee before <br /> any such variance becomes effective. If variances are granted, no violation of the covenants, <br /> conditions and restrictions in this Declaration shall be deemed to have occurred with respect to the <br /> matter for which the variances were granted. The granting of a variance does not waive any of <br /> the provisions of this Declaration for any purpose except as to the particular property and particular <br /> provisions of this Declaration covered by the variance, nor does it affect the Owner's obligation to <br /> comply with all laws affecting the use of his Condominium. <br /> 7.11. Review of Commercial Unit Improvements: A Commercial Owner of a Commercial <br /> Unit may improve or alter any improvements within the interior boundaries of its Commercial Unit, <br /> provided such improvement or alteration does not: (a) alter or impair the structural elements, the <br /> fire protection elements, or the acoustical integrity of any Common Area or Demising Walls, (b) <br /> alter or impair the utilities or other systems servicing the Common Area or other Condominiums, or <br /> (c) involve altering any Common Area (including bearing walls) and any Common Area Utility <br /> Facilities. A Commercial Owner shall have the right to paint the interior of its Commercial Unit any <br /> color desired and the right to install any finishes and fixtures, furnishes and equipment with the <br /> Commercial Unit as the Commercial Owner deems appropriate. <br /> A. If any improvements or alterations of a Commercial Unit will entail (i) any <br /> modifications of or alterations to or impairment of the structural elements, the fire protection <br /> elements, or the acoustical integrity of any Common Area or Demising Walls, (ii) alteration or <br /> impairment of the utilities or other systems servicing the Common Area or other Condominiums, or <br /> (iii) involves altering any Common Area (including bearing walls) or any Common Area Utility <br /> Facilities, then, prior to undertaking any such modifications of or alterations, the Commercial Owner <br /> shall submit plans for such modifications of or alterations to the Board for review. The Board shall <br /> approve such plans unless the Board determines that the modifications or alterations shown on <br /> said plans will materially and adversely affect the structural elements, the fire protection elements, <br /> or the acoustical integrity of the Project or the utilities or other systems servicing the Common Area <br /> or other Condominiums, or the Common Area (including bearing walls) or any Common Area Utility <br /> Facilities of the Project. <br /> B. A Commercial Unit Owner may alter or modify the portion of the Common <br /> Area façade directly exterior of its Commercial Unit subject to that Commercial Unit Owner <br /> obtaining the prior review and approval of the Board of its plans for such façade modifications, <br /> which approval shall not be unreasonably withheld or delayed. The Board shall approve such plans <br /> unless the Board determines that the proposed modifications or alterations shown on said plans <br /> will be materially inconsistent with the overall design integrity of the Project, or that the structural <br /> elements, the fire protection elements, will materially and adversely affect the structural integrity of <br /> the Project, the utilities or other systems servicing the Common Area or other Condominiums, or <br /> the Common Area (including bearing walls) or any Common Area Utility Facilities of the Project. <br /> 50 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />