AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 88 Association. If the Committee fails to approve or disapprove any plans or specifications within 60 days of receipt of either the plans and specifications or any advance fees required by the Committee,whichever shall occur later,the plans and specifications shall be deemed approved unless a written extension is executed by the Person submitting the plans and by the Committee. The burden shall be on the applicant to establish that the Committee did receive the plans and specifications and/or advance fees and to establish the date of receipt. The Committee shall be entitled to determine that the proposed work is unacceptable even if the same or similar work previously had been approved for another Condominium as long as the Committee finds that reasonable factors exist to distinguish this application from the approved work. The Committee shall be entitled to make subjective judgments and to consider the aesthetics of a proposal when the proposed work will result in Improvements and/or landscaping that can be seen from any other Condominium,Common Area or public right-of-way as long as the Committee acts in good faith and not unreasonably, arbitrarily or capriciously. The Committee may impose terms and conditions on any approval, including: (i)contractor licensing and insurance requirements(including workers compensation and liability insurance; (ii)completion and labor and material bonds or other acceptable collateral;and (iii)construction regulations such as authorized hours of construction, access restrictions, noise restrictions and clean-up requirements. Any member of the Committee or any authorized agent of the Committee from time to time and anytime during normal business hours may enter any Condominium for the purpose of inspecting any construction to confirm compliance with the plans and specifications as approved by the Committee. In reviewing and approving plans, the Committee shall comply with the requirements of Civil Code section 4765, the applicable requirements of Civil Code section 714, the restrictions contained in Article 3 and with all federal,State and local laws regulating the rights of handicapped persons. If there is any conflict between this Article 7 and Civil Code section 4765, Civil Code section 4765 shall control to the extent of the conflict. 7.3 Architectural Committee's Decision. The decision on any proposed work shall be in writing. If a proposed change is disapproved by the Committee,the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the Board. If disapproved, the applicant is entitled to reconsideration by the Board at an open meeting of the Board unless the disapproval decision was made by the Board instead of the Committee or unless the Architectural Committee has the same members as the Board. Reconsideration by the Board does not constitute a dispute resolution procedure described in Section 5.6.7. 7.4 Completion of Work. On receipt of approval,the Owner shall commence the work as soon as reasonably practicable and shall diligently pursue the completion of the work. If the work is not commenced within 90 days after receipt of approval or completed within 180 days or such later date as the Committee shall approve in writing, the approval automatically shall be deemed revoked and no further work shall be done without again obtaining the written approval of the Committee as described herein. The work shall be done in strict compliance with the approved plans except for minor non-material changes as may be necessary during the course of construction. 7.5 Non-liability. The Association, the Committee, the Declarant, and the other Condominium Owners,and their respective successors or assigns,shall not be liable to any Person submitting plans to the Committee for approval or to any other Condominium Owners or Occupants by reason of any act or omission arising out of or in connection with the approval or disapproval of any plans or specifications. Approval shall not constitute any warranty or representation by the Committee or its members that the plans satisfy any applicable governmental law,ordinance or regulation or that any Improvement constructed in accordance with the plans shall be fit for the use for which it was intended and safe for use and occupancy. Applicants shall make their own independent verifications of the foregoing and shall not rely on the Committee or its members in any manner in this regard. CLSS\51643\927586.5 34 June 16,2014