Agenda - Council - 08/10/2021 - Laserfiche WebLink

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the violation has been given to the owner on whose lot or parcel the Improvement or alteration is made by the Architectural Review Board or another owner, within six months following the date of completion of the Improvement or alterations. Notice may be direct written notice or the commencement of a legal action by the Architectural Review Board or an owner. The owner of the lot or parcel on which the Improvement or alteration is made shall have the burden of proof, by clear and convincing evidence, that the Improvement or alterations were completed and reasonably visible for at least six months following completion. 3.4 Remedies for Violations. The Architectural Review Board may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover, from the owner causing or permitting the violation, all attorneys fees and costs of enforcement, whether or not a legal action is started. Such attorneys fees and costs shall be a lien against the owner's lot and a personal obligation of the owner. In addition, the Architectural Review Board shall have the right to enter the owner's lot and to restore any part of the lot to its prior condition if any improvements or alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the owner and a lien against the owner's lot. 3.5 Development Guidelines. The Architectural Review Board may from time to time adopt guidelines for approval and disapproval of proposed improvements or alterations and the maintenance of them; and, in the event such guidelines are adopted, shall make them available to all owners. SECTION 4 RIGHTS TO ADD ADDITIONAL PROPERTY 4.1 Declarant's Rights to Add Additional Property. Declarant hereby expressly reserves the right to add additional property to the property, by unilateral action, subject to the following conditions: a. The right of the Declarant to add the additional property to the property shai 1 terminate ten years after the date of the recording of this Declaration or upon earlier express written withdrawal of such right by Declarant. There are no other limitations on Declarant's rights hereunder, except as may be imposed by law. b. There are no assurances as to the times at which all or any part of the additional property will be added to the property, the order in which it will be added, the number of parcels per phase, nor the size of the parcels. Declarant is under no obligation to add the additional property to the property and the additional property may be developed by Declarant or its successors in interest for other purposes, subject only to approval by the appropriate governmental authorities. c. All covenants, conditions and restrictions contained in this Declaration affecting the use and occupancy of lots shall apply to all lots and parcels created on the additional property which is added to the property. Page 7 of 9 1