Timberlin Parc Homeowners Association

VIII. ARCHITECTURAL CONTROL in Covenants

from Covenants & Restrictions

8.1. Purpose Except for the Initial Improvements, the Association, through the ARB, shall have the right to exercise architectural control over all improvements constructed, erected, or placed upon any part of the Property, to assist in making the Property a community of high standards and aesthetic beauty. Such architectural control may include all architectural aspects of any such improvement including, without limitation, size, height, site planning, setbacks, exterior design, materials, colors, open space, landscaping, waters aping, and aesthetic criteria. For so long as Developer owns any Lot (and irrespective of whether the Class B Membership has terminated or Turnover has occurred), Developer shall have the sole fight to appoint the members of the ARB. Thereafter, the members of the ARB shall be appointed by the Board of Directors as designated in the Bylaws. If the Board of Directors fails to so appoint the ARB, then the Board of Directors shall constitute the ARB. The Developer shall have the sole right to approve the Initial Improvements on the Property and the rights granted to the ARB hereunder shall be in effect for a Lot only after the Residence has been completed on such Lot.

8.2. Construction Subject to Architectural Control.

(a) ARB Approval. Except for the Initial Improvements, no construction, modification, alteration, or improvement of any nature whatsoever, except for interior alterations not affecting the external structure or appearance of any residence, shall be undertaken on any Lot unless and until a plan of such construction, modification, alteration, or improvement shall have been approved in writing by the ARB. Developer shall evaluate all plans and specifications for Initial Improvements submitted to it for conformance with the provisions of this Declaration.

No Initial Improvements shall be commenced, erected, placed or maintained on any Lot unless and until the same shall have been submitted to and approved in writing by the Developer.

(b) Improvements Subject to Approval. Construction, modifications and improvements subject to approval by the ARB or Developer, as applicable, specifically include, but are not limited to, painting or other alteration of the exterior appearance of a Residence (including doors, windows and roof); installation of antennae, satellite dishes or receivers, solar panels or other devices; construction of docks, fountains, swimming pools, screened enclosures, whirlpools, or other pools; any recreational structures, including basketball backboards, play structures or platform. doghouses; construction of privacy walls or other fences; addition of awnings, signs (whether 'located on the, Lot or in windows of the Residence), gates, flower boxes, shelves, statues, or other outdoor ornamentation patterned or brightly colored window coverings; alteration of the landscaping or topography of the Property, including, without limitation, any cutting or removal of trees, planting or removal of plants, and creation or alteration of lakes or similar features of the Property; and all other modifications, alterations, or improvements visible from any road or other Lots. All of the foregoing are jointly referred to herein as "Proposed Improvements".

8.3. Procedures

(a) Application. It shall be the responsibility of each Owner to supply two (2) sets of the documents described herein to the ARB or to the Developer in the event of Initial Improvements. The ARB or the Developer, as applicable, shall approve or disapprove the documents properly submitted to it in writing within thirty (30) days of such submission. Any requests shall be deemed disapproved if not acted upon by ARB or Developer, as applicable, within thirty (30) days of their proper submission. The documents, materials and items to be submitted for approval shall include two (2) sets of the following: (i) the construction plans and specifications, if any, including all proposed landscaping (ii) an elevation or rendering of all Proposed Improvements, if any; (iii) samples of materials or paint colors; and (iv) such other items as the ARB or Developer may deem appropriate.

(b) Basis for Decision. Approval shall be granted or denied by the ARB or Developer based upon compliance with the provisions of this Declaration and any guidelines established pursuant thereto, the quality of workmanship and materials, the harmony of external design with its surroundings, the effect of the construction on the appearance from surrounding Lots, and all other factors, guidelines and standards promulgated from time to including purely aesthetic considerations, which, in the sole opinion of the ARB or Developer, will affect the desirability or suitability of the construction.

In connection with its approval or disapproval of an application, the ARB or Developer shall evaluate each application for total effect. The evaluation relates to matters of judgment and taste , which cannot be reduced to a simple list of measurable criteria. It is possible, therefore, that an application may meet individual criteria and still not receive approval, if in the sole judgment of the ARB or Developer, its overall aesthetic impact is unacceptable. The approval of an application shall not be construed as creating any obligation on the part of the ARB or Developer to approve future applications involving similar designs for different Lots. In addition, the Developer and the ARB shall have the right to waive or modify the requirements as more fully set forth in paragraph 8.3(f).

(c) Uniform Procedures and Guidelines. The ARB and Developer may establish architectural guidelines and uniform procedures for the review of applications, including the assessment of review costs and fees, if any, to be paid by the applicant, and the requirement of a security deposit and the posting of a compliance bond to ensure the full and tirne1y compliance -by the applicant with the conditions imposed by the ARB or Developer. No submission for approval shall be considered by the ARB or Developer unless and until such submission, in compliance with the provisions of this Article, have been accepted by the ARB or Developer. Developer may establish separate guidelines for the submission of the plans and specifications for Initial Improvements. Any architectural guidelines established by the ARB or Developer may be amended as the ARB or Developer may determine.

(d) Notification. Approval or disapproval of applications to the ARB shall be given to the applicant in writing within thirty (30) days of receipt thereof, by the ARB in accordance with the procedures adopted by the AR.B. The ARB shall indicate its approval by stamping the plans with its seal and the date of approval. If the ARB disapproves the requested Proposed Improvement, it shall provide written notice of such disapproval to the Owner. Disapproval by the ARB may be appealed to the Board of Directors of the Association, and the determinations of the Board of Directors shall be dispositive. If the ARB does not act within the thirty (30) day period from the date the ARB receives all required information (unless an extension is agreed to), the Plans for the Proposed Improvements shall be deemed not to have been approved. The Developer shall give its notice of approval or disapproval within thirty (30) days from the date Developer received all the required information. If the Developer does not act within the thirty (30) day period from the date Developer receives all required information the plans shall be deemed not approved. No construction on any Lot or within the Property shall be commenced, and no Residence shall be modified, except in accordance with such approved Plans.

(e) Landscaping,. A detailed landscaping plan for each Lot must be submitted to and approved by Developer as part of the plans and documents for the Initial Improvements. The landscaping of the Lot shall be completed in accordance with the landscaping plan prior to the initial occupancy of the Residence. In the event the landscaping is not completed as provided -herein, the Association shall have the right to enter upon the Lot and complete the landscaping in accordance with the approved plans, in the same manner as exterior maintenance may be performed by the Association pursuant to Section 3.4 of this Declaration. The Association shall have the right to enter upon the Lot and complete the landscaping in accordance with the approved plans in the same manner as exterior maintenance may be performed by the Association pursuant to Section 3.4 of this Declaration. The Association shall be entitled to a Damage/Repair Assessment, which shall create a lien against the Lot in an amount equal to one hundred and twenty percent (120 %) of the cost to complete the landscaping, which shall be collected as provided in Section 7.4 hereof.

(f) Variances. The ARB or Developer, as applicable, may authorize a variance from compliance with any of the architectural provisions of this Declaration when circumstances such as topography, natural obstructions, hardships, or aesthetic or environmental consideration justify such variances in the opinion of the ARB or Developer. A variance shall be evidenced by the chairman of the ARB or the Developer, in the case of Initial Improvements. If such a variance, is granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not, however, operate to waive any of the terms and provisions this Declaration for any purpose except as to the particular Lot and the particular provisions of this Declaration covered by the variance, nor shall it affect in any way the Owners' obligation to comply with all governmental laws and regulations, including, but not limited to, zoning ordinances and set back lines or requirements imposed by any governmental or municipal authority. 'Provided however, in no event shall granting of a variance set a precedent which requires the granting of another such variance.

(g) Enforcement. The Board of Directors shall have the authority and standing on behalf of the Association to enforce, in courts of competent jurisdiction, the decisions of the ARB. The Developer shall have the authority and standing in court of competent jurisdiction to enforce its decisions hereunder.

8.4. Architectural Guidelines. The ARB or Developer shall consider the following provisions in connection with their review, together with any architectural guidelines issued by the ARB from time to time. Specific references to the ARB or Developer in these provisions shall not be construed as a limitation of the general review power of the ARB or Developer, as set forth in this Article.

(a) Building No building shall be erected, altered, placed or permitted to remain on any Lot or Reconfigured Lot, other than one detached single, family Residence which shall not exceed thirty five (35') feet in height and shall have a private and enclosed garage for not less than two (2) cars.

(b) Roofs. Flat roofs and protrusions through roofs for power ventilators or other apparatus shall not be permitted unless approved by Developer, in its sole discretion, as a part of the Initial. Improvements. Minimum pitch of roof will be 6:12. Roofing and shingle material shall be approved by Developer as to Initial Improvements as to color and material. Any reroofing or reshingling of the Residence other than with the same materials and same color shall be approved by the ARB.

© Garages. All Residences shall have a garage for at "least two cars. No carports will be permitted unless approved by Developer or the ARB, as applicable.

(d) Driveway Construction. All Residences shall have a paved driveway of stable and permanent construction of a width of at least sixteen feet (10"), at the entrance oil the garage. All driveways must be constructed with, approved

(e) Fences. The use of fences, walls and other forms of visual screens throughout the Property shall be subject to prior approval of the Developer as to Initial Improvements and the ARB thereafter.

(f) Ancillary Structures - Unless approved by Developer or the ARB, as applicable, as to use, location and architectural design, no garage, tool, guest quarters, or storage buildings can be constructed separate and apart from the Residence, nor can any such structures be constructed prior to construction of the Residence. Any such permitted ancillary structures, such as detached garages, guest quarters, or storage buildings shall be constructed of the same materials and in the same architectural style as the Residence, and shall be subject to the same setback lines, approvals of the ARB, and other restrictions applicable to the Residence itself.

(g) Minimum Residence Area. Each Residence constructed upon a sixty foot (60') Lot must contain at least one thousand four hundred and fifty square feet (1,450) of heated and air conditioned floor area; each Residence constructed on an eighty foot (80') lot must contain at least one thousand eight hundred square feet (1,800) of heated and air conditioned floor area.

(h) Lot Coverage, and Setback Restrictions. The permitted coverage of a Lot and setback restrictions shall be controlled by the provisions of the PUD as it may be amended from time to time. All setbacks shall be measured from the exterior wall of the Residence to the applicable boundary and shall not include stairs, decks, patios or air conditioning pads.

(i) Antennae and Other Devices. Unless prior written approval has been obtained from Developer or the ARB, as applicable, no exterior radio or television antenna, satellite dish or other receiving or transmitting device, antenna, aerial, solar panel or other solar collector, windmill, or any similar exterior structure or apparatus may be erected or maintained anywhere within the Property unless specifically approved by the ARB or Developer. In considering, whether to approve such devices, the ARB shall consider size of the device and whether it is visible from other Lots or any road.

(j) Artificial Vegetation. No artificial grass, plants, or other artificial vegetation shall be place or maintained upon the exterior portion of any Lot, unless approved by Developer or the ARB, as applicable.

(k) Lighting. No external lighting shall be installed without the prior approval of Developer of ARB, as applicable. No lighting will be permitted which alters the residential character of the Property.

(1) Utility Connections. Building or connections for all utilities, including, but not limited to, water, electricity, telephone and television, shall be run underground from the .connecting points to the Residence in a manner acceptable to the governing utility authority. No window air conditioning units shall be

(m) Window Coverings Reflective window coverings are expressly prohibited, and only neutral, solid colored window coverings shall be permitted on any Residence. The AP-B or Developer, as applicable, may prohibit window treatments, which are not reasonably compatible with the aesthetic standards of the Property.

(n) Mailboxes. No mailbox, paper box or other receptacle of any kind for any use, in the delivery of mail, newspapers, magazines, packages, or similar materials shall be erected on any Lot without the approval of the ARB or Developer, as applicable, as to style and location. The ARB or Developer may elect to require group mailboxes.

(o) Energy Conservation. Solar energy and other energy conservation devices including clotheslines are not prohibited or discouraged, but the design and appearance or such devices will be closely scrutinized and controlled by the ARB or Developer, as applicable, to assure consistency with the aesthetic standards of the Property and are appropriately screened.

(p) Interference with Roads or Easements. Without limiting or qualifying the other provisions of this Declaration, nothing shall be erected, constructed, planted, or otherwise placed in such a position so as to create a hazard or block the vision of motorists upon any public roads within or adjacent to the Property. No modification, alteration, or improvement shall interfere with the easements or other rights set forth in this Declaration.

8.5. Remedy for Violations. In the event any Proposed Improvement is constructed without first obtaining the approval of the ARB or Developer, as applicable, or is not constructed in strict compliance with any approval given or the provisions of this Article are otherwise violated, the Developer with respect to the Initial Improvements or the ARB, through the Association, shall have the specific right to obtain specific performance, an in unction or other equitable relief to require the Owner to comply with the Declaration or to stop, remove, and alter any improvements in order to comply with the requirements hereof, or the ARB or Developer may pursue any other remedies available to it. In connection with this enforcement section, the ARB or Developer shall have the right to enter into any Lot or Residence and make any inspection necessary to determine that the provisions of this Declaration have been complied with. The failure of the ARB or Developer to object to any Proposed Improvement prior to its completion shall not constitute a waiver of the ARB's or Developer's right to enforce this Article. The foregoing rights shall be -in addition to any other remedy set forth herein for violations of this Declaration.

8.6 . Reservation of Right to Release Restrictions. In each instance where a structure has been erected, or construction thereof has substantially advanced, in such a manner that some portion of the structure encroaches on any Lot line, setback line, or easement area, Developer reserves for itself, its successors, assignees and designees, the right to release such Lot from the encroachment, and to right an exception to permit the, encroachment without the consent or joinder of any person, irrespective of who owns the burdened Lot or easement areas, so long as Developer, in the exercise of its sole discretion, determines that the release or exception will not materially or ad
Property. This reserved right shall automatically pass to the Association when Developer no longer owns any portion of the Property. Upon granting of an exception to an Owner, the exception shall be binding upon all subsequent Owners of the affected Lots.

8.7. No Liabili1y. Notwithstanding anything contained herein to the contrary, the ARB and Developer shall merely have the right, but not the obligation, to exercise architectural control, and shall not be liable to any Owner, its successors, assigns, personal representatives, or heirs, due to the exercise or non-exercise of such control or the approval or disapproval of any Proposed Improvement. Furthermore, the approval of any plans and specifications or any Proposed Improvements shall not be, deeded to be a determination or warrant that such plans and specifications or Proposed Improvements are complete, do not contain defects, or in fact meet any standards, guidelines, or criteria of the ARB or Developer, or are in fact architecturally or aesthetically appropriate, or comply with any applicable governmental requirements, and neither the ARB, the Association, nor Developer shall be liable for any defect or deficiency in such plans and specifications or Proposed Improvements, or any injury to persons or property resulting there from.