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CC&R ARTICLE C: Architectural Control
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Section 1. The Committee. The directors of the Community Organization shall comprise the Committee herein referred to. As long as Declarant remains Owner of any Lot which has not been improved with a permanent residence, the Declarant shall have the right to appoint a representative on the Committee in addition to the directors of the Community Organization. If there is a representative of the Declarant on the Committee, no meeting of the Committee or decision of the Committee shall be valid unless the representative is present at the meeting or the representative has waived, in writing in advance, the right to be present at the meeting of the Committee. The Declarant's representative shall have the power and authority to veto any decision of the Committee and the right and power to disapprove any plans and specifications submitted to the Committee for approval. The determination of the Declarant's representative to veto or disapprove shall be binding on the Committee. The address of the Committee shall be the registered office of the Community Organization. The initial registered address of the Community Organization is in care of Declarant at 6510 Southcenter Boulevard, Suite 1, Tukwila, WA 98188, which address will change upon appointment and registration of a new registered agent.
Section 2. Submission of Plans. All plans and specifications or information required to be submitted to the Committee for approval shall (a) be submitted in writing by mail to the address of the Committee in duplicate, (b) contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and (c) set forth the following with respect to a proposed structure, improvement, or alteration to the extent required to determine whether the structure, improvement or alteration conforms to these Covenants: the location of the structure or improvement upon the Lot, the elevation of the structure or improvements with reference to the existing and finished lot grade, the general design of the structure or improvements, the interior layout of the structure, the exterior finish color and materials, including roof materials, of the structure or improvements, the landscape plan, a description of any proposed alteration or change to an improvement, and such other information as may be required by the Committee to determine whether such structure conforms with these Covenants.
Section 3. Standards. The Committee may refuse to approve a request for an accessory building on a Lot it in the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood as seen from the streets. The location of a permitted accessory building other than garages shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the house. The Committee shall not be bound by these guidelines for accessory buildings, but may exercise its discretion in that respect. The Committee shall also have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for an attractive Subdivision. Such authority shall include but not be limited to the height, configuration, design and appearance of the dwelling and fences, walls, outbuildings, pools and other structures and improvements appurtenant to the use of a dwelling. Such determinations may be amended and shall be binding on all persons.
Section 4. Approval or Disapproval. Within thirty (30) days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove the request it in its opinion, the plans and specifications do not conform to these restrictions or its aesthetic or other standards. Approval may be made subject to conditions. Approval or disapproval of a request shall be made upon one of the copies of the plans and specifications, which shall be returned to the address shown on the request. In the event that no disapprove or conditional approval of a request is given within thirty (30) days of submission in compliance herewith, the request shall be deemed approved.
Section 5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Subdivision. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved or for any defect in any work done according to such plans and specifications.
Section 6. Variations. The Committee shall have the authority to approve plans and specifications which do not strictly conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions.
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