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SEF, 13. 2006 11 :40AM Mail EDIINA REALTY TIT'_E CLAIMS N0, 2964 P. 39/59 to an Owner or if mailed to the Owner's address by first class mail postmarked no later than ten (10) days after the Committee's receipt of all of the documents and information specified in Section 2 of this Article III. If the Committee fails to approve,disapprove or request further information from an Owner within ten(10)days after the Committee has received all of such documents and information, approval shall be deemed given, and this article shall be deemed to have been complied with. Section 5, Enforcement.If the construction of Improvements is commenced without the Committee's approval of the contractor and approval of the plans and specifications, or if construction of Improvements is completed not in accordance with the approved plans and specifications,the Committee, or the Owner of any Lot,may bring an action to enjoin further construction and to compel the Owner to conform the Improvements to plans and specifications approved by the Committee,provided that such action shall be commenced and a notice of lis pendens shall be filed no later than one hundred eighty(180)days after the date on which the Certificate of Occupancy for the Improvements in question is issued by the appropriate municipal authority. If the nonapproved and/or nonconforming Improvements are made upon a Lot for which a Certificate of Occupancy has been previously issued,the action shall be commenced and a notice of lis pendens shall be filed within 180 days after the plaintiff in the action discovers or learns of the Improvement. Section 6.Retention of Records. The Committee shall retain all plans and specifications submitted to it, and a record of all actions taken with regard to them,for a period of three(3) years;after which such documents may be discarded or destroyed by the Committee. Section 7. 0wner`s Remedy. In the event that the Committee shall fail to discharge its obligations under Article III of this Declaration,then any Owner of a Lot may bring ara action to compel the discharge of said obligations. Such an action shall be the exclusive remedy of any Owner for failure of the Committee to discharge such obligations and neither the Committee nor 7