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10-10-2005 Council Packet
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10-10-2005 Council Packet
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I <br />14.00 INSURANCE <br />14.01 Association's Policies. The Association shall maintain casualty insurance coverage <br />and general liability coverage on the Common Elements and Common Improvements. The <br />Association may also carry any other insurance it reasonably considers appropriate. All such <br />insurance premiums shall be a common expense. The Association may enter into binding <br />agreements with one or more holders, insurers or guarantors of mortgages obligating the Association <br />to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor <br />of any changes to coverage. The Association shall adjust losses under any such policies and shall use <br />casualty insurance proceeds to rebuild Common Improvements to original standards or to a <br />f\mctional equivalent, unless otherwise directed by vote of a majority of the Units. <br />14.02 Owners' Individual Policies. Each owner should carry insurance for its own benefit <br />insuring its property, provided that all such policies shall contain waivers of subrogation and further <br />provided that the liability of the carriers issuing insurance obtained by the Association shall not be <br />affected or diminished by reason of any such additional insurance carried by any owner, that is, <br />owner's policies shall be "without contribution" against Association policies. <br />15.00 ARCHITECTURAL RESTRIC HONS <br />15.01 Review of Building Plans. No improvement shall be erected, placed, or altered on <br />any Unit until the building or other improvement plans, specifications (including front elevation <br />and/or architects rendering) and a plot plan showing the locations of such improvements on the <br />particular Unit have been submitted to and approved in writing by the Architectural Control <br />Committee as to conformity and harmony of external design with existing structures in the <br />development, and as to location of the improvements on the Unit, giving due regard to the <br />anticipated use thereof as same may affect adjoining structures, uses and operations, and as to <br />location of the improvements with respect to topography, grade, and finished ground elevation. The <br />Architectural Control Committee and Declarant shall not be liable to anyone in damages so <br />submitting plans for approval, or to any owner by reason of mistake in judgment, negligence, or <br />nonfeasance of itself, its agents, or employee, arising out of or in such plans. Likewise, anyone so <br />submitting plans to the Architectural Control Committee for approval, by submitting of such plans, <br />and any party becoming an owner, agrees that it will not bring any action or suit to recover for any <br />such damages against the Architectural Control Committee or Declarant. In the event the <br />Architectural Control Committee fails to approve or disapprove such plans and specifications in <br />writing within thirty days after they have been submitted to *he Architectural Control Committee, the <br />plans and specifications will be deemed accepted by the Architectural Control Committee. If an <br />improvement is begun in violation of the terms and conditions hereof, or without written approval as <br />required, and no suit to enjoin the erection, establishment, or alteration of such improvement has <br />been commenced prior to the completion thereof, this covenant shall be deemed to be fulfilled and in <br />compliance. The Board, on request, will issue a certificate as to the state of compliance or <br />noncompliance of a particular Unit, and any such certificate will be binding as to third parties. Any <br />deviation from said plans and specifications as approved which in the judgment of the said <br />ii
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