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02-18-2025 Planning Commission Packet (2)
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02-18-2025 Planning Commission Packet (2)
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2/20/2025 10:05:33 AM
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x Minutes and Agendas
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Agenda
Meeting Date
2/18/2025
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Planning Commission
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17 <br />8.1.3.5. substantial preservation of other Owners’ sight lines, if material, and <br /> <br />8.1.3.6. compliance with governmental laws, codes and regulations. <br /> <br />The Board, or the appointed architectural committee if so authorized by the Board, has the right <br />to establish such additional criteria, architectural or otherwise, as it deems appropriate, and <br />shall be the sole judge of whether such criteria are satisfied. <br /> <br />8.1.4. Approval of improvements which immaterially encroach upon another Unit or the <br />Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit <br />with respect to which the improvements are approved, notwithstanding any contrary requirement in the <br />Governing Documents or the Act. A file of the Board resolutions approving or denying all applications <br />for improvements shall be maintained permanently as a part of the Association’s records. <br /> <br />8.1.5. Interior improvements to a Unit or its Limited Common Elements may be made <br />without approval by the Board, provided that such improvements are not for residential living purposes, <br />do not impair the structural or weather-tight integrity of the Common Elements, interfere with utilities <br />or Building operating systems or violate applicable governmental laws, codes or regulations. The Board <br />shall have the authority to approve and implement such reasonable Rules and Regulations as it deems <br />necessary from time to time for the purpose of restricting interior improvements to a Unit or its Limited <br />Common Elements which may impair the structural or weather-tight integrity of the Common Elements, <br />interfere with utilities or Building operating systems or violate applicable governmental laws, codes or <br />regulations. To the extent interior improvements to a Unit or its Limited Common Elements involve <br />electrical work, such electrical work must be performed by a licensed electrician. <br /> <br />8.2. Review Procedures. The following procedures shall govern requests for improvements under <br />this Section: <br /> <br />8.2.1. Detailed plans, specifications and related information regarding any proposed <br />improvement, in form and content acceptable to the Board, shall be submitted to the Board and to <br />Declarant (if applicable) at least sixty days prior to the projected commencement of construction. No <br />improvements shall be commenced prior to approval. <br /> <br />8.2.2. The Board and Declarant (if applicable) shall give the Owner written notice of <br />approval or disapproval. If the Board and Declarant (if applicable) fail to give notice of approval or <br />disapproval within sixty days after receipt of (i) said plans and specifications and (ii) all other <br />information requested by the Board and Declarant (if applicable), then approval shall be deemed to be <br />granted; provided, that the improvements are done in accordance with the plans, specifications and <br />related information which were submitted. <br /> <br />8.2.3. If no request for approval is submitted, approval shall be deemed to be denied. <br /> <br />8.3. Remedies for Violations. The Association may undertake any measures, legal, equitable or <br />administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing <br />or permitting the violation all attorneys’ and other professional fees and costs of enforcement incurred by the <br />Association, regardless of the type of action taken (if any). Such attorneys’ fees and costs shall be a lien against <br />the Owner’s Unit and a personal obligation of the Owner. In addition, the Association shall have the right to <br />enter the Owner’s Unit and to restore any part of a Building or Unit to its prior condition if any improvements <br />were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the <br />Owner and a lien against the Owner’s Unit. <br /> <br />8.4. Owner Responsibility/Indemnity. The Owner who causes an improvement to be made, <br />regardless of whether the improvement is approved by the Board, shall be responsible for the construction work <br />65
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