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• ' t • <br /> ' i <br /> I <br /> . - i <br /> - the appointed architectural committee if so authorized by the Board, shall be the sole • • <br /> judge of whether such criteria are satisfied, and its determination in this regard shall be <br /> binding upon the Owners, the Occupants, and any other Person hoiding or acquiring an <br /> interest in the Unit. The purpose of the criteria estabtished by the Board shall be (i) to ; <br /> preserve the architecturai sryte and uniformity, the quality and value of ttie Property,and � <br /> (ii) t� protect the Association and the Qwne:�s fr�m undue liability arising oui of th� - <br /> aiterations or any construction activity in connection therewith. - <br /> 8.3.5 Alterations may be made in compliance with Section S I SB.2-11.3 of the , <br /> Act, and relocation of the boundaries of the Units may be made in compliance with <br /> Section 51 SB.2-114 of the Act. <br /> 8.1.6 Approval of alterations that encroach minimally upon another Unit or the � <br /> Common Elements or which essentially continue an existing encroachment created in the � <br /> course of construction of the Building and Units, shall create an appurtenant easement for <br /> such encroachment in favor of the Unit with respect to which the alterations are <br /> approved, notwithstanding any contrary requirement in the Governing Documents or the <br /> Act. A fite of the resolutions approving all alterations shal{ be maintained perrnanently <br /> as a part of the Association's records. <br /> 8? Review Procedures. The following procedures shal] govern requests for <br /> a]terations under this Section 8: . <br /> $.2.1 Detailed plans, specifications, and related information regarding any � <br /> proposed alteration, in form and content acceptable to the Board,shal) be submitted to the <br /> Baard (or the committee)and to Declarant(as long as Declarant is the owner of a Unit) at <br /> least sixty da}+s prior to the projected commencement of construction. No alterations <br /> shall be commenced prior to approvaL <br /> 8.2.2 The Board(or the committee) and xo Declarant(as long as Declarant is the ; <br /> owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the <br /> � Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit) <br /> , fails to approve or disapprove within sixty days after receipt of said plans and <br /> specifications and all other infarmation requested by the Board(or the committee) and to <br /> Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to <br /> be granted; provided, that the alterations are done in accordance with the plans, <br /> specifications, and related information which were svbmitted. ' <br /> 8.2.3 If no request for approval is submitted; approvat shail be deemed to be <br /> denied. . <br /> 8.3 Remedies for Vioiations. The Association may undertake any measures, legal or <br /> administrative, to enforce compliance with this Section $ and shall be entitled to recover from <br /> the Owner causing or perrnitting the violation all attomeys' fees and costs of enforcement � <br /> incurred by the Association, whether or not a legal action is started. Such attorneys' fees and <br /> costs shali be a lien against each of the Owner's Units and be a pe:sonal obligation of the Owner. <br /> In addition, the Association shall have the right to enter the Owner's Unit and to restore any part <br /> M PLS-Word 952R l.l l 2 0 <br /> � I <br />