Article VIII

ARCHITECTURAL STANDARDS

8.1. General. Initial construction of improvements on all Lots shall be contracted for, approved by, and completed under the direction of the Declarant. Following development and construction of East Lake Commons by the Declarant, modifications to the Units may be made in compliance with this Article, and approval of the Architectural Review Committee under Section 8.2. Any Owner may remodel, paint or redecorate the interior of his Unit without approval. However, any exterior modifications to Units or modifications to portions of the Limited Common Area which are visible from outside the structures on the Unit shall be subject to approval.

8.2. Architectural Review. Responsibility for review of all applications for modifications under this Article shall be handled by the Architectural Review Committee ("ARC"). The Board or the ARC may, from time to time, delegate any of its rights or responsibilities hereunder to one (1) or more qualified Persons, who shall have full authority to act on behalf of the committee for all matters delegated. The Board shall appoint the members of the ARC. The ARC may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the . reasonable costs incurred by the committees in having any , application reviewed by architects, engineers or other
professionals.

8.3. Procedures. An application describing in detail all proposed modifications shall be submitted in writing to the ARC for review and approval (or disapproval) . The ARC shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and may vary as committee members change over time. In the event that the ARC fails to approve or to disapprove in writing any application within 30 days after submission of all information and materials reasonably requested, the application shall be deemed approved.

8.4. No Waiver of Future Approvals. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval.

8.5. Limitation of Liability. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the ARC shall not bear any responsibility for ensuring the integrity or soundness of approved modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Association, the Board, the ARC, nor member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved modifications to any Unit. In all matters, the ARC and its members shall be defended and indemnified by the Association as provided in Section 4.5.

8.6.& Enforcement. Any work done in violation of this Article shall be deemed to be nonconforming. Upon written request from the Boar  Owners shall, at their own cost and expense, remove any nonconforming work and restore the property to substantially the same condition as existed prior to the nonconforming work. Should an owner fail to remove and restore as required, the Board or its designees shall have the right to remove the violation and restore the property to substantially the same condition as previously existed. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the benefited Unit and collected as a Specific Assessment.

Unless otherwise specified in writing by the ARC, all approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Unit, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved work, the Association shall be authorized, after notice to the Owner of the Unit and an opportunity to be heard in accordance with By-Laws Section 3.22, to enter upon the Unit and remove or complete any incomplete work and to assess all costs incurred against the Unit and the Owner thereof as a Specific Assessment.
Any contractor, subcontractor, agent, employee, or other invitee of an owner who fails to comply with the terms and provisions of this Article may be excluded by the Board from the Property, subject to the notice and hearing procedures contained in the By-Laws. In such event, neither the Association, its officers, nor directors shall be held liable to any Person for exercising the rights granted by this paragraph.

In addition to the foregoing, the Association shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the ARC.