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G.     In the event of a dispute between Owners with respect to the repair or rebuilding of a common wall or with respect to the sharing of cost thereof, when upon written request of one of such Owners delivered to the Association, the matter shall be heard and determined by the Board; the judgment of the Board in this matter shall he final and binding.

 

 

Section 3.04.  Easement for Encroachments.  Each Lot shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the Developer. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. In the event Dwelling Units are partially or totally destroyed, and then rebuilt, the Owners agree that minor encroachments of parts of the adjacent Dwelling Unit due to construction shall be permitted and that a valid easement for said encroachments and the maintenance thereof shall exist.

 

Section 3.05.   Easement for Wall Repair. There is hereby created on behalf of each Lot Owner, his agents and assigns forever a four foot (4’) easement of ingress and egress, inspection, maintenance and repair running parallel to any exterior wall of the Owner’s Dwelling Unit to which access may not be had without entry through and across the Property of the adjacent Lot Owner; provided however, that said easement shall be used during reasonable hours and for reasonable periods of time only.

 

Section 3.06. Architectural Control. Following the original construction and build out of the Property by Developer, or its assigns and successors in interest, no building, fence, wall, or other structure shall be commenced, erected or maintained upon a Lot, nor shall any exterior addition to, or change in, or alteration of a Dwelling Unit or the exterior color scheme, roof or finish thereof be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of eternal design and location in relation to surrounding structures and topography by the Board of Directors, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event the Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Section will be deemed to have been fully complied with.

 

 



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