A. All plans and specifications for any structure, or improvement whatsoever to be erected on any Lot, and the proposed location and orientation in relation to streets, Lot, or Lots, the construction material, the roofs and exterior color schemes, shall require prior written approval of Developer. Further, any later additions after initial approval thereof, and any exterior remodeling, reconstruction, or alterations thereto on any Lot shall also be subject to, and shall require the prior written approval of Developer.
B. There shall be submitted to Developer two (2) complete sets of the final plans and specifications f or any and all proposed improvements, the erection or alteration of which is desired. No structures or improvements of any kind shall be erected, altered, placed or maintained upon any Lot unless and until the final plans, elevations, and specifications thereof have received written approval as herein provided. Such plans shall include plot plans showing the location on the Lot of the building, wall, fence or other structure or improvement to be constructed, altered, placed or maintained thereon, together with a description of the proposed construction material, color schemes, roof design and material, and landscape design. Developer shall reserve the right to require a filing fee of no more than fifty and 00/100 dollars ($50.00) to accompany the submission of such plans.
C. Developer shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. One (1) set of said plans and specifications and details with the approval or disapproval endorsed thereon shall be returned to the person submitting them, and the other copy thereof shall be retained by Developer for its permanent files.
D. Developer shall have the right to disapprove any plans, specifications or details submitted to it in the event the same are (1) not in accordance with any of the provisions of these Restrictions; (2) if the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such Lot or with the adjacent buildings or structures; (3) if the plans and specifications submitted are incomplete; (4) if plans and specifications do not conform to building standards established for the subject area; (5) or in the event Developer deems the plans, specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of all or any part of the real property subject hereto, or the owners thereof. The decisions of the Developer shall be final and not subject to appeal or review.
E. Neither the Developer nor any agent thereof shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications.
F. Developer or its agents shall have the right to inspect all construction to insure that the structure is in accordance with the approved plans, specifications and details. If the finished building or other structure does not comply with the submitted plans and specifications, Developer retains the right to make the necessary changes at owner’s expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. Any lien obtained will be subordinate to any first deed of trust on the property. No structure or improvement shall be made unless it substantially conforms with the approved plans, specifications and details.
G. Developer, at its option, may appoint an Architectural control committee to oversee property control functions as outlined herein, and the committee will have the same power and authority as the Declarant. Such Committee, if formed, will be known as the Hunters Ridge Property Control committee (“Committee”), and shall consist of three individuals to be appointed, to be replaced, to possess the qualifications, and to possess the powers as specified herein. Each member shall serve until he/she dies, resigns or is replaced as herein provided. Each member of the committee shall be an owner of an interest in a Lot, an officer of a corporate owner of a Lot, a partner in a partnership owner of a Lot, or a member in a limited liability company owner of a Lot. A member of the committee may resign by written notice to the remaining members of the committee. A member may be removed by the remaining members of the Committee, if the member being removed has become unqualified because of failure to meet the criteria stated above. A member of the Committee may be removed with or without cause by a writing signed by a majority of the owners of the Lots which writing specifies the Lots owned by the voters and names a replacement for the member so removed. Such writing shall be delivered to each of the members of the Committee and shall be effective from the time of such delivery. The remaining members of the Committee shall replace any member who has resigned, sold his Lot or has died. So long as the Developer owns any of the Lots, it may remove any member of the committee and replace the member so removed. A written record shall be kept of all actions of the Committee. The members of the Committee shall serve without compensation or reimbursement. Any member of the Committee may call a meeting upon two days notice to the other members of the committee. Such notice shall state the time, place and purpose of such meeting. At least two (2) members of the Committee must be present at a meeting in order for any action of the Committee to be taken at that meeting. A written decision signed by two members of the Committee shall be the decision of the Committee.
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