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(i) be effective unless in v riting; (ii) be contrary to this Master Declaration; or (iii) estop the Architectural <br />Review Committee from denying a variance in other circumstances. For purposes of this Section 10.3, the <br />inability to obtain approval of any governmental agency, the inability to obtain issuance of any permit, or <br />the terns of any financing shall not be considered a hardship warranting a variance. <br />10.4. Committee Decisions. The Architectural Review Committee shall render its decision on <br />an application for approval of an Improvement or any other proposal submitted to it for approval or consent <br />within a reasonable period after the Architectural Review Committee has received a complete written <br />application therefor. A complete application shall specify the approval or consent requested and be <br />accompanied by all materialreasonably required of desired by the Architectural Review Committee to make <br />an informed decision on the application. If the Architectural Review Committee approves an application, <br />it may not thereafter revoke, rescind, or materially modify its approval without the consent of the affected <br />applicant. Within ten (10) business days after receipt of the ARC's written decision, an applicant ma} <br />submit a written appeal to the Board. The Board shall respond to a timely appeal v4 ithin thirty (30) days <br />after the Board's receipt of such appeal 1 equest, indicating its decision in writing whether to uphold, modify <br />or overturn the ARC's decision. The Board's decision shall be final. Modifications of approved <br />applications shalll require the Architectural Review Committee's review and consent. <br />10.5. Committee Discretion. The Architectural Review Committee may, at its sole discretion, <br />withhold consent to any proposed Improv ement if the Architectural Review Committee finds the proposed <br />Improvement would be inappropriate for the particular Lot or incompatible with the design standards that <br />the Architectural Review Committee intends for the Property. Consideration of siting, shape, size, color, <br />design, height, solar access, impauinent of the view from other Lots or Units, effect on the enjoyment of <br />other Lots Units, or the Common Area, environmental impact, variety of design, consistency of design, <br />and any other factors that the Architectural Review Committee reasonably believes to be relevant may be <br />taken into account by the Architectural Review Committee in determining whether to approve or condition <br />its approval of an} proposed Improvement. No approval of any Improvement shall serve as precedent <br />requiring approval or waiver of the Architectural Review Committee s right to withhold approval in any <br />other instance. <br />10.6. Membership, Appointment and Removal. The Architectural Review Committee shall <br />consist of as many persons, but not less than three (3), as the Board may from time to time appoint. The <br />Board may remove any member of the ARC from office at any time and may appoint new or additional <br />members at any time. The Master Association shall keep on file at its principal office a list of the names <br />and addresses of the members of the ARC. The Board may elect to approve the payment of reasonable <br />compensation to members of the ARC v, ho are not Owners or an Owner's representative for their services <br />on the ARC. Members of the ARC who are Owners or Owner's representatives shall not be paid for serving <br />on the ARC, but may be reimbursed for actual, reasonable out-of-pocket expenses incurred by such <br />Committee member in the performance of such Committee member's duties under this Section 10. <br />Notwithstanding the foregoing, Declarant reserves the right to appoint the members of the Architectural <br />Review Committee and all replacement members until all of the initial Improvements have been constructed <br />on the Lots and final occupancy certificates issued for all Lots. <br />10.7. Majority Action. The affirmative vote of a majority of the members of the Architectural <br />Review Committee shall govern its actions and constitute the act of the Board under this Section. A quorum <br />of the Architectural Review Committee shall consist of a majority of the Architectural Review Committee's <br />members. The Architectural Review Committee may render its decision only by written instrument setting <br />forth the action taken by the members consenting thereto. <br />21. <br />4864-8276-8240, v. 14 <br />