|
10.8. Limitation of Liability. The Architectural Review Committee and the Board, as applicable,
<br />shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it.
<br />Neither the Architectural Review Committee nor the Board, nor any individual Architectural Review
<br />Committee member or Board member, as applicable, shall be liable to an) person or entity foi any official
<br />act of the Architectural Review Committee or the Board in connection with submitted plans and
<br />specifications, except to the extent the Architectural Review Committee, the Board, as applicable, or any
<br />individual Architectural Review Committee membei or Board member, as applicable, acted with bad faith.
<br />Approval by the Architectural Review Committee oz Board, as applicable, does not necessarily ensure
<br />approval by any governmental agency. Notwithstanding that the Architectural Review Committee or
<br />Board, as applicable, has approved plans and specifications, neither the Architectural Review Committee
<br />or Board nor any of their members shall be responsible or liable to any Owner, contractor, or other person
<br />or entity with respect to any loss, liability, claim, or expense that may arise by reason of such approval.
<br />Neither the Architectural Review Committee of Board, as applicable, or any agent thereof, nor Declarant
<br />or any of their members, managers, employees, agents, affiliates or consultants, shall be responsible in any
<br />way for any defects in any plans or specifications submitted, revised, or approved in accordance with the
<br />provisions of this Master Declaration, nor for any structural or other defects In any work done according to
<br />such plans and specifications. None shall have any responsibility whatsoever for ensuring structural
<br />integrity or soundness of construction or modifications, completeness, nor for compliance with building
<br />codes or other governmental requirements. The Master Association shall indemnify, hold haitnless, and
<br />defend the Architectural Re\ iew Committee and the Board, as applicable, and their members in any suit or
<br />proceeding that may arise by reason of any of the Architectural Review Committee's or Board's acts or
<br />omissions related to this Section 10 committed in good faith. The Master Association shall use all
<br />reasonable efforts to procure errors and omissions insurance coverage with respect to members of the
<br />Architectural Review Committee and the Board.
<br />10.9. Nonwaiver Consent by the Architectural Review Committee to any matter proposed to it
<br />or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to
<br />withhold approval as to any similar matter thereafter proposed or submitted to it for consent.
<br />10.10. Effective Period of Consent. The Architectural Review Committee's consent to any
<br />proposed Improvement shall automatically be revoked unless construction of the work has been
<br />commenced within two (2) )ears after issuance and is thereafter diligently pursued to completion or the
<br />Owner has applied for and received an extension of time from the Architectural Review Committee.
<br />10.11. Estoppel Certificate. Within forty-five (45) days after written request therefor is delivered
<br />to the Architectural Review Committee by any Owner, and upon payment to the Ai chitectural Review
<br />Committee of a. reasonable fee, if any, fixed by the Architectural Review Committee to cover its costs, the
<br />Architectural Review Committee shall provide such Owner with an estoppel certificate executed by a
<br />member of the Architectural Review Committee and acknowledged, certifying with respect to any Lot
<br />owned b) the Owner, that as of the date thereof, either (i) all Impro\ ements made om done upon or within
<br />such Lot by the Owner comply with this Master Declaration, or (10 such Improvements do not so comply.
<br />If the estoppel certificates states that the Improvements do lot comply, such certificate shall also identify
<br />the noncomplying Improvements and set forth with particularity the nature of such noncompliance. Any
<br />purchaser from the Owner, and any mortgagee shall be entitled to rely conclusively on such certificate with
<br />respect to the matters set forth therein If the Architectural Review Committee fails to respond to the request
<br />for such a certificate within the required forty-five (45) day period and the requesting Ow ier paid the
<br />required fee, if any, prior to expiration of the forty-five (45) day period, the certificate shall be deemed
<br />given, verifying that the improvements on such Owner's Lot comply with this Master Declaration.
<br />22
<br />4864 8276-8240, v. 14
<br />
|