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Architectural Control as described in the Declaration of Covenants, Conditions and Restrictions of the CTA.
Except for the original construction and the repair or replacements thereof by Declarant, no improvement, whether a building, fence, wall, roof or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition to or change or alteration thereof (including, without limitation, any change in exterior color or change to any 6 driveway or other paved area) be made until the plans and specifications for the same, showing all construction details including the nature, kind, shape, height, materials, color, floor plans and location and approximate cost of the same, shall have been submitted to and approved in writing by the Declarant or its successors or assigns. For these purposes, as well as for the purpose of enforcing all other rights and restrictions herein contained, the Declarant may transfer said rights to a Homes Association to be formed for the Properties, the same to be composed of owners of all lots in said Properties. Upon such transfer, the transferee shall succeed to the rights of approval or rejections herein granted to Declarant. Such approval or denial thereof shall be based upon Declarant’s opinion as to the suitability and desirable nature of same. In the event the Declarant fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval will be deemed to have been granted.
Declarant shall have the right to deny approval of any plans or specifications so submitted which are not, in its sole opinion, suitable or desirable for aesthetic or any other reasons, and shall have the right to take into consideration the harmony and conformity of the structure with the surrounding structures and the suitability of the same with the surrounding area and topography and the effect of such structure or building as seen from adjacent or neighboring properties. Any subsequent replacements, alteration, repainting or improvements of any building, fence, wall or other structure, also shall be subject to such prior approval of the Declarant.
Notwithstanding the foregoing, no approval of any proposed fence on any lot shall be given by Declarant, which proposed fence is more than six (6) feet in height, or which is to be placed on any utility easement mentioned herein, or which does not include an unlocked gate for ingress and egress over all portions of a lot or which is intended for any area between the front of a residential unit and the adjacent street. Additionally, no such approval shall be given of any request to change the color or type of material of any exterior wall or roof of any Unit unless the request for approval be submitted by the owner(s) of, and for such a change to, both Units of a duplex building in the Properties.
Upon the approval by Declarant of any duly submitted plans and specifications, the owner submitting same shall secure all required permits and approvals by the applicable governmental agency authorized to issue same.
Construction or alterations in accordance with plans and specifications so approved shall be commenced within two (2) months following the date upon which the same are approved, and shall be substantially completed within six (6) months following the date of commencement or within such longer period as the Declarant shall specify in its approval. In the event construction is not commenced and completed respectively within said periods, then such approval of the plans and specifications shall be conclusively deemed to have lapsed and compliance with the provisions of this Article Three shall again be required. There shall be no deviation from plans and specifications so approved without the prior consent in writing of the Declarant. Approval for use on any lot of any particular plans and specifications or design shall not be construed as a waiver of the right of the Declarant to disapprove such plans and specifications or any elements or features thereof in the event such plans and specifications are subsequently submitted for use upon any other lot or lots. Notwithstanding the foregoing, exterior painting and the erection for change to a fence must be commenced within thirty (30) days of approval thereof and completed within sixty (60) days of such approval.
Upon the completion of the construction or alteration of any building, fence, wall or other improvements or structure in accordance with plans and specifications approved by the Declarant, the Declarant shall, at the request of the Owner thereof, issue a certificate of compliance which shall be prima facie evidence that the building, fence, wall or other improvements or structures referred to in said certificate have been approved by the Declarant and constructed or installed in full compliance with the provisions of Article Three of this Declaration. In the event any building, fence, wall or other improvements or structure or painting thereof shall be commenced, erected, placed, moved or maintained upon any lot, otherwise than in accordance with the provisions and requirements of this Article Three, then the same shall be considered to have been undertaken in violation of this Article Three and without the approval of the Declarant required herein. Upon written notice from the Declarant, such building, fence, wall or other structure or improvements shall be promptly removed or returned to its former status or such work completed in accordance with approved plans and specifications. In the event the same is not so removed and returned to its former status, or the violation is not otherwise corrected or terminated within fifteen (15) days after notice of such violation is delivered to the owner of the lot upon which such violation exists, then the Declarant shall have the right, through its agents and employees, to enter upon such lot and to take such steps as may be necessary to remove or otherwise terminate such violation and the cost thereof may be assessed against the lot upon which such violation occurred, and when so assessed, a statement for the amount thereof shall be rendered to the owner of said lot at which time the assessment shall be come due and payable and a continuing lien upon such lot, and a binding personal obligation of the owner of such lot. The Declarant shall have the further right, through its agent, or employees to enter upon and inspect any lot or unit at any reasonable time for the purpose of ascertaining whether any violation of any of the provisions of this Article, or any of the other provisions or requirements of this Declaration, exist on such lot or, in or on such unit; and neither the Declarant nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.
Except for the original construction and the repair or replacements thereof by Declarant, no improvement, whether a building, fence, wall, roof or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition to or change or alteration thereof (including, without limitation, any change in exterior color or change to any 6 driveway or other paved area) be made until the plans and specifications for the same, showing all construction details including the nature, kind, shape, height, materials, color, floor plans and location and approximate cost of the same, shall have been submitted to and approved in writing by the Declarant or its successors or assigns. For these purposes, as well as for the purpose of enforcing all other rights and restrictions herein contained, the Declarant may transfer said rights to a Homes Association to be formed for the Properties, the same to be composed of owners of all lots in said Properties. Upon such transfer, the transferee shall succeed to the rights of approval or rejections herein granted to Declarant. Such approval or denial thereof shall be based upon Declarant’s opinion as to the suitability and desirable nature of same. In the event the Declarant fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval will be deemed to have been granted.
Declarant shall have the right to deny approval of any plans or specifications so submitted which are not, in its sole opinion, suitable or desirable for aesthetic or any other reasons, and shall have the right to take into consideration the harmony and conformity of the structure with the surrounding structures and the suitability of the same with the surrounding area and topography and the effect of such structure or building as seen from adjacent or neighboring properties. Any subsequent replacements, alteration, repainting or improvements of any building, fence, wall or other structure, also shall be subject to such prior approval of the Declarant.
Notwithstanding the foregoing, no approval of any proposed fence on any lot shall be given by Declarant, which proposed fence is more than six (6) feet in height, or which is to be placed on any utility easement mentioned herein, or which does not include an unlocked gate for ingress and egress over all portions of a lot or which is intended for any area between the front of a residential unit and the adjacent street. Additionally, no such approval shall be given of any request to change the color or type of material of any exterior wall or roof of any Unit unless the request for approval be submitted by the owner(s) of, and for such a change to, both Units of a duplex building in the Properties.
Upon the approval by Declarant of any duly submitted plans and specifications, the owner submitting same shall secure all required permits and approvals by the applicable governmental agency authorized to issue same.
Construction or alterations in accordance with plans and specifications so approved shall be commenced within two (2) months following the date upon which the same are approved, and shall be substantially completed within six (6) months following the date of commencement or within such longer period as the Declarant shall specify in its approval. In the event construction is not commenced and completed respectively within said periods, then such approval of the plans and specifications shall be conclusively deemed to have lapsed and compliance with the provisions of this Article Three shall again be required. There shall be no deviation from plans and specifications so approved without the prior consent in writing of the Declarant. Approval for use on any lot of any particular plans and specifications or design shall not be construed as a waiver of the right of the Declarant to disapprove such plans and specifications or any elements or features thereof in the event such plans and specifications are subsequently submitted for use upon any other lot or lots. Notwithstanding the foregoing, exterior painting and the erection for change to a fence must be commenced within thirty (30) days of approval thereof and completed within sixty (60) days of such approval.
Upon the completion of the construction or alteration of any building, fence, wall or other improvements or structure in accordance with plans and specifications approved by the Declarant, the Declarant shall, at the request of the Owner thereof, issue a certificate of compliance which shall be prima facie evidence that the building, fence, wall or other improvements or structures referred to in said certificate have been approved by the Declarant and constructed or installed in full compliance with the provisions of Article Three of this Declaration. In the event any building, fence, wall or other improvements or structure or painting thereof shall be commenced, erected, placed, moved or maintained upon any lot, otherwise than in accordance with the provisions and requirements of this Article Three, then the same shall be considered to have been undertaken in violation of this Article Three and without the approval of the Declarant required herein. Upon written notice from the Declarant, such building, fence, wall or other structure or improvements shall be promptly removed or returned to its former status or such work completed in accordance with approved plans and specifications. In the event the same is not so removed and returned to its former status, or the violation is not otherwise corrected or terminated within fifteen (15) days after notice of such violation is delivered to the owner of the lot upon which such violation exists, then the Declarant shall have the right, through its agents and employees, to enter upon such lot and to take such steps as may be necessary to remove or otherwise terminate such violation and the cost thereof may be assessed against the lot upon which such violation occurred, and when so assessed, a statement for the amount thereof shall be rendered to the owner of said lot at which time the assessment shall be come due and payable and a continuing lien upon such lot, and a binding personal obligation of the owner of such lot. The Declarant shall have the further right, through its agent, or employees to enter upon and inspect any lot or unit at any reasonable time for the purpose of ascertaining whether any violation of any of the provisions of this Article, or any of the other provisions or requirements of this Declaration, exist on such lot or, in or on such unit; and neither the Declarant nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.