EditARTICLE 6 ARCHITECTURAL CONTROL AND ARCHITECTURAL COMMITTEE
6.1 Committee Composition. As provided in Section 5.10 of the Declaration, the Board may appoint an Architectural Committee to perform the duties of the Board under Article 3 and any other provisions of the Declaration so delegated. If so appointed, the Architectural Committee shall consist of three (3) persons. None shall be required to be an architect or to meet any other particular qualifications. Such persons need not be, but may be, a member of the Board or an officer of the Association. The Board may increase the number of persons on the Architectural Committee, but the number of persons must always be an odd number. If the Board elects to appoint an Architectural Committee, the following provisions shall apply concerning appointment to and service on the Committee.
6.2 Terms of Office. The term of office for members of the Architectural Committee shall be for a period of one (1) year, or until the appointment of a successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term. Any members who have resigned, been removed, or whose terms have expired may be reappointed.
6.3 Appointment and Removal. Except as may be otherwise provided in the Declaration, the right to appoint and remove all members of the Architectural Committee at any time, shall be and is hereby vested solely in the Board; provided, however, that no member may be removed from the Architectural Committee by the Board except by the vote or written consent of more than fifty percent (50%) of the entire Board.
6.4 Resignations. Any member of the Architectural Committee may resign at any time upon written notice to the Board.
6.5 Vacancies. Vacancies on the Architectural Committee however caused, shall be filled by the Board. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of the death, resignation, or removal of any member thereof.
6.6 Duties. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms of the Declaration, to adopt Architectural Committee Rules, to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by the Declaration.
6.7 Meetings and Compensation. The Architectural Committee shall meet from time to time as necessary to perform its duties. The vote or written consent of a majority of the members of the Architectural Committee, at a meeting or otherwise, shall constitute the act of the Architectural Committee unless the unanimous decision of the Architectural Committee is required by any other provision of the Declaration. The Architectural Committee shall keep and maintain a written record of all actions taken by it at such meeting or otherwise. Members of the Architectural Committee shall not be entitled to compensation for their services. However, the Architectural Committee may, at the expense of the Association, employ one or more consultants to assist the Architectural Committee.
6.8 Architectural Committee Rules. The Architectural Committee may adopt, amend, and repeal, by unanimous vote or written consent, rules and regulations. These Architectural Committee Rules shall interpret and implement the Declaration by setting standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of buildings and other Improvements, landscaping, color schemes, exterior finishes and materials, and similar features which are required or permitted to be used within the Property.
6.9 Waiver. The approval by the Architectural Committee of the plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under the Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval.
6.10 Liability. So long as a member of the Architectural Committee has acted in good faith on the basis of information actually possessed, neither the Architectural Committee nor such member thereof, shall be liable to the Association, any Owner, or to any other party, for any damage, loss, or prejudice suffered or claimed on account of: (i) the approval or disapproval or any plans, drawings, or specifications, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (iii) the development of any portion of the Property; or (iv) the execution and filing of any estoppel certificate, whether or not the facts in the estoppel certificate are correct.
6.11 Time for Approval. In the event the Architectural Committee fails to approve or disapprove any application for approval within sixty (60) days after its receipt of the application, together with complete and legible copies of the supporting plans and specifications and issuance of an Architectural Submission Notice to the Lot Owner, the application shall be deemed approved, and further approval will not be required, and this Article 6 and Section 3.1 of the Declaration will be deemed to have been complied with. Disapproval notices of Modifications may be appealed to the Board in accordance with procedures set forth in the Bylaws and any Architectural Rules.