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10. Architecture, Landscape Control

10.1 Design Review Committee.

(a) Purpose. The Design Review Committee ensures that the standards set forth in the Design Guidelines and the Master Rules, the Master Condominium Declarations, the Administrators Rules, and all other applicable rules, regulations, standards, resolutions, or guidelines issued by the Master Condominium Assembly are met in all respects, that structures in Loreto Bay comply with established standards of sustainability, and that the architecture and construction in Loreto Bay create an integrated and aesthetically pleasing community.

(b) Membership. The Design Review Committee must consist of five Owners appointed by the Master Condominium Assembly, including three persons with appropriate experience in architecture or the construction industry, two laypersons, and two alternates. The Design Review Committee must designate one person, who need not be a member of the committee, to organize the work of the committee and ensure that is performed properly and in a timely manner. Each member must be in compliance with the Design Guidelines and current in payment of their Assessments. Design Review Committee members will serve a term of two (2) years, with Master Surveillance Committee review each year. No member of the Design Review Committee maybeontheMasterSurveillanceCommittee. IftheMasterSurveillanceCommitteedetermines that a Design Review Committee member has failed to meet the requirements of the office, such Design Review Committee member must be terminated for cause and may not complete their term.

(c) Responsibilities. The Design Review Committee must approve or disapprove and must monitor any new construction and modifications to existing structures, including hardscape or major modifications to landscaping, whether owned by an individual Owner, a Sub- Condominium, or the Master Condominium, in order to ensure compliance with the Master Rules, the Master Condominium Declarations, the Administrators Rules, the Design Guidelines, and all other applicable rules, regulations, standards, resolutions, or guidelines issued by the Master Condominium Assembly, and to maintain an integrated and aesthetically pleasing community. The Design Review Committee must review and evaluate each set of plans and specifications submitted for adherence to the Design Guidelines and may approve or disapprove all or any part of such plans. The Design Review Committee must also interpret applicable Design Guidelines at the request of an Owner, Sub-Condominium, or the Master Condominium.

(d) Design Review Technical Support. The Design Review Committee may delegate its responsibilities for reviewing drawings and specifications, except final review and approval, to Design Review Technical Support. The primary role of Design Review Technical Support is to support the Design Review Committee, including but not limited to checking whether techniques, materials, and designs conform to the Design Guidelines; ensuring that all documentation required by the application is submitted; reviewing construction progress to ensure compliance with approved plans, Design Guidelines, and applicable deadlines; and reporting their findings to the Design Review Committee.

(e) Address. The Design Review Committee address is at the Administrators Office and is the place for the submittal of drawings and specifications and the place where the current Design Guidelines are kept. An archive of all approved, pending, and unapproved files will be held at the same address for a minimum period of 5 years, after which they may be destroyed. Any architectural features or landscaping that predate the destruction of such files are deemed to have been approved pursuant to the Master Rules, the Administrators Rules, the Design Guidelines, and all other applicable rules, regulations, standards, resolutions, or guidelines issued by the Master Condominium Assembly.

(f) Compliance; Penalties. Administrators have the power to direct that an unapproved structure be brought into compliance at the Owner’s expense, and Administrators may impose a fine, penalty, or Penalty Assessment against the offending Owner or Private Unit, in accordance with the Master Rules, the Master Condominium Declarations, the Administrators Rules, the Design Guidelines, and all other applicable rules, regulations, standards, resolutions, or guidelines issued by the Master Condominium Assembly, if any structure or improvement is deemed to be in violation thereof within five years of construction.

(g) Conflict of Interest. Design Review Committee members must recuse themselves in the event of a conflict of interest. A Design Review Committee alternate will assume the recused Design Review Committee member’s position. Should Design Review Technical Support be in conflict, Administrators may appoint a substitute to advise the Design Review Committee, as needed, in the particular case.

(h) Warranties. Approval by the Design Review Committee of designs, submittals, drawings, or specifications or any changes in size, configuration, or location does not constitute a representation of warranty as to quality, fitness, suitability, engineering design, or compliance with governmental requirements.

(i) Liability. The Design Review Committee, the individual members thereof, Administrators, the Master Surveillance Committee, and the officers, directors, and agents of same do not assume any liability or responsibility for (i) any defect in any structure constructed from any drawings and specifications, (ii) any damage, loss or prejudice suffered or claimed on account of approval or disapproval of any drawings and specifications, (iii) the construction or performance of any work, (iv) the development or manner of development of any property within the Master Condominium, (v) a change of the natural grade of any Private Unit or Sub-Condominium Unit, or (vi) any work stoppage due to a violation of the Design Guidelines.

10.2 Design Guidelines. The standards expressed in the Design Guidelines are intended to ensure that all structures and improvements are consistent with Land Use Classifications and Permitted Uses, harmonious with each other, protect the unique natural features of the development, and maintain the commitment to quality in Loreto Bay. Administrators must maintain a copy of the Design Guidelines at the Administrators Office at all times. The Design Guidelines are a part of the rules and regulations of the Master Condominium and are binding on all Owners, Sub-Condominiums, Private Units not subject to a Sub-Condominium regime, and Sub-Condominium Units, whether residential or commercial. Owners, Administrators, and Sub- Condominium Administrators, are responsible for ensuring that contractors and workers working on their property or at their direction comply with the Design Guidelines and all directives of the Design Review Committee. The Design Review Committee may make recommendations to the Master Condominium Assembly to amend, repeal, or augment the Design Guidelines.

The Design Guidelines must include:

(a) Standards for compliance with Land Use Classifications, occupancy, and permitted uses;

(b) Standards for the nature, kind, shape, height, materials, exterior color, surface texture, and location of all structures, as well as any signage, exterior artwork, and items Visible from Neighboring Property, including but not limited to sculptures and statues;

(c) The process and procedures for all applications, including requirements for drawings and specifications;

  1. (d)  Time limits for project completion;

  2. (e)  Applicable fees; and

  3. (f)  The Design Review appeal process.