ARCHITECTURAL CONTROL COMMITTEE. The initial Architectural Control Committee is composed of XXXXXXX X. XXXXX, XXXXXX X. XXXX and XXXXX XXXX. The Architectural Control Committee shall serve until all lots in the subdivision are sold, but one member will be replaced by the Trustees when fifty percent (50%) of the lots are sold and another member will be replaced by the Trustees when Ninety Five percent (95%) of the lots are sold and the third initial Architectural Control Committee member will be replaced by the Trustees upon sale of all the lots. Thereafter, the Trustees shall determine the composition and necessity of the committee. In the event of the death or resignation of any member of the Committee, the remaining member or members shall have full authority to designate a successor or successors. A majority of the Committee may designate a representative of the Committee to act for it. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time after ten (10) years from the date of this indenture, if this development is fully developed with improvements on all lots, the then record owners of a majority of the tracts shall have the power through a duly recorded instrument to change the membership of the Committee or to modify any of its powers or duties. The Committee approval or disapproval as required in these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within sixty (60) days after plans and specifications have been submitted to it (or in the event, if no suit to enjoin the construction has been commenced prior to the completion thereof), approval will not be required and the related covenants will be deemed to have been fully complied with. Members of the committee shall have the power and authority to grant variances when circumstance arise to merit them at their discretion, but in no event can variances be granted which violate current City of Chesterfield Ordinances.
ARCHITECTURAL CONTROL COMMITTEE. To promote architectural compatibility and to preserve the value of homes and land within Pinnacle Point until the construction plans, site plan, architectural drawings, specifications and any other similar document showing the nature, kind, shape, size, height and materials of such construction or alteration (the “Plans”) shall be submitted to and approved in writing by the ACC, in its reasonable discretion: (i) no residence, improve, building, fence, or other structure shall be commenced or erected upon any Burdened Lot in Pinnacle Point and (ii) no exterior addition, alteration, improvement, or renovation to any structure on a Burdened Lot shall be made. In the event that the ACC fails to approve or disapprove of the Plans within thirty (30) business days after submission of the Plans, the Plans will be deemed to have been given the written approval of the ACC. The ACC, in its sole discretion, may promulgate certain rules and requirements regarding the materials and products approved for use upon improvements on any Burdened Lot within Pinnacle Point. In the event a Member violates this provision, the Association may exercise any of its legal remedies to prohibit or redress such violation, including, but not limited to, seeking injunctive relief. Should the Association be the prevailing party in any such litigation, in addition to any court-ordered relief, it shall be awarded its actual attorney’s fees.
ARCHITECTURAL CONTROL COMMITTEE. NOR-‐TEX DEVELOPMENT CORPORATION shall appoint the Architectural Control Committee to perform the duties required to be performed by said Committee hereunder. The said Committee shall be comprised of not less than three (3) nor more than six (6) persons and the decision of the majority of the Committee shall be final. Nor-‐ Tex Development Corporation may release or appoint such members to serve at any time as may be necessary. The term of office of the members of the Committee shall be for one (1) year and shall continue after the expiration of said term until a replacement or replacements are appointed. The Architectural Control Committee shall be deemed to have convened if not less than three (3) of the appointed members are present at any meeting held. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. Subsequent to the sale and conveyance of ninety percent (90%) of all lots in the Addition by NOR-‐TEX DEVELOPMENT CORPORATION, the membership may be reconstituted by a seventy-‐five percent (75%) majority vote of the lot owners. Thereafter, vacancies on the Architectural Control Committee shall be filled by a seventy-‐five percent (75%) majority vote of lot owners.
ARCHITECTURAL CONTROL COMMITTEE. To carry out the general plan of development and improvement, to implement the plan of the subdivision, and to maintain and enforce the listed restrictions and the high standard of construction and appearance for the benefit of the owners of this subdivision, there is hereby established an Architectural Control Committee of Riverbend Subdivision, Eighth Filing, Part I.
ARCHITECTURAL CONTROL COMMITTEE. The Developer agrees to establish an Architectural Control Committee as a part of the subdivision covenants for the Development. Such Committee shall include the Developers and shall review and approve all buildings in the Development with respect to quality of workmanship and material, harmony of exterior design with proposed and existing structures, and as to location with respect to adjoining properties, topography, trees and shrubs, and finish grade elevations.
ARCHITECTURAL CONTROL COMMITTEE. There shall be an Architectural Control Committee (hereinafter referred to as the “Committee”) comprised of three (3) Persons appointed by the Board (and the members of the Board may be members of said committee). No member of the Committee shall be entitled to any salary for serving thereon, but reasonable fees may be paid to any consultants for services rendered to the Committee.
ARCHITECTURAL CONTROL COMMITTEE. A. An Architectural Control Committee (the “A.C.C.”) shall exist at all times as a committee of the POA (as described below). The committee shall determine its own procedures and rules, and is subject at all times to the POA’s bylaws, rules and procedures, and all decisions of the A.C.C. shall be subject to review, reversal, or approval of the POA within thirty days of the A.C.C.’s decision.
B. The size, design, location, and site development of dwellings shall be subject to the prior approval of the A.C.C. No dwelling shall be erected without the prior approval of all plans and specifications thereof and therefor by the A.C.C., and all dwellings shall be constructed in strict accordance with such approved plans and specifications. Any and all changes to the exterior of all dwellings (including without limitation paint color of the exterior including doors) shall require the prior approval of the A.C.C., and must be made in strict accordance with such approved plans and specifications.
C. Accessory buildings, and fences in this addition shall be subject to the prior approval of the POA.
D. Approval of plans for dwellings, permitted accessory buildings and fences shall not be withheld because of the exterior design of the improvements, provided the improvements are in accordance with the highest standards of architectural design.
E. These protective covenants and any applicable zoning laws of the City of Bentonville, Arkansas, shall govern the actions of the committee.
ARCHITECTURAL CONTROL COMMITTEE. To insureensure that all dwellings and accessory buildings constructed or erected in Hanover Subdivision shall have good quality materials and workmanship and are compatible with other dwellings and accessory buildings constructed or to be constructed in the Hanover Subdivision, the Association shall establish an Architectural Control Committee. The Architectural Control Committee shall consist of three (3) members appointed by the Board of Directors of the Association, as shown in the Bylaws of Hanover Property Association, Inc., an Arkansas Non-Profit Corporation.pursuant to the Bylaws. Of the first members to be appointed after the date of recording of these Protective Covenants (the "2021 Committee Members"), one member, who shall be a lot owner in Hanover Phase I (the "Phase I Delegate") shall serve until December 31, 2022, one member, who shall be a lot owner in Hanover Phase II (the "Phase II Delegate"), shall serve until December 31, 2023, and one member, who shall be a lot owner in Hanover Phase III (the "Phase III Delegate"), shall serve until December 31, 2024. All members appointed after the 2021 Members shall serve a term of three (3) years, and successor members of the 2021 Committee Members shall also be lot owners in the respective phase of Hanover Subdivision, with the intention that at all times, the Architectural Control Committee shall consist of one Phase I Delegate, one Phase II Delegate, and one Phase III Delegate. Each delegate on the Architectural Control Committee shall be charged with the enforcement and oversight of such delegate's respective phase in Hanover Subdivision. No buildings, structures or other improvements on any lot in Hanover Subdivision may be commenced until: (a) construction plans and specifications and a plan showing the location of the structure on the lot shall have been approved in writing by the Architectural Control Committee;
ARCHITECTURAL CONTROL COMMITTEE. The Developers heretofore designated, their successors, shall constitute the Architectural Control Committee. The Architectural Control Committee shall have authority to pass on plans and specifications and otherwise guide the development of the Subdivision as planned and restricted herein. The Architectural Control Committee shall prepare rules and regulations for the conduct of its duties and shall provide for removal, replacement and resignation of its members.
ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control Conunittee is composed of three (3) active employees or officers ofDJ Land Company. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. A majority of the Committee may designate a representative to act for it. At any time after more than 75% of the lots have been sold, the owners of 50% or more of the described lots may call a meeting for the purpose of electing members of the Architectural Control Committee. Written notice of such meeting shall be mailed to all owners not less than five (5) days prior to the meeting. At such meeting any property owner may be proposed for membership on the Control Committee and on majority vote shall be elected to the Control Committee until three (3) have been elected. Property owners may have one vote per lot. At such meeting one or all of the Control Committee may be replaced. Any vacancy shall be filled by appointment of a successor by the remaining (2) members. Such successor shall serve until replaced by election as provided above.
