REVIEW OF PROPOSED CONSTRUCTION. A. No Improvements, including, by way of example and not of limitation, accessory structures, exterior lighting fixtures, brick pavers, stamped concrete, concrete flatwork, basketball goals, gym sets and play structures, buildings, fences, privacy walls, walls, pools, roofs, gutters or rain spouts, antennae, aerials, microwaves, reception devices, mailboxes, external enclosures or attachments, or landscaping (including xxxxxx, massed plantings and trees) shall be commenced, erected, installed, altered, modified, painted, planted, or maintained on the Property, including the Lots, nor shall any canopies, shutters, or window coverings be attached to or placed upon outside walls or roofs of any Home or building by any Owner other than Declarant, unless such Improvements have been reviewed by and received the written approval of the Committee in accordance with Paragraph B herein below. Any Owner desiring to make Improvements shall submit two (2) complete sets of plans and specifications prepared by an architect, landscape architect, engineer or other person determined by the Committee to be qualified, showing the nature, dimensions, materials and location of the same, together with the security deposit, if required by the Committee, to be held and disbursed by the Association in accordance with Section 3 herein below. In addition to the foregoing, the Committee may establish and charge a review fee on a case by case basis, in the sole discretion of and in an amount set by the Committee. If a review fee is charged by the Committee, it shall be nonrefundable in any event, whether or not the application submitted by an Owner is approved. Notwithstanding anything in this Article VIII to the contrary, if it is determined that any of the terms of Article VIII conflict with any of the terms or provisions of Article X, Section 17, then the terms or provisions of Article X, Section 17 shall supersede and control to the extent of such conflict.
REVIEW OF PROPOSED CONSTRUCTION. Subject to §9.10 and such rights of approval granted in §9.1 or elsewhere in this Declaration, no improvement or alteration as provided for in this Article, or reconstruction, repair, demolition or the like as provided for in Articles VIII and X, (including landscaping) shall be performed, erected or installed on or in the Building by the Hotel Owner or the Condo-Hotel Owner, nor any subdivision, platting or replatting of the Hotel Parcel or the Condo-Hotel Parcel shall be made, unless and until, in any such case, the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to, and approved in writing, by the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it considers that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the Building as a whole, and that the appearance of any structure affected thereby will be in harmony with the surrounding structures and is otherwise desirable. The Architectural Committee may condition its approval of proposals and plans and specifications as it deems appropriate, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Architectural Committee may also issue rules or guidelines setting forth procedures for the submission of plans for approval. The Architectural Committee may require such detail in plans and specifications submitted for its review as it considers proper, including, without limitation, floor plans, surveys, elevation drawings and descriptions or samples of materials and colors. Until receipt by it of required plans and specifications and other requested information as necessary, the Architectural Committee may postpone review of any proposal submitted for approval. The Architectural Committee shall have thirty (30) days after delivery of all required materials to approve or reject any such plans, and a proposal that is not rejected within such thirty
