Common use of ARCHITECTURAL CONTROL Clause in Contracts

ARCHITECTURAL CONTROL. The following provisions shall govern architectural control of all Improvements with the exception of New Construction (which must be approved by the New Construction Committee rather than the Architectural Committee): (A) No excavating or grading work shall be performed on any Lot for the purpose of constructing Improvements by any Owner other than Declarant without the prior approval of the Architectural Committee Each Owner altering any grading or drainage on a Lot shall ensure that such alterations comply with all requirements of any grading or drainage plan approved by any governmental entity having jurisdiction over the Property and that such alterations do not alter or impede the flow of storm water from the manner existing prior to such alterations; approval of plans or proposed Improvements by the Architectural Committee shall not constitute a waiver of this requirement or a warranty that such plans or Improvements are consistent with this requirement or any other requirement of this Declaration, the Association Rules, any governmental requirement or construction industry standard. (B) No Improvements shall be constructed or installed on any Lot without the prior written approval of the Architectural Committee. (C) No addition, alteration, repair, change or other work which in any way alters the exterior appearance, including but without limitation, the exterior color scheme, of any Lot, or the Improvements located thereon, shall be made or done without the prior written approval of the Architectural Committee. (D) Any Owner desiring approval of the Architectural Committee for the construction, installation, addition, alteration, repair, change or replacement of any Improvement which would alter the exterior appearance of the Improvement, shall submit to the Architectural Committee a written request for approval specifying in detail the nature and extent of the construction, installation, addition, alteration, repair, change or replacement of any Improvement which the Owner desires to perform, including, but not limited to, the shape, height, materials, floor plans, color scheme and location of such proposed Improvement. Any Owner requesting the approval of the Architectural Committee shall also submit to the Architectural Committee any additional information, plans and specifications which the Architectural Committee may request. If the Architectural Committee fails to approve or disapprove an application for approval within sixty (60) days after the application, together with all supporting information, plans and specifications requested by the Architectural Committee have been submitted to it, approval will not be required and this Section will be deemed to have been complied with by the Owner who had requested approval of such plans. (E) Without curtailing the right of the Architectural Committee to reject certain requests or employ judgment in evaluating requests, the following guidelines shall be considered when evaluating requests regarding fences. Even in the event of strict compliance with the following guidelines, prior written approval from the Architectural Committee shall be required for each and every fence installation. (i) Any fence installed on a Lot within the Property must have a uniform maximum height of no more than six feet (6’) above the sod level. (ii) Any fence must be made entirely of one of the following materials: (a) PVC; (b) wrought iron; or (c) aluminum rail. (iii) All fences comprised of PVC shall be beige in color, or painted beige in color within thirty (30) days of installation. All fences comprised of wrought iron or aluminum rail shall be black in color or painted black in color within thirty (30) days of installation. (iv) No fence shall be approved or installed which encroaches into Common Area or other Lots. (v) No fence shall be approved or installed which extends in front of the front wall of the Residential Unit or beyond the rear wall of the Residential Unit without the prior approval of the Architectural Committee. Notwithstanding the foregoing, no fence shall be approved or installed beyond the rear wall of a Residential Unit on either (A) a Lot upon which a Water Feature, as defined in Section 3.1.1 hereof, is located or that shares a boundary line with a tract or parcel upon which a Water Feature is located or (B) a Lot upon which a conservation easement is located or that shares a boundary line with a tract or parcel on which a conservation easement is located, unless such fence is comprised of wrought iron or open aluminum rail, black in color or painted to be black in color within thirty (30) days of installation, and has a uniform maximum height of no more than five feet (5’) above the sod level. (F) The approval by the Architectural Committee of any construction, installation, addition, alteration, repair, change, or other work pursuant to this Section shall not be deemed a waiver of the Architectural Committee’s right to withhold approval of any similar construction, installation, addition, alteration, repair, change, or other work subsequently submitted for approval. (G) Upon receipt of approval from the Architectural Committee for any construction, installation, addition, alteration, repair, change, or other work, the Owner who obtained such approval shall proceed to perform, construct or make the construction, installation, addition, alteration, repair, change or other work approved by the Architectural Committee as soon as practicable and shall diligently pursue such work so that it is completed as soon as reasonably practical and within such time as may be prescribed by the Architectural Committee. (H) The approval of the Architectural Committee required by this Section shall be in addition to, and not in lieu of, the requirements of and any approvals, consents, or permits required under the ordinances or rules and regulations of any county or municipality having jurisdiction over the Property. (I) The provisions of this Section shall not apply to, and approval of the Architectural Committee shall not be required for, the construction, erection, installation, addition, alteration, repair, change, or replacement of any Improvements made by, or on behalf of, the Declarant. (J) In no event shall the Association, the Board, the Declarant, the Architectural Committee, any member of the Architectural Committee, or any director, officer, manager, member, employee or agent thereof have any liability for any action or inaction by the Architectural Committee or its members, including without limitation any approval or disapproval of plans by the Architectural Committee. The sole remedy for an Owner asserting that the Architectural Committee has improperly withheld approval or has improperly granted approval shall be an action to compel the Architectural Committee to take appropriate action. In no event shall any damages of any nature be awarded against the Association, the Architectural Committee or any member of the Architectural Committee arising from any action or inaction described in this Section 5.23. Every person who submits plans for approval, by submission of such plans and specifications, agrees that it will not bring any action or suit for damages against the Association, Board, Declarant, Architectural Committee, any member of the Architectural Committee, or any director, officer, employee, manager, member or agent thereof. (K) Each Owner is strongly advised to consult with independent architects and engineers to ensure that all Improvements or alterations made by such Owner are safe and in compliance with applicable governmental requirements. No approval by the Architectural Committee shall constitute a guaranty or warranty by the Association, the Architectural Committee or any member of the Architectural Committee that the matters approved will comply with this Declaration, any Association Rules or architectural guidelines, or any applicable governmental requirements or that any plans or Improvements are safe or properly designed. The Owner constructing or altering any Improvements shall indemnify, defend and hold the Association harmless from (i) any claims or damages of any nature arising from such Improvements or alterations or any approval thereof by the Architectural Committee and (ii) any claim that the Association, the Architectural Committee or any member of the Architectural Committee breached any duty to other Owners in issuing approval of such Owner’s Improvements or alterations.

ARCHITECTURAL CONTROL. The following provisions shall govern architectural control of all Improvements with the exception of New Construction (which must be approved by the New Construction Committee rather than the Architectural Committee): (A) No excavating or grading work shall be performed on any Lot for the purpose of constructing Improvements by any Owner other than Declarant without the prior approval of the Architectural Committee Each Owner altering any grading or drainage on a Lot shall ensure that such alterations comply with all requirements of any grading or drainage plan approved by any governmental entity having jurisdiction over the Property and that such alterations do not alter or impede the flow of storm water from the manner existing prior to such alterations; approval of plans or proposed Improvements by the Architectural Committee shall not constitute a waiver of this requirement or a warranty that such plans or Improvements are consistent with this requirement or any other requirement of this Declaration, the Association Rules, any governmental requirement or construction industry standard. (B) No Improvements shall be constructed or installed on any Lot without the prior written approval of the Architectural Committee. (C) No addition, alteration, repair, change or other work which in any way alters the exterior appearance, including but without limitation, the exterior color scheme, of any Lot, or the Improvements located thereon, shall be made or done without the prior written approval of the Architectural Committee. (D) Any Owner desiring approval of the Architectural Committee for the construction, installation, addition, alteration, repair, change or replacement of any Improvement which would alter the exterior appearance of the Improvement, shall submit to the Architectural Committee a written request for approval specifying in detail the nature and extent of the construction, installation, addition, alteration, repair, change or replacement of any Improvement which the Owner desires to perform, including, but not limited to, the shape, height, materials, floor plans, color scheme and location of such proposed Improvement. Any Owner requesting the approval of the Architectural Committee shall also submit to the Architectural Committee any additional information, plans and specifications which the Architectural Committee may request. If In the event that the Architectural Committee fails to approve or disapprove an application for approval within sixty (60) days after the application, together with all supporting information, plans and specifications requested by the Architectural Committee have been submitted to it, approval will not be required and this Section will be deemed to have been complied with by the Owner who had requested approval of such plans. (E) Without curtailing the right of the Architectural Committee to reject certain requests or employ judgment in evaluating requests, the following guidelines shall be considered when evaluating requests regarding fences. Even in the event of strict compliance with the following guidelines, prior written approval from the Architectural Committee shall be required for each and every fence installation. (i) Any fence installed on a Lot within the Property must have a uniform maximum height of no more than six feet (6’) above the sod level. (ii) Any fence must be made entirely of one of the following materials: : (a) PVC; (b) wrought a)wrought iron; or (cb) aluminum rail. (iii) All fences comprised of PVC shall be beige in color, or painted beige in color within thirty (30) days of installation. All fences comprised of wrought iron or aluminum rail shall be black in color or painted black in color within thirty (30) days of installation. (iv) No fence shall be approved or installed which encroaches into Common Area or other Lots. (v) No fence shall be approved or installed which extends in front of the front wall of the Residential Unit or beyond the rear wall of the Residential Unit without the prior approval of the Architectural Committee. Notwithstanding the foregoing, no fence shall be approved or installed beyond the rear wall of a Residential Unit on either (A) a Lot upon which a Water Feature, as defined in Section 3.1.1 hereof, is located or that shares a boundary line with a tract or parcel upon which a Water Feature is located (a “Water Feature Lot”) or (B) a Lot upon which a conservation easement is located or that shares a boundary line with a tract or parcel on which a conservation easement is locatedlocated (a “Conservation Lot”), unless such fence is comprised of wrought iron or open aluminum rail, black in color or painted to be black in color within thirty (30) days of installation, and has a uniform maximum height of no more than five feet (5’) above the sod level. (F) The approval by the Architectural Committee of any construction, installation, addition, alteration, repair, change, or other work pursuant to this Section shall not be deemed a waiver of the Architectural Committee’s right to withhold approval of any similar construction, installation, addition, alteration, repair, change, or other work subsequently submitted for approval. (G) Upon receipt of approval from the Architectural Committee for any construction, installation, addition, alteration, repair, change, or other work, the Owner who obtained such approval shall proceed to perform, construct or make the construction, installation, addition, alteration, repair, change or other work approved by the Architectural Committee as soon as practicable and shall diligently pursue such work so that it is completed as soon as reasonably practical and within such time as may be prescribed by the Architectural Committee. (H) The approval of the Architectural Committee required by this Section shall be in addition to, and not in lieu of, the requirements of and any approvals, consents, or permits required under the ordinances or rules and regulations of any county or municipality having jurisdiction over the Property. (I) The provisions of this Section shall not apply to, and approval of the Architectural Committee shall not be required for, the construction, erection, installation, addition, alteration, repair, change, or replacement of any Improvements made by, or on behalf of, the Declarant. (J) In no event shall the Association, the Board, the Declarant, the Architectural Committee, any member of the Architectural Committee, or any director, officer, manager, member, employee or agent thereof have any liability for any action or inaction by the Architectural Committee or its members, including without limitation any approval or disapproval of plans by the Architectural Committee. The sole remedy for an Owner asserting that the Architectural Committee has improperly withheld approval or has improperly granted approval shall be an action to compel the Architectural Committee to take appropriate action. In no event shall any damages of any nature be awarded against the Association, the Architectural Committee or any member of the Architectural Committee arising from any action or inaction described in this Section 5.235.24. Every person who submits plans for approval, by submission of such plans and specifications, agrees that it will not bring any action or suit for damages against the Association, Board, Declarant, Architectural Committee, any member of the Architectural Committee, or any director, officer, employee, manager, member or agent thereof. (K) Each Owner is strongly advised to consult with independent architects and engineers to ensure that all Improvements or alterations made by such Owner are safe and in compliance with applicable governmental requirements. No approval by the Architectural Committee shall constitute a guaranty or warranty by the Association, the Architectural Committee or any member of the Architectural Committee that the matters approved will comply with this Declaration, any Association Rules or architectural guidelines, or any applicable governmental requirements or that any plans or Improvements are safe or properly designed. The Owner constructing or altering any Improvements shall indemnify, defend and hold the Association harmless from (i) any claims or damages of any nature arising from such Improvements or alterations or any approval thereof by the Architectural Committee and (ii) any claim that the Association, the Architectural Committee or any member of the Architectural Committee breached any duty to other Owners in issuing approval of such Owner’s Improvements or alterations.

ARCHITECTURAL CONTROL. The following provisions shall govern architectural control of all Improvements with Except for the exception of New Construction (which must be approved original construction upon the Lots situated within the property by the New Construction Committee rather than the Architectural Committee): (A) No excavating or grading work shall be performed on Declarant and any Lot for the purpose of constructing Improvements by any Owner other than Declarant without the prior approval of the Architectural Committee Each Owner altering any grading or drainage on a Lot shall ensure that such alterations comply with all requirements of any grading or drainage plan approved by any governmental entity having jurisdiction over the Property and that such alterations do not alter or impede the flow of storm water from the manner existing prior improvements to such alterations; approval of plans or proposed Improvements by the Architectural Committee shall not constitute a waiver of this requirement or a warranty that such plans or Improvements are consistent with this requirement or any other requirement of this Declaration, the Association Rules, any governmental requirement or construction industry standard. (B) No Improvements shall be constructed or installed on any Lot without the prior written approval of the Architectural Committee. (C) No addition, alteration, repair, change or other work which in any way alters the exterior appearance, including but without limitation, the exterior color scheme, of any Lot, accomplished concurrently with said original construction and except for the purposes of proper maintenance and repair or the Improvements located thereonas otherwise in this Declaration provided, it shall be made prohibited to install, erect, attach, apply, paste, hinge, screw, nail, build, alter, remove or done without the prior written approval of the Architectural Committee. (D) Any Owner desiring approval of the Architectural Committee for the constructionconstruct any lighting, installationshades, additionscreens, alterationawnings, repairpatio covers, decorations, fences, aerials, antennas, radio or television broadcasting or receiving device, slabs, sidewalks, curbs, gutters, patios, porches, driveways, walls or to make any change or replacement otherwise alter (including any alteration of color) in any manner whatsoever of any Improvement which would alter exterior within ▇▇▇▇▇▇▇▇▇▇ Farms, Phase One until the exterior appearance of complete plans and specifications showing the Improvementlocation, shall submit to the Architectural Committee a written request for approval specifying in detail the nature and extent of the constructionnature, installation, addition, alteration, repair, change or replacement of any Improvement which the Owner desires to perform, including, but not limited to, the shape, height, materialsmaterial color, floor planstype of construction and/or any other proposed form of change (including, without limitation, any other information specified by the Declarant or its designated committee) shall have been submitted to and approved in writing as to harmony of external design, color scheme and location of such proposed Improvementin relation to surrounding structures and topography by the Declarant, or by any architectural control committee designed by it. Any Owner requesting In the approval of event the Architectural Committee shall also submit to the Architectural Committee any additional information, plans and specifications which the Architectural Committee may request. If the Architectural Committee Declarant or its designated committee fails to approve or disapprove an application for approval such design and location within sixty thirty (6030) days after the application, together with all supporting information, said plans and specifications requested by the Architectural Committee have been submitted to it, approval will not be required and this Section will be deemed to have been complied with by the Owner who had requested approval of such plans. (E) Without curtailing the right of the Architectural Committee to reject certain requests or employ judgment in evaluating requests, the following guidelines shall be considered when evaluating requests regarding fences. Even in the event of strict compliance with the following guidelines, prior written approval from the Architectural Committee shall be required for each and every fence installation. (i) Any fence installed on a Lot within the Property must have a uniform maximum height of no more than six feet (6’) above the sod level. (ii) Any fence must be made entirely of one of the following materials: (a) PVC; (b) wrought iron; or (c) aluminum rail. (iii) All fences comprised of PVC shall be beige in color, or painted beige in color within thirty (30) days of installation. All fences comprised of wrought iron or aluminum rail shall be black in color or painted black in color within thirty (30) days of installation. (iv) No fence shall be approved or installed which encroaches into Common Area or other Lots. (v) No fence shall be approved or installed which extends in front of the front wall of the Residential Unit or beyond the rear wall of the Residential Unit without the prior approval of the Architectural Committee. Notwithstanding the foregoing, no fence shall be approved or installed beyond the rear wall of a Residential Unit on either (A) a Lot upon which a Water Feature, as defined in Section 3.1.1 hereof, is located or that shares a boundary line with a tract or parcel upon which a Water Feature is located or (B) a Lot upon which a conservation easement is located or that shares a boundary line with a tract or parcel on which a conservation easement is located, unless such fence is comprised of wrought iron or open aluminum rail, black in color or painted to be black in color within thirty (30) days of installation, and has a uniform maximum height of no more than five feet (5’) above the sod level. (F) The approval by the Architectural Committee of any construction, installation, addition, alteration, repair, change, or other work pursuant to this Section shall not be deemed a waiver of the Architectural Committee’s right to withhold approval of any similar construction, installation, addition, alteration, repair, change, or other work subsequently submitted for approval. (G) Upon receipt of approval from the Architectural Committee for any construction, installation, addition, alteration, repair, change, or other work, the Owner who obtained such approval shall proceed to performbe deemed automatically granted. Any restriction hereunder may be waived by the Declarant in lieu of a committee. In the event the Architectural Review Committee rejects plans submitted for approval under this covenant, construct or make upon written application for approval by One Hundred percent (100%) of lot owners within one hundred fifty (150) feet from all property lines of the construction, installation, addition, alteration, repair, change or other work affected lot the said proposed plans shall be deemed approved by the Architectural Committee as soon as practicable and Review Committee. The Declarant shall diligently pursue such work so that it is completed as soon as reasonably practical and within such time as may be prescribed by the Architectural Committee. (H) The approval retain full control of the Architectural Review Committee required by this Section shall be in addition to, and not in lieu of, until 100% of the requirements of and any approvals, consentslots have been conveyed, or permits required under until, in his sole discretion, Declarant appoints three lot owners to act as said Committee. After 100% of the ordinances or rules and regulations of any county or municipality having jurisdiction over the Property. (I) The provisions of this Section shall not apply tolots have been sold, and approval all members of the Architectural Review Committee shall not be required for, the construction, erection, installation, addition, alteration, repair, change, or replacement of any Improvements made by, or on behalf of, the Declarant. (J) In no event shall the Association, the Board, the Declarant, the Architectural Committee, any member of the Architectural Committee, or any director, officer, manager, member, employee or agent thereof have any liability for any action or inaction appointed by the Architectural Committee or its members, including without limitation any approval or disapproval of plans by the Architectural Committee. The sole remedy for an Owner asserting that the Architectural Committee has improperly withheld approval or has improperly granted approval shall be an action to compel the Architectural Committee to take appropriate action. In no event shall any damages of any nature be awarded against the Association, the Architectural Committee or any member of the Architectural Committee arising from any action or inaction described in this Section 5.23. Every person who submits plans for approval, by submission of such plans and specifications, agrees that it will not bring any action or suit for damages against the Association, Board, Declarant, Architectural Committee, any member of the Architectural Committee, or any director, officer, employee, manager, member or agent thereofDirectors elected. (K) Each Owner is strongly advised to consult with independent architects and engineers to ensure that all Improvements or alterations made by such Owner are safe and in compliance with applicable governmental requirements. No approval by the Architectural Committee shall constitute a guaranty or warranty by the Association, the Architectural Committee or any member of the Architectural Committee that the matters approved will comply with this Declaration, any Association Rules or architectural guidelines, or any applicable governmental requirements or that any plans or Improvements are safe or properly designed. The Owner constructing or altering any Improvements shall indemnify, defend and hold the Association harmless from (i) any claims or damages of any nature arising from such Improvements or alterations or any approval thereof by the Architectural Committee and (ii) any claim that the Association, the Architectural Committee or any member of the Architectural Committee breached any duty to other Owners in issuing approval of such Owner’s Improvements or alterations.

ARCHITECTURAL CONTROL. The following provisions shall govern architectural control of all Improvements with the exception of New Construction (which must be approved by the New Construction Committee rather than the Architectural Committee): (A) No excavating or grading work shall be performed on any Lot for the purpose of constructing Improvements by any Owner other than Declarant without the prior approval of the Architectural Committee Each Owner altering any grading or drainage on a Lot shall ensure that such alterations comply with all requirements of any grading or drainage plan approved by any governmental entity having jurisdiction over the Property and that such alterations do not alter or impede the flow of storm water from the manner existing prior to such alterations; approval of plans or proposed Improvements by the Architectural Committee shall not constitute a waiver of this requirement or a warranty that such plans or Improvements are consistent with this requirement or any other requirement of this Declaration, the Association Rules, any governmental requirement or construction industry standard. (B) No Improvements shall be constructed or installed on any Lot without the prior written approval of the Architectural Committee. (C) No addition, alteration, repair, change or other work which in any way alters the exterior appearance, including but without limitation, the exterior color scheme, of any Lot, or the Improvements located thereon, shall be made or done without the prior written approval of the Architectural Committee. (D) Any Owner desiring approval of the Architectural Committee for the construction, installation, addition, alteration, repair, change or replacement of any Improvement which would alter the exterior appearance of the Improvement, shall submit to the Architectural Committee a written request for approval specifying in detail the nature and extent of the construction, installation, addition, alteration, repair, change or replacement of any Improvement which the Owner desires to perform, including, but not limited to, the shape, height, materials, floor plans, color scheme and location of such proposed Improvement. Any Owner requesting the approval of the Architectural Committee shall also submit to the Architectural Committee any additional information, plans and specifications which the Architectural Committee may request. If In the event that the Architectural Committee fails to approve or disapprove an application for approval within sixty (60) days after the application, together with all supporting information, plans and specifications requested by the Architectural Committee have been submitted to it, approval will not be required and this Section will be deemed to have been complied with by the Owner who had requested approval of such plans. (E) Without curtailing the right of the Architectural Committee to reject certain requests or employ judgment in evaluating requests, the following guidelines shall be considered when evaluating requests regarding fences. Even in the event of strict compliance with the following guidelines, prior written approval from the Architectural Committee shall be required for each and every fence installation. (i) Any fence installed on a Lot within the Property must have a uniform maximum height of no more than six feet (6’) above the sod level. (ii) Any fence must be made entirely of PVC or such other material as may be approved by the Architectural Committee. Notwithstanding the foregoing sentence, only one type of the following materials: (amaterial shall be used for any fence(s) PVC; (b) wrought iron; or (c) aluminum railinstalled on a Lot. (iii) All fences comprised of PVC shall be beige or tan in color, or painted beige or tan in color within thirty (30) days of installation. All fences comprised of wrought iron or aluminum rail other material as may be approved by the Architectural Committee shall be black in a color approved by the Architectural Committee or painted black in to the color approved by the Architectural Committee within thirty (30) days of installation. Notwithstanding the foregoing provisions of this section, only one color shall be used for any fence(s) installed on a Lot. (iv) No fence shall be approved or installed which encroaches into Common Area or other Lots. (v) No fence shall be approved or installed which extends in front of the front wall of the Residential Unit or beyond the rear wall of the Residential Unit without the prior approval of the Architectural Committee. Notwithstanding the foregoing, no fence shall be approved or installed beyond the rear wall of a Residential Unit on either (A) a Lot upon which a Water Feature, as defined in Section 3.1.1 hereof, is located or that shares a boundary line with a tract or parcel upon which a Water Feature is located (a “Water Feature Lot”), unless it is (a) “open picket” style PVC or (Bb) a Lot upon which a conservation easement is located such other material or that shares a boundary line with a tract or parcel on which a conservation easement is located, unless such fence is comprised of wrought iron or open aluminum rail, black in color or painted to as may be black in color within thirty (30) days of installation, approved by the Architectural Committee and has a uniform maximum height of no more than five four feet (54’) above the sod level. (F) The approval by the Architectural Committee of any construction, installation, addition, alteration, repair, change, or other work pursuant to this Section shall not be deemed a waiver of the Architectural Committee’s right to withhold approval of any similar construction, installation, addition, alteration, repair, change, or other work subsequently submitted for approval. (G) Upon receipt of approval from the Architectural Committee for any construction, installation, addition, alteration, repair, change, or other work, the Owner who obtained such approval shall proceed to perform, construct or make the construction, installation, addition, alteration, repair, change or other work approved by the Architectural Committee as soon as practicable and shall diligently pursue such work so that it is completed as soon as reasonably practical and within such time as may be prescribed by the Architectural Committee. (H) The approval of the Architectural Committee required by this Section shall be in addition to, and not in lieu of, the requirements of and any approvals, consents, or permits required under the ordinances or rules and regulations of any county or municipality having jurisdiction over the Property. (I) The provisions of this Section shall not apply to, and approval of the Architectural Committee shall not be required for, the construction, erection, installation, addition, alteration, repair, change, or replacement of any Improvements made by, or on behalf of, the Declarant. (J) In no event shall the Association, the Board, the Declarant, the Architectural Committee, any member of the Architectural Committee, or any director, officer, manager, member, employee or agent thereof have any liability for any action or inaction by the Architectural Committee or its members, including without limitation any approval or disapproval of plans by the Architectural Committee. The sole remedy for an Owner asserting that the Architectural Committee has improperly withheld approval or has improperly granted approval shall be an action to compel the Architectural Committee to take appropriate action. In no event shall any damages of any nature be awarded against the Association, the Architectural Committee or any member of the Architectural Committee arising from any action or inaction described in this Section 5.23. Every person who submits plans for approval, by submission of such plans and specifications, agrees that it will not bring any action or suit for damages against the Association, Board, Declarant, Architectural Committee, any member of the Architectural Committee, or any director, officer, employee, manager, member or agent thereof. (K) Each Owner is strongly advised to consult with independent architects and engineers to ensure that all Improvements or alterations made by such Owner are safe and in compliance with applicable governmental requirements. No approval by the Architectural Committee shall constitute a guaranty or warranty by the Association, the Architectural Committee or any member of the Architectural Committee that the matters approved will comply with this Declaration, any Association Rules or architectural guidelines, or any applicable governmental requirements or that any plans or Improvements are safe or properly designed. The Owner constructing or altering any Improvements shall indemnify, defend and hold the Association harmless from (i) any claims or damages of any nature arising from such Improvements or alterations or any approval thereof by the Architectural Committee and (ii) any claim that the Association, the Architectural Committee or any member of the Architectural Committee breached any duty to other Owners in issuing approval of such Owner’s Improvements or alterations.