of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval.
Neither the Architectural Approval Committee, Association, Declarant nor any member thereof shall be liable to any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (i) the approval or disapproval of any plans, drawings, or specifications, whether or not acceptable or unacceptable, (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, and, (iii) the development of any Lot. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Committee, or any member thereof, may, but is not required to, consult with or hear the views of any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Committee.
In the event the Committee fails to approve or disapprove such design and related materials within thirty (30) days after a complete submission is deemed to have been made by the Committee or in the event that no suit to enforce these provisions has been filed in the appropriate court within six (6) months of completion of the subject construction or alteration, then approval by the Committee shall be conclusively presumed to have been granted. All submissions and materials shall be retained and kept on permanent file by the Committee.
During reasonable hours, any member of the Committee, or any authorized representative of the Committee, shall have the right to enter upon and inspect any Lot within the Properties and the improvements thereon, except that no entry or access shall be made to the interior of any residence, garage or other structure, for the purpose of ascertaining whether or not the provisions of the Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry.
The provisions of this Declaration and this Article with respect to the approval of the improvements and structures shall not apply to the construction, alteration or additions made by a Declarant or an Approved Builder.
Purchasers of Common Driveway Lots automatically assume an obligation, as hereinafter provided, to maintain the pipestem driveway, which obligation is a condition of their ownership of the Lot and runs with the land.
(A) "Common Driveway" or "Common Driveways" shall mean and refer to the area within i) the Ingress-Egress Easement shown on Parcel B and Lot 3 ("CD 1"), ii) the 50' Ingress-Egress Easement shown on Lot 6 ("CD 2"), iii) the 50' Ingress-Egress Easement shown on Lot 7 ("CD 3"), and iv) the 40' Ingress-Egress Easement shown on Lots 8 and 9 ("CD 4"), all as shown on the recorded plat of the Properties.
(B) "Affected Lots" shall mean and refer to Lots 2 and 3, Parcel B and adjacent property acquired by Woolsey Associates, Inc., in Deed Book No. 1045, at page 58, of said County land records for CD 1; Lot 6 and adjacent property acquired by Declarant in Deed Book No. 1357, at page 1256, and in Deed Book No. 1377, at page 870, of said County land records for CD 2; Lot 7 and adjacent property acquired by Ahmad Moinami and M. A. Moienamin by deed recorded in Deed Book No. 1557, at page 916, of said County land records for CD 3; and, Lots 8 and 9 for CD 4.
(C) "User" shall mean and refer to the Owner of a Lot or Parcel who is entitled to use a Common Driveway and actually utilizes the Common Driveway.
For CD 1, Lot 2 and Parcel B are Users; Lot 3 is not a User but may become a User if Owner of Lot 3 utilizes CD 1 for ingress-egress to such Owner's residence; and, Woolsey Associates, Inc., is not a User so long as it has no right to utilize CD 1 to access its property.
For CD 2, Lot 6 is a User if this Owner utilizes CD 2 for ingress-egress to such Owner's residence; and, Raymond C.
