constructed and that are generally architecturally compatible with the environment and harmonious with each other within the development. To that end and to ensure compliance with the requirements of Article V of this Declaration, there is hereby established the Architectural Approval Committee ("Committee") for SHELTER LAKES.
Section 2. Submission Requirements.
Approval of all site plans, specifications, plats and external designs of any improvements pursuant to Article V to be erected, built or altered upon any of the Lots in the subdivision must be obtained from the Committee and no clearing, grading or construction may be commenced until such approval has been obtained as provided herein. All submissions to the Committee shall be made to it at Route 2, Box 985, Catlett, Virginia 22019. Submissions for approval of a residence and related structures shall include as a minimum:
a) Architectural drawings which shall include floor plans, all exterior elevations, at least two wall sections and specifications for exterior walls, stamped by an architect or professional engineer licensed to do business in Virginia.
b) Site plan which shall show the house, drainfield, fencing, driveways, garage, recreational improvements (if any), property boundaries, and limits of clearing and grading;
c) Building material samples which shall include a sample of the roof tile, exterior trim, brick and/or siding;
d) Color scheme for the exterior, including paint samples;
e) Landscape plan;
f) Bonded Improvements Agreement in the form attached hereto as Schedule “A” duly executed by Owner with payment to Raymond C. Hawkins Construction Co., Inc., of $750.00 per driveway entrance as a bonded improvements escrow to be held pending final acceptance of the bonded public improvements; and
g) Builder’s Agreement duly executed by Owner and his Builder in the form attached hereto as Schedule “B”.
The Committee will notify the Owner in writing when it has determined that a submission is complete. Such proposed improvements shall be approved or disapproved by the Committee with respect to design, placement of structures, use, color and type of building materials, landscaping, compatibility with existing approved structures of the surrounding lots in the development and/or the aesthetic considerations of the development as a whole. Such approval or disapproval shall be in the sole discretion of the Committee. Any such approval may be made with such conditions as the Committee may require to assure compliance with the Declaration. No construction of any type shall commence until the plans and specifications therefor have been approved, in writing, by the Committee and the agreements in the form attached hereto as Schedule "A" and Schedule "B" have been fully executed by the Owner, his builder and the Association, as applicable.
Section 3. Organization, Power of Appointment and Removal of Members.
The Architectural Approval Committee shall be organized as follows:
(A). Committee Composition. The Architectural Approval Committee shall consist of three members. None of the members shall be required to be an architect or to meet any other particular qualifications for membership.
(B). Initial Members. Raymond C. Hawkins, S. Leon McGlothlin and Barbara L. Shepherd are hereby designated as the initial members of the Committee.
(C). Appointment and Removal. The right to appoint and remove all members of the Committee at any time shall be and is hereby vested solely in Raymond C. Hawkins Construction Co., Inc., so long as there exists a Class B membership in the Association. Thereafter the right of appointment and removal shall be vested in the Board of Directors.
(D). Resignations. Any member of the Committee may at any time resign from the Committee by giving written notice thereof to Raymond C. Hawkins Construction Co., Inc., or the Board of Directors as appropriate.
(E). Vacancies. Vacancies on the Committee shall be filled by Raymond C. Hawkins Construction Co., Inc., or whoever then has the power to appoint Committee members. A vacancy or vacancies on the Committee shall be deemed to exist in case of the death or resignation of a member.
Section 4. Duties.
It shall be the duty of the Architectural Approval Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Approval Committee rules, regulations and policies as necessary, and to carry out all other responsibilities delegated to it by this Declaration.
Section 5. Meetings and Compensation.
The Committee shall meet from time to time as necessary to perform its duties hereunder. The vote or written consent of any two members at a meeting or otherwise shall constitute the act of the Committee. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Committee shall not be entitled to compensation for their services.
Section 6. Architectural Approval Committee Rules, Regulations and Policies.
The Committee may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as "Architectural Approval Committee Rules, Regulations and Policies". Said rules, regulations and policies shall interpret and implement this Declaration by setting forth i) standards and procedures for Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes, building materials and other features which are recommended for use in the community and ii) the Committee's policies.
Section 7. No Waiver.
The approval of the Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Committee under this Declaration shall not be deemed to constitute a waiver
of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval.
Section 8. Liability.
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.
Section 9. Time for Approval.
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.
Section 10. Right of Entry.
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.
Section 11. Exemption.
The provisions of this Declaration and this Article with respect to the approval of the improvements
