(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 and structures shall not apply to the construction, alteration or additions made by a Declarant or an Approved Builder.

Article VII — Common Driveways

Section 1.   Obligation of Maintenance.

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.

Section 2.   Definitions.

(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.

Hawkins Construction Co., Inc., shall be a User at such time it utilizes CD 2 for ingress-egress to the adjacent lands presently owned by it.

For CD 3, Lot 7 is a User if this Owner utilizes CD 3 for ingress-egress to such Owner's residence; and Ahmad Moinami and M. A. Moienamin are not Users so long as they have no right to utilize CD 3 to access their property.

For CD 4, Lots 8 and 9 are the only Users.

Section 3.   Construction.

Declarant is under no duty, obligation or agreement to build or construct any Common Driveway shown on the recorded plat of the Properties. Declarant may elect, in its discretion, to build or construct all or a portion of one or more of the Common Driveways.

Section 4.   Uses.

Section 5.   Individual Obligation to Repair Damage.

In the event that a Common Driveway is damaged or destroyed through the act of a User or Owner or any of his agents or guests, invitees, licensees or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such User or Owner to rebuild and repair that Common Driveway without cost to the other Users or Owners of the Affected Lots.

Section 6.   Joint Obligation to Repair Damage.

Except as provided in Section 5 above, it shall be the obligation of all Users of the Affected Lots for each Common Driveway to share on a pro rata basis (based on the number of feet travelled upon the Common Driveway) in the maintenance, repair, upkeep, improvement and replacement of the Common Driveway (including repair or deterioration from ordinary wear and tear and lapse of time). All decisions regarding expenditures for each Common Driveway may be made by majority decision of the Users at a meeting of such Users called by the Association at the request of a User of an Affected Lot.