ARTICLE VIII
ARCHITECTURAL CONTROL
8.1 Members of the Committee. The Architectural Committee will be dissolved and duties will be absorbed by the Board of Trustees.
8.2 Approval by Board of Trustees The Board of Trustees will review plans for buildings and outbuildings and will approve or reject the plans depending on if requirements are met. County permits must be obtained, i.e. building permits, land use permits, etc. A checklist of requirements will be available to insure adherence to all requirements. (Refer to Article XI for requirements)
8.3 Extraordinary Costs. Whenever it deems appropriate, the Board of Trustees may engage the services of an independent architect, civil or structural engineer, or other appropriate consultant to assist in its review of any proposed Improvements. All costs of such additional review will be paid by the Applicant, provided however that no architect or engineer will be hired without advance notice to the Applicant of the intention to hire a review architect or engineer, and the aspects of the proposal that caused the Board of Trustees to believe that professional review was required, and the estimated cost of that review. If the applicant does not withdraw the proposal within fifteen (15) days after receipt of that notice, he/she is deemed to have consented to the Board of Trustees retaining services in its review, the reviewing architect or engineer is acting only in an advisory capacity, and the applicant, for himself/herself and his/her successors and assigns, waives any and all claims against the Board of Trustees and the Association in the event that advice from, or conditions imposed by, the reviewing professional prove ineffective, unnecessary, or inappropriate to the circumstances. The costs of such review will be billed directly to the applicant in advance, and the review of the plans will be suspended until the costs of the special review have been paid by the Applicant. The review period will be extended for a period of thirty (30) days following payment of the special review costs to allow for the review.
8.4 General Design Review. The Board of Trustees will use its best efforts to provide a consistent pattern of development, and consistent application of the standards of this Declaration. These standards are, of necessity, general in nature, and it is the Board of Trustees who should apply them in a manner that results in a high quality, attractive, and well-designed community, and reflect the wide range of Lot sizes with the Subdivision.
8.5 Limitation of Review. The Board of Trustees review is limited to those matters expressly granted in this Declaration. The Board of Trustees shall have no authority over the enforcement of building codes, zones ordinances, or other statutes, laws, or ordinances affecting the development or improvement of real property and shall have no liability to any Owner whose plans were approved in a manner that included any such violation. Corrections or changes in plans required by the County to bring them into conformity with applicable codes must be re-submitted to, and approved by the Board of Trustees prior to construction. No fee will be assessed for reviewing such revisions to the original submission.
8.6 Non-liability of Board of Trustees Members. Neither the Board of Trustees nor any member thereof, nor its duly authorized Board of Trustees representative shall be liable to the Association, or to any Owner for any loss, damage or injury arising out of or in any way connected with the performance of the Board of Trustees duties hereunder, unless due to the willful misconduct or bad faith of the Board of Trustees. The Board of Trustees shall review and approve or disapprove all plans submitted to it for any purposed improvement, alteration or addition, solely on the basis of aesthetic consideration and the overall benefit or detriment shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features, deemed approval of any plan or designs from the standpoint of structural safety or conformance with buildings or other codes.