Common use of ARCHITECTURAL CONTROL Clause in Contracts

ARCHITECTURAL CONTROL. 6.01. No building or other improvement of any character shall be erected or placed, or the erection or placing thereof commenced, or changes made in the design thereof or any addition made thereto or exterior alteration made therein after original construction plans and approval (as hereinafter provided) of the construction plans and specifications and a plat showing the location of such building or other improvements. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument, quality of materials, harmony of the external design with existing and proposed structures and location with respect to topography and finished grade elevation. (a) The authority to grant or withhold architectural control approval as referred to above is vested in the Grantor; except, however, that such authority of the Grantor shall cease and terminate upon the election of the Tahitian Village Architectural Control Committee, in which event such authority shall be vested in and exercised by the Tahitian Village Architectural Control Committee (as provided in “(b)” below), hereinafter referred to, except as to plans and specifications and plats theretofore submitted to the Grantor which shall continue to exercise such authority over all such plans, specifications and plats. (b) At such time as 75% of the lots in the Subdivision and in all others sections of Tahitian Village (as platted, from time to time, hereafter) shall have been sold by the Grantor, the Grantor shall cause a statement of such circumstances to be placed of record in the Deed Records of Bastrop County Texas. Thereupon, the owners in Tahitian Village may by vote as hereinafter provided, elect a committee of five (5) members to be known as the Tahitian Village Architectural Control Committee (hereinafter referred to as the “Committee”). Each member of the Committee must be an owner of property in some section of Tahitian Village. Each lot owner shall be entitled to one (1) vote for each whole lot of building site composed of more than one (1) whole lot; such building site owner shall be entitled to one (1) vote for each whole lot contained within such building site. The Grantor shall be obligated to arrange for the holding of such election within sixty (60) days following the filing of the aforesaid statement by the Grantor in the Deed Records of Bastrop County, Texas, and give notice of the time and place of such election (which shall be in Bastrop County, Texas) not less than five (5) days prior to the holding thereof. Nothing herein shall be interpreted to require that the Grantor actually file any such statement so long as it has not subdivided and sold the entirety of the property, nor to affect the time at which the Grantor might take such action, if, in fact, the Grantor does take such action. The results of each such election shall promptly be determined on the basis of the majority of those owners then voting in such election. After the first such election shall have been held, thereafter the Committee shall be obligated to arrange for elections (in the manner and after notice as set forth above) for the removal and /or replacement of Committee members when so requested in writing by thirty (30) or more lot owners in the Subdivision. Members of the Committee may, at any time, be relieved of their position and substitute members therefore designated by vote as set forth above. Upon the death, resignation, refusal or inability of any member of the Committee to serve, the remaining members of the Committee shall fill the vacancy by appointment, pending an election as hereinabove provided for. 6.03. Approval or disapproval as to architectural control matters as set forth in the preceding provisions shall be in writing. In the event that the authority exercising the prerogative of approval or disapproval (whether the Grantor or the Committee) fails to approve or disapprove in writing any plans and specifications and plat submitted to it in thirty (30) days following such submission, such plans and specifications and plat shall be deemed approved and the construction of any such building and other improvements may be commenced and proceeded with in compliance with all such plans and specifications and plat and all of the other terms and provisions hereof. 6.04. The granting of the aforesaid approval shall constitute only an expression of opinion, whether by the Grantor of the Committee, that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and specifications and plat; and such approval shall not constitute any nature of waiver or estoppel either as to the persons expressing such approval or any other person in the event that such building and/or improvements are not constructed in accordance with such plans and specifications and plat. Further, no person exercising any prerogative of approval or disapproval shall incur any liability by reason of the good faith exercise thereof. Exercise of any such prerogative by one (1) or more members of the Committee in their capacity as such shall not constitute action by the Grantor after the election of such Committee members, notwithstanding that any such Committee member may be a director of the Grantor.

ARCHITECTURAL CONTROL. 6.01. No building or other improvement of any character shall be erected or placed, or the erection or placing thereof commenced, or changes made in the design thereof or any addition made thereto or exterior alteration made therein after original construction plans and approval (as hereinafter provided) of the construction plans and specifications and a plat showing the location of such building or other improvements. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument, quality of materials, harmony of the external design with existing and proposed structures and location with respect to topography and finished grade elevation. (a) The authority to grant or withhold architectural control approval as referred to above is vested in the Grantor; except, however, that such authority of the Grantor shall cease and terminate upon the election of the Tahitian Village Architectural Control Committee, in which event such authority shall be vested in and exercised by the Tahitian Village Architectural Control Committee (as provided in “(b)” below), hereinafter referred to, except as to plans and specifications and plats theretofore submitted to the Grantor which shall continue to exercise such authority over all such plans, specifications and plats. (b) At such time as 75% of the lots in the Subdivision and in all others sections of Tahitian Village (as platted, from time to time, hereafter) shall have been sold by the Grantor, the Grantor shall cause a statement of such circumstances to be placed of record in the Deed Records of Bastrop County Texas. Thereupon, the owners in Tahitian Village may by vote as hereinafter provided, elect a committee of five (5) members to be known as the Tahitian Village Architectural Control Committee (hereinafter referred to as the “Committee”). Each member of the Committee must be an owner of property in some section of Tahitian Village. Each lot owner shall be entitled to one (1) vote for each whole lot of building site composed of more than one (1) whole lot; such building site owner shall be entitled to one (1) vote for each whole lot contained within such building site. The Grantor shall be obligated to arrange for the holding of such election within sixty (60) days following the filing of the aforesaid statement by the Grantor in the Deed Records of Bastrop County, Texas, and give notice of the time and place of such election (which shall be in Bastrop County, Texas) not less than five (5) days prior to the holding thereof. Nothing herein shall be interpreted to require that the Grantor actually file any such statement so long as it has not subdivided and sold the entirety of the property, nor to affect the time at which the Grantor might take such action, if, in fact, the Grantor does take such action. The results of each such election shall promptly be determined on the basis of the majority of those owners then voting in such election. After the first such election shall have been held, thereafter the Committee shall be obligated to arrange for elections (in the manner and after notice as set forth above) for the removal and /or replacement of Committee members when so requested in writing by thirty (30) or more lot owners in the Subdivision. Members of the Committee may, at any time, be relieved of their position and substitute members therefore designated by vote as set forth above. Upon the death, resignation, refusal or inability of any member of the Committee to serve, the remaining members of the Committee shall fill the vacancy by appointment, pending an election as hereinabove ▇▇▇▇▇▇▇▇▇▇▇ provided for. 6.03. Approval or disapproval as to architectural control matters as set forth in the preceding provisions shall be in writing. In the event that the authority exercising the prerogative of approval or disapproval (whether the Grantor or the Committee) fails to approve or disapprove in writing any plans and specifications and plat submitted to it in thirty (30) days following such submission, such plans and specifications and plat shall be deemed approved and the construction of any such building and other improvements may be commenced and proceeded with in compliance with all such plans and specifications and plat and all of the other terms and provisions hereof. 6.04. The granting of the aforesaid approval shall constitute only an expression of opinion, whether by the Grantor of the Committee, that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and specifications and plat; and such approval shall not constitute any nature of waiver or estoppel either as to the persons expressing such approval or any other person in the event that such building and/or improvements are not constructed in accordance with such plans and specifications and plat. Further, no person exercising any prerogative of approval or disapproval shall incur any liability by reason of the good faith exercise thereof. Exercise of any such prerogative by one (1) or more members of the Committee in their capacity as such shall not constitute action by the Grantor after the election of such Committee members, notwithstanding that any such Committee member may be a director of the Grantor.