Section 5.1      Architectural control shall be controlled by the Board which will consist of the duly and regularly elected members of the Board as it is constituted, from time to time. A majority of the board may approve plans and specifications for development within the area controlled by these Covenants, Conditions and Restrictions.

            Section 5.2      In addition to the duties imposed by the Articles of Incorporation, the By-Laws or these Covenants, Conditions and Restrictions, the Board shall review and approve of development within the Association as follows:

(A)  No improvement, alteration or structure of any kind shall be erected, constructed, placed or moved upon, or maintained on a residence lot, or a portion thereof, nor shall any alteration, addition, change or repair be made to the exterior of a structure or to the outside area of a residence lot, unless, prior to the commencement of such activity, the owner has received Board approval.

(B)  Prior to Board approval, the owner shall apply to the board for such approval, including in said application two (2) complete sets of plans and specifications for the proposed development, which shall include the front, side and rear elevations; a floor plan for each floor and basement; a color scheme and texture of the improvement, and a detailed plot plan, which shall indicate and fix the exact location of the structure or alteration thereof, and the outside area. Said plot plan shall detail adequate snow removal and snow storage areas to the Board's satisfaction; said plot plan shall indicate and fix the exact location of two additional parking space per residence unit; said parking space shall be newly constructed. Existing spaces may not be credited to the newly constructed parking space requirement of this section.

(C)  All applications shall be accompanied by written proof from the State, County and Association that all taxes and assessments and dues have been paid by the owner. Further, all applications shall indicate that the relevant Federal, State and County Building Codes and Ordinances have been met, with proof of satisfaction of said requirements being supplied to the Board's satisfaction.

Section 5.3      Board approval may be withheld:

(A)  because of the noncompliance with any of the specific conditions and restrictions contained in this Declaration of Covenants, Conditions and Restrictions;

(B)  because of the reasonable disapproval of the Board of the location of the structure of the building site, or with the appearance of the proposed structure, or with the lot grading plan, considering the character of the area in which it is proposed to be erected, the materials of which it is to be built, the harmony thereof with the surroundings and/or the effect of the buildings or other structures as planned on the outlook from the adjacent or neighboring property or properties.

(C)  Approval or disapproval by the Board of any plan or specification submitted for approval shall not cause a Board member or the Association to be liable to any person for any action taken by the Board, so long as the Board member acted in the best interest of the Association and with such care, including reasonable inquiry, as ordinarily prudent persons in similar circumstances would exercise. The owner shall hold the Board members free and clear from any and all claims, of whatsoever nature, for any action taken in the capacity as members of the Board on behalf of the Association and in conformance with this section.

(E)  Any judgement, order, settlement, conviction or plea of Nolo Contendere, or its equivalent, shall not, of itself, create a presumption that the Board or any member thereof, or the Association, did not act in good faith or in a manner in which he or they reasonably believed to be in the best interests of the Association, nor that he or they had reasonable cause to believe that his or their conduct was unlawful.

(F)   The Board shall act with all due promptness in approving or disapproving plans within thirty (30) days from submission, or said plans shall be deemed approved.