Architectural Committee
Section II.A. Rushbrooke South, Rushbrooke North 1-6 and Rushbrook North 7-8
  1. Plan review.  No building, structure of any kind, fence, wall, paving, swimming pool, exterior lighting, exterior antenna or free standing mailbox shall be erected, placed or altered (including exterior painting and roofing material) on any lot until the plans and specifications have been approved in writing by the developer or its authorized representatives or successors, which are hereinafter referred to as the “Architectural Committee”.  For each building, the required plans and specifications shall be submitted in duplicate and include a site plan, floor plan, exterior elevations, drainage and grading plans, exterior materials and color scheme. In the event the Architectural Committee fails to approve or disapprove plans and specifications submitted to it as herein required within twenty (20) days after submission, the plans so submitted shall be deemed approved. The development and use of the lot shall thereafter be in substantial compliance with the approved plans or approved amendments thereto. In the event no suit to enjoin the erection of the building, structure or other improvement as above set forth or the making of an alteration thereof has been commenced prior to the 60th day following completion thereof, approval of the Architectural Committee shall not be required and this covenant shall be deemed to have been fully complied with.
  2. Committee purpose.  The Architectural Committee’s purpose is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized, the Architectural Committee, shall approve or disapprove in its sole discretion and may take into consideration, but without limitation, the nature and character of the proposed building or structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected and the harmony thereof with the surrounding area. The Architectural Committee shall not be liable for any approval, disapproval or failure to approve hereunder, and its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading or drainage or code violations. The approval or failure to approve building plans shall not be deemed a waiver of any restriction. Nothing herein contained shall be deemed to prevent any lot owner in the subdivision from prosecuting any legal action relating to improvements within the subdivision which they would otherwise be entitled to prosecute.
  3. Transfer of duties.  The powers and duties of the Architectural Committee shall, upon construction of a dwelling within each of the lots, be deemed transferred to the Homeowners' Association (to be established as set forth within Section III hereof), or upon written assignment to the Association by the developer, whichever event first occurs, and thereafter the foregoing powers and duties shall be exercised by the Board of Directors of the Association.
NOTE: Per item 1 above, his covenant covers structures of any kind, as well as other items noted and allows the Board twenty (20) days for review and approval, request for revisions, or denial of any proposal. Please plan accordingly.