09-28-2005 Council Agenda - Laserfiche WebLink

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in The Preserve; (c) failure of a dwelling or landscaping to be placed and oriented on its Lot in a manner compatible to the dwellings built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; or (d) failure of the plans and specifications to show all information necessary to evaluate the foregoing characteristics. The Committee's determinations concerning the plans and specifications shall be conclusive. If the Committee disapproves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. If construction or an Improvement is commenced without approval by the Committee of the builder or the plans and specifications, or if construction of an Improvement is completed not in accordance with the approved plans and specifications, Declarant, or the Owner of any Lot in The Preserve, may bring an action to enjoin further construction and to compel the Owner to discontinue use of the builder or to conform the Improvement to the plans and specifications approved by the Committee, as the case may be, provided that such action shall be commenced and a Notice of Lis Pendens shall be filed no later than ninety (90) days after the date on which the Certificate of Occupancy is issued by the appropriate municipal authority. If the nonapproved and /or nonconforming Improvement is made upon a Lot for which a Certificate of Occupancy had been previously issued, the action shall be commenced and a Notice of Lis Pendens shall be filed within ninety (90) days after the Plaintiff in the action discovers or learns of the Improvement. The Committee shall retain all plans and specifications submitted to it, and a record of all actions taken with regard to them. In the event that Declarant, the 13 - 1 3 -