09-28-2005 Council Agenda - Laserfiche WebLink

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Committee, and /or the members of the Committee shall fail to discharge their respective obligations under this Article VI of this Declaration, then any Owner of the Lot in The Preserve may bring an action to compel the discharge of said obligations. Such an action shall be the exclusive remedy of any Owner of a Lot in The Preserve for failure of the Declarant, the Committee, and /or the members of the Committee, and all Owners of any Lot hereby release Declarant, the Committee and members of the Committee from any liability of any nature whatsoever, whether direct, consequential, or otherwise arising out of, or in connection with Declarant or the Committee's duties hereunder, whether by negligence or failure to perform such duties or for any other reason. The Committee shall have the right to order an Owner of any Lot to remove or alter any Improvement erected in violation of the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or demolition of any nonconforming Improvement, construction or other violation. Any cost incurred by the Committee in enforcing this section shall be levied as an assessment against said Lot and paid in accordance with Article IV hereof. Reasonable variances to the covenants, conditions and restrictions may be granted by the Committee after review in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may only be granted if it is not detrimental to other property and shall not defeat the purpose of this Declaration. ARTICLE VII. STRUCTURE LOCATION The Architectural Control Committee may require a structure to be located farther from the side lot lines and /or front lot line than the minimum building setback requirements of the City and /or the County. Any application for a variance therefrom 14 - 1 4 -