By our submission of this form I/we understand that our modification must conform to the Association’s requirements (including and not limited to the Declaration of Covenants, Conditions and Restrictions, Architectural Guidelines and any Rules).
I/we understand that all lots in the subdivision have certain easements for utilities, drainage, or other purposes that may adjoin or may be present on my/our property and that building set-back lines may apply. I/we understand that certain permits may be necessary for certain modifications and that getting a permit alone without Architectural Review Board (ARB) approval is not allowed under the Covenants. I/we understand that I/we should not build on or modify my/our lot in such a way as to encroach easements, set-back lines, or another’s property, no matter how slight. I/we agree that ARB approval of my/our modification does not mean the ARB approves any encroachments or violations and that the Association and the ARB shall have no liability or financial responsibility for same. I/we understand and agree that my/our modification, even if approved by the ARB, may become a title defect or cloud on title because of reasons stated above and may prevent the issuance of title insurance which in turn may prevent the subsequent sale or refinance of the property and that I/we are wholly financially responsible and liable for such title defect or cloud on title. I/we agree that I/we are liable and financially responsible for any damages and cost incurred if in the course of my/our modification I/we strike utility lines and understand that such costs may be substantial.
I/we agree that if the request for modification has been revised whether before or during construction, that a new Request for Modification must be completed by me/us and approval of the ARB will again be necessary. I/we agree that if we do not receive written approval of the majority of the ARB members at the time of initial or subsequent application, I/we run the risk of violation of the Covenants and that if legal action is necessary for compliance, I/we will be completely responsible not only for my/our attorney’s fees but also the attorney’s fees of the Association if the Association is the prevailing party. I/we understand ARB approval does not prevent adjoining neighbors or any other members of the Association from objection and potential subsequent legal action. I/we agree that failure of the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Therefore, by submission of this form and upon written approval of the majority of members of the ARB of my/our request for this modification, I/we will assume all liability for any damage suffered or incurred as a result of this modification. I/we also agree to obtain any permits that may be required by any and all local municipal, county, or state governments for this modification. I/we also agree to an inspection by the ARB, if the ARB deems necessary, before, during or after modification to insure compliance with the covenants and restrictions. Furthermore, I/we agree that financially supporting the Association is important and that the ARB, may, in its discretion, not approve any application for modifications until all past due assessments, fines, liens, and other charges have been paid.
All modification requests (requests that are not for the construction of the primary residence) must be completed within three (3) months from the date of the Association’s approval, unless an extension is expressly granted by the ARB.