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committee appointed by it. Notwithstanding the foregoing, Declarant's written consent <br /> shall also be required for alterations until Declarant no longer owns any unsold Unit. <br /> b. The criteria for approval shall include and require,at a minimum (i)substantial <br /> uniformity of color,size, location,type and design in relation to existing improvements <br /> and topography(ii) comparable or better quality or materials as used in existing <br /> improvements,(iii)ease of maintenance and repair, (iv)adequate protection of the <br /> Property,the Association,Owners and Occupants from liability and liens arising out of <br /> the proposed alterations,and(v)compliance with governmental laws,codes and <br /> regulations. <br /> c. No alterations of the Property shall encroach upon an exisfing Unit. <br /> d. Approval of alterafions which encroach upon the Common or Limited Elements shall <br /> create an appurtenant easement for such encroachment in favor of the Unit with <br /> respect to which the alterations are approved; provided,that any easement for a deck or <br /> patio other than as originally constructed shall require approval by resolution of the <br /> Board of Directors and a file of such resolufions shall be maintained permanently as a <br /> part of the Association's records. <br /> e. Alterafions described in Section 16 shall be governed by that Section. <br /> 2. Review Procedures. The following procedures shall govern requests for alterations under <br /> this Section: <br /> a. Detailed plans,specifications,and related information for any proposed alteration,in <br /> form and content acceptable to the Board of Directors,shall be submitted to the Board <br /> of Directors at least sixty(60) days prior to the projected commencement of <br /> construction. No alterations shall be commenced prior to written approval. <br /> b. The Board of Directors shall give the Owner written nofice of approval or disapproval. If <br /> the Board of Directors fails to approve or disapprove within sixty(60) days after receipt <br /> of said plans and specifications and all other informafion requested by the Board of <br /> Directors,then approval will not be required,and this Section shall be deemed to have <br /> been fully complied with so long as the alterafions are done in accordance with the <br /> plans,specifications and related information which were submitted and in conformity <br /> with the Act,the Declaration,and all governmental law,ordinance,and regulations. <br /> c. If no request for approval is submitted,approval is denied,unless(i)the alterations are <br /> reasonably visible and (ii) no written notice of the violation has been given to the Owner <br /> in whose Unit the alterations are made, by the Association or another Owner,within <br /> twelve months following the date of commencement of the alterafions. Notice may be <br /> direct written notice or the commencement of legal action by or on behalf of the <br /> 15 <br />