04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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(g) The Architectural Control Committee shall retain all plans and specifications submitted to it, and a record of all actions taken with regard to the same. (h) In the event that the Architectural Control Committee, and/or Members of the Committee shall fail to discharge their respective obligations under this Declaration, then any Owner of a Lot may bring an action to compel the discharge of said obligations. Such an action shall be the remedy (other than duly reconstituting the Architectural Control Committee's membership pursuant to meeting of Lot Owners) of any Owner of a Lot for failure of the Committee, and/or the Members of the Committee shall not be liable to any person for damages(direct, consequential or otherwise). (i) The Architectural Control Committee shall be entitled to grant reasonable variances with respect to the covenants, conditions, restrictions, and easements set forth herein in order to overcome practical difficulties or to prevent unnecessary hardships,A variance may only be granted if it is not detrimental to the other Lot Owners and if it do, tiot defeat the purpose of these provisions. In no event, however, shall a variance be granted *respect to restrictions set forth in paragraph(k)below. (j) The. Architectural Control Commi shall initially ansist of the authorized representatives of Wilderness Resort Villas, LLC. thstpiling anything contained in Section 1, Article VIII, above to the contrary, the above-named Muting the initial Architectural Control pp Committee, shall remain the Architectural gntrol Committee until December 31, 2009 or until Declarant no longer is the record fee title owl `° y Lot'*ttbin the Subdivision. Notwithstanding any provision hereof to the contrary, all Ova ;- shale deemed to have notice of said Architectural Control Committee M a <sadate (and thereafter pursuant to notices as set forth in Section 1, Article VIII aborvo ` DL AND USE RESTRICTIONS Section 1. Use. Units fall be utilized as rental units. Unit Owners must rent their units through the designated mental agen �_. med by the Association. Rental agreements shall be subject to all the terms, covenaid$.and traditions of this Declaration or the Articles and Bylaws of the Association and the rules a�lations of the Association. No trade or business of any kind shall be carried on within a Unit or upon a Lot, nor shall any Lot or any part thereof be leased or sublet for business purposes; provided, however, that the following activities shall not be considered to be in violation of these restrictions: (a) The maintenance of a business and sales office and models by the Declarant during the construction and sale period. (b) The maintenance of a rental office by the Association or its designated manager for the purposes of rental and management of the Properties. Section 2. Nuisances. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 19