Article 7 - Architectural Control
The Board of Directors and the Declarant shall have the authority and standing, on behalf of the Association to enforce in courts of competent jurisdiction decisions of the Committee established in Section 1. of this Article. This Article may not be amended without the Declarant's written consent so long as the Declarant owns any property within Eagle Landing. No construction which terms shall include within its definition staking, clearing, excavation, grading and other·site work, and no plantings or removal of plants, trees, or shrubs shall take place except in strict compliance with this Article until the requirements thereof have been fully met and until the approval of the Eagle Landing Architectural Board has been obtained.
Section 1. Eagle Landing Architectural Board. The Eagle Landing Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property within Eagle Landing. It shall prepare and, on behalf of the Board of Directors, shall promulgate design and development guidelines and application and review procedures, all as part of the Eagle Landing Design and Environmental Standards ("Eagle Landing Standards"). The Eagle Landing Standards shall incorporate all restrictions and guidelines relating to development and construction contained in this Declaration as well as restrictions and guidelines with respect to location of structures upon property, size of structures, driveway and parking requirements, foundations and length of structures, and landscaping requirements. Copies shall be available from the Eagle Landing Architectural Board for review. The guidelines and procedures shall be those of the Association, and the Eagle Landing Architectural Board shall have sole and full authority to prepare and to amend the Eagle Landing Standards. The Eagle Landing Architectural Board shall make the Eagle Landing Standards available to Owners, builders, and developers who seek to engage in development of or construction upon property within their operations strictly in accordance therewith. The Eagle Landing Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as fifty percent (50%) of all property within Eagle Landing has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors of the Assodation shall have the right to appoint a maximum of two (2) additional members. At no time shall the Eagle Landing Architectural Board have fewer than three (3) members nor more than five (5) members. At such time as one hundred percent (100%) of all property within Eagle Landing has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Eagle Landing Architectural Board. The Declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Eagle Landing Architectural Board. At all times, at least one (1) member of the Eagle Landing Architectural Board shall be a member of the Association, and at least one (1) member shall be an architect licensed to practice in the State of Virginia, who shall also be the Chairperson.
Section 2. Meetings and Decisions of the Board. The Eagle Landing Architectural Board shall establish times, dates, and frequency of meetings except that the Board shall meet at least once each 30 days. A quorum of a simple majority of the members shall be required to review and take action on applications for approval. The Board shall appoint a secretary who will prepare minutes of each Board meeting including all decisions of the Board. If the Eagle Landing Architectural Board fails to approve or deny an application within three weeks of receipt of the application by the Board, the party making the submission for approval shall deliver written notice to the Eagle Landing Architectural Board of its failure to act and, if approval is not granted or denied within fifteen (15) days thereafter, the plans and specifications shall be deemed to be approved.
Section 3. No Waiver of Future Approvals. The approval of the Eagle Landing Architectural Board of any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval arid consent of such committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter subsequently or additionally submitted for approval or consent.
Section 4. Variance. The Eagle Landing Architectural Board may authorize variances from compliance with any of the provisions of the Eagle Landing Standards when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations requite, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (c) prevent the committee from denying a variance in other circumstances. For purposes of the Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting variance.
Section 5. Review and Control by Eagle Landing Architectural Board. No building, fence, garage, swimming pool or other structure shall be erected, placed, or altered nor shall a building permit for such improvement be applied for on any unimproved property in Eagle Landing until three (3) complete sets of professionally drawn and prepared building plans and elevations, specifications, and site plans showing the proposed location of such building, drives, and parking areas) have been reviewed and approved in writing by the Eagle Landing Architectural Board. In reviewing such materials, the Eagle Landing Architectural Board snail consider such things as aesthetic appearance, harmony with surrounding improvements, compliance with this Declaration, and any additional criteria adopted by the Eagle Landing Architectural Board as part of the Eagle Landing Standards. Approval or disapproval of plans, locations, or specifications may be based by the Eagle Landing Architectural Board upon any ground incorporated within the Eagle Landing Standards, including purely aesthetic considerations, which in the sole and uncontrolled .discretion of the Eagle Landing Architectural Board shall be sufficient, but subject to review on appeal by the Board of Directors of the Association, as hereinafter set forth. No painting, staining, changes in color, finish materials, or alteration to the exterior facade of any structure shall be undertaken until approval has been obtained in writing from Eagle Landing Architectural Board. This provision shall not apply to repainting the same color.
No completed structure shall be deemed to be in compliance with these Covenants unless and until a Certificate of Compliance has been issued by the Eagle Landing Architectural Board.
Section 6. Application Fees. The Board of Directors of the Association shall have the right to set and charge a fee for applications for new home construction, home improvement alterations, additions, and construction of accessory structures, garages, swimming pools or fences to defray architectural review costs. Applications for new home construction are excluded from this provision.
Section 7. Entry on a Property. The Eagle Landing Architectural Board or any of its representatives shall have the right to enter any Improved Lot or unimproved Lot within Eagle Landing for the sole purpose of determining compliance with these covenants and the Eagle Landing Standards and with decisions of the Eagle Landing Architectural Board, pending or completed, which affect that property. Entering a property for this purpose shall not be deemed a trespass.
Section 8. Appeal. Any person aggrieved by a decision, action or determination of the Eagle Landing Architectural Board which is based on an application submitted by such person may appeal to the Board of Directors of the Association within ten (10) days following such decision, action or finding. Appeals shall be instituted and prosecuted in accordance with procedures, rules and regulations governing such appeals as may be prescribed from time to time by the Board of Directors of the Association. The action of the Board of Directors of the Association shall be final.