The purpose of the review of plans and specifications by the Architectural Review Board is to protect and enhance the aesthetic and monetary values of Terre Sainte and each Owner’s Lot and to maximize compliance with the Declaration, the Architectural Guidelines and the Landscape Guidelines, for the benefit of all Owners. In performing its functions, the Architectural Review Board does not warrant, guarantee, recommend, approve, certify or endorse any particular architectural, engineering or structural design, or any plan, specification, material, construction method or practice, as to its safety, freedom of defects, durability, fitness or suitability for intended use, strength or other characteristics.
Neither the approval by the Architectural Review Board of any plans or specifications for any Work nor any review, inspection or observation of such Work shall in any manner constitute a warranty, representation or the undertaking of any duty or obligation on the part of the Architectural Review Board, the Association Board, or Association, Declarant, or their respective members, agents, employees, partners, and representatives, to any person, that any method, practice, design, material or structure, contained, shown or specified in any plans or specifications approved by the Architectural Review Board, or reviewed, inspected or observed by the Architectural Review Board or its members, (a) is safe or proper or sound or free from defects or vices or is invested with any quality or characteristic whatsoever, (b) complies with the requirements of this Declaration, the Architectural Guidelines or the Landscape Guidelines, (c) complies with the requirements of any contract, agreement or instrument, (d) complies with the requirements of any law, ordinance or regulation applicable to Owner’s Lot and/or the Work which Owner proposes to have performed on the Lot, or (e) does not create an encroachment on a Utility Servitude for which permission must be obtained from those utilities using the Utility Servitude.
Each person who submits plans and specifications to the Architectural Review Board for particular Work, each Owner who performs or contracts for the performance of such Work on any Lot pursuant to such plans and specifications, and each architect, engineer, contractor, sub-contractor, supplier, material man or other person who participates or engages in any Work on any Lot pursuant to such plans and specifications, hereby fully releases and discharges the Architectural Review Board, and its members, the Association Board and their members, the Association, Declarant, and their partners, their employees, agents and representatives, from all claims, demands, causes of action, suits, liabilities, damages, costs and fees arising out of any act, or fault by any person, or any defect, vice, hazard or failure, in any material, Lot or Improvement, relating in any way to such Work.
The Architectural Review Board shall have the power and authority to reject any plans or specifications for any Work that in the sole opinion of the Architectural Review Board does not meet the requirements of this Declaration, the Architectural Guidelines, and/or the Landscape Guidelines, and any Owner whose plans or specifications have been so rejected does hereby fully release and discharge the Architectural Review Board and its members, the Association Board and their members, the Association, Declarant, and their officers, directors, employees, agents and representatives, from all claims, demands, causes of action, suits, liabilities, damages, costs and fees arising out of such rejection of plans or specifications, the opinion of the Architectural Review Board being final and binding and not subject to any claim or challenge whatsoever. Should any Owner nevertheless make any claim or challenge to the rejection by the Architectural Review Board of any plans or specifications, such Owner agrees to pay the actual attorney’s fees, costs and expenses incurred by the Architectural Review Board in defending or responding to such claim or challenge.
The ARB does not assume responsibility for the following:
- The structural adequacy, capacity or safety features of the proposed improvement or structure.
- Soil erosion, soil conditions, or site/drainage elevations.
- Compliance with any or all building codes, safety requirements, governmental laws, regulations or ordinances.
- Performance or quality of work of any contractor.