All Property at any time subject to this Declaration shall be governed and controlled by this Article.
VII. A. Design Review Board. The Design Review Board shall be a board consisting of three (3) persons. Until the last Lot in Burton Crossing is transferred to an entity other than the Developer, Developer shall have the sole and exclusive right to appoint and remove any and all three members of the Design Review Board at will, unless Developer relinquishes its rights and responsibility for same in writing to the Association. After such time as the Developer relinquishes its responsibility as the Design Review Board, the Board of Directors shall have the right to appoint all three members to the Design Review Board at will. The Design Review Board shall have the exclusive authority, by action of two or more of the members thereof, at a private or public meeting to determine the architectural standards which shall govern the construction of Improvements on the Property. The Committee shall regulate the external design, appearance, use, location and maintenance of lands and improvements thereon, in such a manner as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. Each Owner covenants and agrees by acceptance of a dead to a Lot, to comply with, and to cause his/her Lot and any occupant thereof to comply with the zoning laws and the Zoning Commitments, and the guidelines and standards promulgated by the Design Review Board. No Improvement shall be placed, erected or installed on the Property, no construction (which term shall include in its definition staking, clearing, excavation, grading and other site work) and no fences or removal of decorative fencing, shall be permitted until and unless the Owner first obtains the written approval thereof of the Design Review Board and otherwise complies with the provisions of this Declaration.
VII. B. Original Construction and Modifications. Except as otherwise provided in this Declaration, the Design Review Board shall have jurisdiction over all construction, modifications, additions or alterations of improvements on or to the Property. No person shall construct any Improvement on any Lot, without the prior written consent of the Design Review Board. Owners shall submit plans and specifications in the manner and form prescribed from time to time by the design Review Board, showing the nature, kind, shape, color, size, materials and location of Improvements to the Design Review Board for its approvals Nothing contained herein shall be constructed to limit the right of an Owner to re-model or decorate the interior of his/her residence.
VII. C. Variances. To avoid unnecessary hardship and to overcome practical difficulties in the application of the provisions of this Declaration, the Design Review Board shall have the authority to grant reasonable variances from the provisions of Article VIII, provided further that, in their judgment, the variance is in the best interest of the community and is within the spirit of the standards of the Design Review Board. No variance granted pursuant to this Section shall constitute a waiver of any provision of this Declaration as applied to any other person or any other part of the Property.
VII D. Duties of Design Review Board. The Design Review Boards shall endeavor to approve or disapprove, in writing, proposed improvements within thirty (30) days after all required information shall have been submitted to it. Failure of the Design Review Board to issue a decision, in writing, with thirty (30) days shall constitute approval.
VII E. Liability of Design Review Board. Neither the Design Review Board nor any agent thereof, nor the Developer, all be responsible in any way for any defects in any plans, specification or other materials submitted to it, no for any defects in any work done according thereto. Further, the Design Review Board does not make any representation or warranty as to the suitablity or advisability of the design, the engineering, the method of construction involved, or the materials to be used.
VII F. Inspection. The Committee may inspect work being performed with its permission to assure compliance with the Restrictions, the submitted plans and applicable regulations.