of landscaping) shall take place within the Properties, except pursuant to approval in compliance with this Article and the Design Guidelines. No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of his or her Dwelling Unit without approval. However, modifications to the interior of screened porches, patios, and similar portions of a Dwelling Unit visible from outside the structure shall be subject to approval. All Dwelling Units shall be designed by and built in accordance with the plans and specifications of a licensed architect or similarly licensed building designer unless otherwise approved by Declarant or its designee in its sole discretion. This Article shall not apply to the activities of Declarant for so long as Declarant owns any properly described in Exhibits "A" or "B," the Association during the Class "B" Control Period, or the Council. 4.2
Design Review. a. By Declarant; New Construction. Declarant shall have exclusive authority to
administer and enforce architectural controls and to review and act upon all applications for original construction within the Properties. This right shall continue until 100% of the Lots planned for development under the Master Plans have been conveyed to Class "A" Members and contain a Dwelling Unit for which a certification of occupancy has been issued, unless earlier terminated in a written instrument executed and Recorded by Declarant. In reviewing and acting upon any request for approval, Declarant or its designee acts solely in Declarant's interest and shall owe no duty to any other Person. Declarant may, in its sole discretion, designate one or more Persons from time to time to act on its behalf in reviewing applications hereunder. Declarant may from time to time, but shall not be obligated to, delegate or assign all or a portion of its reserved rights under this Article to any other Person or committee, including the Lifestyle Enhancement Committee. Any such delegation shall be in writing, specifying the scope of responsibilities, delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated; and (ii) Declarant's right to veto any decision which Declarant determines, in its sale discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of other entities shall be limited to such matters as Declarant specifically delegates.
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