The Association formation documents including the Declaration of Covenants, Conditions & Restrictions ("CC&Rs") of Pinnacle Marina Tower Association, the ByLaws of Pinnacle Marina Tower Association ("By-Laws") and Articles of Incorporation ("Articles") of Pinnacle Marina Tower Association establish and define certain guidelines not covered in this document and vice versa. Together, these documents should be well considered and heeded by the owners and occupants and tenants of Pinnacle. The Board of Directors may review the Architectural Guidelines contained within this Project Handbook from time to time and make appropriate revisions. As set forth in the Governing Documents, the Architectural Committee is vested with the power to review, approve, approve conditionally, or disapprove all improvements to Residential Condominiums for Pinnacle. Such improvements include, without limitation, additions, modifications and alterations to Units, signs, screens, awnings and patio covers, window treatments, and any other modifications to the exterior of a Unit or other improvements or alterations to your home or property. The Architectural Committee does not seek to restrict individual creativity or personal preference, but rather to help assure continuity in design, which will help preserve and improve the appearance of the Project and enhance the property values of all Owners in the Project. The Architectural Committee shall consist of three (3) members plus one (1) alternate. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in the performance of their duties hereunder, unless the Association retains a professional architect, engineer or designer as a member of the Architectural Committee for the purpose of providing professional services, in which event reasonable compensation for such member may be approved by the Board. Upon prior notification of the unit owner, the Architectural Committee shall have the right to hire any engineer or other consultant, the opinion of which the Architectural Committee deems necessary in connection with its review of any plans submitted by any Owner and such Owner shall be liable for payment of such engineer's and/or consultant's fee. Prior to the commencement of any addition, alteration or construction work of any type on any Residential Unit at Pinnacle Marina Tower, you must first make application to the Architectural Committee for approval of such work. Failure to obtain approval of the Architectural Committee may constitute a violation of the Governing Documents affecting your home, and may require modification or removal of unauthorized works of improvement at your expense. In addition, a building or other permit may be required by the City Building Department, or other governmental agencies, prior to the commencement of any work. Neither the Architectural Committee, nor the Association assumes any responsibility for failure to obtain such permits. Also, obtaining such permits does not waive the obligation to obtain Architectural Committee approval. You must also be familiar with specific easements that may apply to your Property and restrict placement of improvements.
Neither the Board, Architectural Committee nor any member thereof shall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (c) the Project of any property within the Project; or (d) the execution and filing of an estoppel certificate pursuant to Section 9.16 of the CC&Rs, whether or not the facts therein are correctly provided, however, that such Architectural Committee member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of the foregoing, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee. Building plans cannot be removed from the building management office but may be reviewed. Copies may be available from the Association. You need to contact the management office. All Architectural forms are available from your Facility Director and/or Property Manager. Submission Procedure and Requirements
Failure to Comply With Required Procedures Failure to comply with the requirement and procedures set forth herein shall cause your request to be delayed pending submission of other information and documentation to the Architectural Committee. An incomplete Application will not be reviewed and will be subject to resubmission. The Architectural Committee shall review, approve, conditionally approve, or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of the considerations set forth in the CC&Rs. The Architectural Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes. Final Approval by Architectural Committee Decisions of the Architectural Committee and the reasons therefore shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval, within thirty (30) days after receipt by the Architectural Committee of all forms and/or materials required by the Architectural Committee. If the Architectural Committee conditionally approves or disapproves any Plans and Specifications submitted by an Owner pursuant to this Article, the party or parties making such submission may appeal in writing to the Board. The Board must receive the written request not more than thirty (30) days following the final decision of the Architectural Committee. Within forty-five (45) days following receipt of the written request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within the forty-five (45) day period shall be deemed a decision against the applicant. The decision of the Board shall be binding and final. Failure to obtain the necessary approval from the Architectural Committee, or failure to complete the improvements in conformity with the plans and specifications approved by the Architectural Committee, may constitute a violation of the Governing Documents and may require modifications or removal of any work of improvement at the owner's expense. Upon final approval of any Plans and Specifications, the Owners shall promptly commence construction and diligently pursue the same to completion. The Architectural Committee or its duly authorized representative may enter into any Unit, from time to time, during the course of construction or installation of any Improvements for inspecting such construction and/or installation. If the Architectural Committee determines that such construction and/or installation is not being done in substantial compliance with the approved Plans and Specifications, it shall notify the owner of the subject Unit of such non-compliance. The Architectural Committee may not enter into a Unit without obtaining the prior permission of the Owner or occupant of such Unit; provided, however, that such permission shall not be unreasonably withheld and shall be given for entry by the Architectural Committee during the daylight hours within forty-eight (48) hours of the request for entry. Upon the completion of any construction or reconstruction or the alteration or refinishing of any improvements, or upon the completion of any other work for which approved Plans and Specifications are required under this Article, the Owner shall give written Notice of Completion (Exhibit D) thereof to the Architectural Committee. Within thirty (30) days thereafter the Architectural Committee, or its duly authorized representative, shall have the right to enter into Unit to inspect such Improvement to determine whether it was constructed, reconstructed, altered or refinished to substantial compliance with the approved Plans and Specifications. If the Architectural Committee finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved Plans and Specifications, it shall notify the Owner in writing of such non-compliance within such thirty (30) day period, specifying particulars of non-compliance, and shall require the Owner to remedy such noncompliance. If, upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such non-compliance, the Architectural Committee shall notify the Board in Writing of such failure. After affording such Owner Notice and Hearing, the Board shall determine whether there is a non-compliance, and if so, the nature thereof and the estimated cost of correcting or removing the same. If noncompliance exists, the Board shall require the Owner to remedy or remove the same within a period of thirty (30) days from the date of the Board ruling. If the Owner does not comply with the Board ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either remove the non-complying Improvement or remedy the non-compliance and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. If the Owner does not promptly repay such expenses to the Association, the Board shall levy an Enforcement Assessment against such Owner for reimbursement.
If for any reason the Architectural Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of said notice of completion from the Owner, the Improvement shall be deemed to be in accordance with said approved Plans and Specifications. Within thirty (30) days after written demand is delivered to the Architectural Committee by an Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Association), the Architectural Committee shall record an estoppel certificate, executed by any two (2) of its members, certifying (with respect to any Unit of said Owner) that as of the date thereof, either: (a) all Improvements made and other work completed by said Owner comply with this Declaration, or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the noncomplying improvements or work and set forth with particularity the basis of such noncompliance. Any purchaser from the Owner, or from anyone deriving any interest in said Unit through him, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Association and all Owners and such persons deriving any interest through them. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Declaration. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in the CC&Rs shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Unit and the particular provision hereof covered by the variance, nor shall it affect in anyway the Owner's obligation to comply with all governmental laws and regulations affecting its use of the Unit, including, but not limited to, zoning ordinances or other requirements imposed by the City or any other governmental authority. Combining Units I Structural Alterations The Association shall have the right to grant to an Owner who acquires fee title to two (2) or more adjacent Residential Units, an Exclusive Use Easement on and through any demising wall(s) or floors separating two (2) or more Residential Units and the right to alter, modify or remove such demising walls or floors subject to conformance with the requirements of the Architectural Committee, pursuant to the provisions of the Section of Article 9 entitled "Scope of Architectural Review". Fire Monitoring System I Sprinkler System If the unit's fire monitoring system is disconnected for any reason (shut-off of sprinkler system is included) you must post a 24-hour/day-fire watch. This must be a security employee of the building, and you must pay expenses (including overtime) when using the employee. Contact building management for current rates. Inside and Outside Installations
Each Owner shall have the right, at his or her sole cost and expense, to maintain, repair, paint, paper, panel, plant, tile and finish the interior of the ceilings, floors, window frames, trim and perimeter walls of the Unit, and the surfaces of the bearing walls and partitions located within the Unit subject to the Owner complying with any restrictions or limitations set forth in the Architectural Guidelines and, if such work will result in a penetration of the unfinished surfaces of the ceilings, walls or floors, obtaining the consent of the Architectural Committee.
No signs or other advertising device whatsoever, including without limitation, commercial, political and similar signs, shall be erected or maintained within the Project except:
Any exterior electrical, gas or other artificial lighting installed on any Unit shall be positioned, screened, or otherwise directed or situated and or such controlled focus and intensity so as not to unreasonably disturb the residents of any other Unit(s). The Board or Architectural Committee may promulgate further rules regarding exterior lighting.
No Owner shall attach to the walls or ceilings of any Residential Unit any fixtures or equipment which will cause vibrations or noise or unreasonable annoyance to the Owners of the other Residential Units or to the Common Area. Hot tubs are prohibited.
Damage or Destruction to a Residential Unit If there is damage to any Residential Unit, the Owner thereof shall, at their own cost and expense, perform interior repair and restoration which shall be completed as promptly as practical and in a lawful and workmanlike manner. To the extent required under Article 9 and the Architectural Guidelines, work must be performed in accordance with plans approved by the Architectural Committee. Contractor I Subcontractor Guidelines
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