By-Laws of Grand Harbor Architectural Control Committee

  1. 1. The members of the Grand Harbor Architectural Control Committee (ACC) agree to abide by the following terms, conditions and the covenants set forth by the Declaration of Covenants, Conditions and Restrictions of Grand Harbor, Sections 1, 2 and 3.
  2. 2. The ACC shall remain separate and independent from the Grand Harbor Property Owners Association Board (Board), ensuring no conflict of interest or balance of power that may favor one group over the other. The ACC and the Board shall meet periodically, and both shall be governed and guided exclusively by the Grand Harbor covenants.
  3. 3. The ACC is responsible for property owners’ compliance with the covenants prior to construction and during the construction process, including the construction of residential additions, out building, structures and other permanent installations after the house has been constructed and occupied. Such oversight ensures that timely completion, safety, appearance, site placement and cleanliness standards are maintained in accordance with the covenants.
  4. 4. The ACC will meet, review and vote on all items submitted in written form to the ACC in a timely manner. Building plans, construction applications and all items submitted to the ACC per the requirements set forth by the Covenants, Conditions and Restrictions of Grand Harbor, Sections 1, 2 and 3 will require a decision by the ACC within a 60 day period. Any issue not voted on by the ACC within the 60 day time period will be considered as accepted and approved by the ACC. All items submitted to the ACC must be in written form. Verbal requests by property (lot) owners will not be accepted for review and/or voted on by the ACC.
  5. 5. Altering by granting a variance from the requirements of the Grand Harbor covenants, restrictions, etc. will require the unanimous approval of all members of the ACC. No two members of ACC may grant a variance.
  6. 6. All approvals of new construction issues presented to the ACC must have at least two ACC members approving, except for approval of variances, which requires three members for approval. If less than the number of votes required for approval is taken, the item in question does not pass. Any condition presented to the ACC which does not pass can be appealed to the property owners of Grand Harbor, except for variances which can not be appealed. The ACC has the sole decision on which items can be appealed to the property owners. In order to appeal a decision by the ACC (excluding variances) the lot owner requesting the appeal will be required to call a meeting of all of the property owners of Grand Harbor. This meeting will enable the ACC to explain the reasons for the denial of the item or condition and allow for discussion by the lot owners. After the discussion on the condition or item denied by the ACC, a vote of the attending property owners will be taken. To overturn the decision of the ACC, a minimum 2/3rd vote of all lot owners (58 lots initially) in Grand Harbor (one vote per lot) is required. Appeals will not be considered for a variance from the covenants, restrictions, etc. of Grand Harbor that has been previously denied by the ACC. Property owners seeking relief from a denial of a variance by the ACC can pursue a change in the covenants as defined in the covenants. A lot owner is defined as an owner of a lot that plans on residing in Grand Harbor or is a resident of Grand Harbor, and is in good standing. Any person that owns more than one lot will be entitled to one and only one vote.
  7. 7. Any condition requiring approval of the ACC which involves a member of the ACC will require the involved ACC member to abstain from voting on the specific issue. The approval of the specific issue will then require approval by at least one of the remaining committee members.
  8. 8. Amending or changing the By-Laws presented herein will require approval of all members of the ACC (not less than 3 members approving).
  9. 9. To be a voting member of the ACC requires the ownership of a lot or lots in Grand Harbor. When an ACC member sells his/her lot (no longer a property owner) he/she is required to resign as a member of the ACC.

The undersigned agree to the provisions set forth by the aforementioned and the Declarations of Covenants, Conditions and Restrictions of Grand Harbor, Sections 1, 2 and 3.

These By-Laws are amended as of November 21, 2005.