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Tarpon Springs RiverWatch

(A Deed Restricted Community)

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ARTICLE VII - ARCHITECTURAL CONTROL

Section 1 ~ Authority
Section 2 ~ Design Standards
Section 3 ~ Review and Approval of Plans
Section 4 ~ Committee Membership
Section 5 ~ Replacement
Section 6 ~ Standards

Section 1 ~ Authority - Back to top
No dwellings, building, parking cover, shed, structure, fence, boat dock, dock, outbuilding, color change, addition, exterior alteration or substantial attachment, or construction or erection of any kind may be erected, placed, reconstructed or permitted to remain on any Lot unless and until approved by the Architectural Committee. Such approval will not be unreasonably withheld for replacements or reconstruction that conform in design, materials, appearance and quality to that of the original work.

Section 2 ~ Design Standards - Back to top
The Architectural Committee shall from time to time, subject to this Declaration and the Association documents, adopt, promulgate, amend, revoke, and enforce guidelines, hereinafter refereed to as "Design Standards" for the purposes of:

(a) governing the form and content of plans and specifications to be submitted to the Architectural Committee for approval pursuant to this Declaration;

(b) governing the procedure for such submission of plans and specifications; and

(c) establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of any structure or dwelling and all matters that require approval by the Architectural Committee pursuant to this Declaration.

Section 3 ~ Review and Approval of Plans - Back to top
No structure shall be commenced, erected or maintained on any Lot, nor shall any exterior addition to or alteration thereof be made until the plans and specifications showing the nature, kind, shape, height, materials and locations of the same shall have been submitted to the Architectural Control committee for written approval (i) as to conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of RIVER WATCH (ii) as to the location of the Structure in relation to surrounding structures and topography and finished ground elevation, and (iii) shall be consistent with the provisions of this Declaration. In the event the Architectural Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted in writing, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to completion thereof, approval by the Architectural Committee will not be required.

Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Architectural Committee including, without being limited to:

(a) a site plan showing the location of all proposed and existing structures on the Lot including building setbacks, open space, driveways, walkways and parking spaces including the number thereof;

(b) a foundation plan;
(c) a floor plan;

(d) exterior elevations of any proposed structure and alterations to existing structures, as such structure will appear after all backfilling and landscaping are completed;

(e) specifications of materials, color scheme, lighting schemes and other details affecting the exterior appearance of any proposed structure and alterations to existing structures; and

(f) plans for landscaping and grading, especially if the proposed structure consists of such landscaping or grading.

Upon approval by the Architectural Committee of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the Architectural Committee and a copy of such plans and specifications being such approval, in writing, shall be returned to the applicant submitting the same. Approval for use in connection with any Lot or Structure of any plans and specifications shall not be deemed a waiver of the Architectural Committee's right, in its direction, to disapprove similar plans and specifications or any of the features or elements included therein is such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be reviewed or rescinded thereafter, provided that there has been adherence to, and compliance with such plans and specifications, as approved, and any conditions attached to any such approval.

Notwithstanding anything to the contrary, the Architectural Committee may request changes in any plans or Structures that are completed or being built if required by law and neither the Developer nor the Architectural Committee shall be liable for damages.

In regards to any plans and specifications approved by the Architectural Committee neither Developer, nor any member of the Architectural Committee, shall be responsible or liable in any way for any defects in any plans or specifications, nor for any structural defects in any work done according to such plans and specifications nor for the failure of the plans and specifications to comply with any Law. Further, neither Developer, nor any member of the Architectural Committee shall be liable in damages to anyone by reason of mistake in judgment, negligence, misfeasance, malfeasance or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications or the exercise of any other power or right of the Architectural Committee provided for in this Declaration. Every person who submits plans or specifications to any Architectural Committee for approval agrees, by submission of such plans and specifications, and every owner of any Lot agrees, that he will not bring any action or suit against Developer, or any member of the Architectural Committee, to recover for any such damage.

Any employee or agent of the Architectural Committee may, after reasonable notice, at any reasonable time, enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration, or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration' and neither the Architectural Committee, nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

The approval granted hereunder is independent of any approvals which may be required by other reviewing association or agencies, including that of the City of Tarpon Springs.

Section 4 ~ Committee Membership - Back to top
The Architectural Committee of the RIVER WATCH HOA membership shall be initially composed of Michael Bronson, Paul Rose and Andrew Berger, who by majority vote may designate a representative (herein called "Designated Representative") to act for and on behalf of the Architectural Committee and to exercise all powers and perform all duties of the Architectural Committee. The address of the Architectural Committee is 4320 West Kennedy Boulevard, Tampa, Florida 33609. However, at such time as all of the Lots in the Subdivision have been sold by Developer, the powers and duties of the Architectural Committee shall immediately vest in and be assigned to the Association, and the Architectural Committee shall thereafter exist as a Committee of the Association under the control of the Association's board of Directors.

Section 5 ~ Replacement - Back to top
In the event of the death, inability to serve because of disability, or resignation of any member or members of the Architectural Committee, the remaining member or members thereof shall appoint a successor member or members, and until such successor member or members shall have been so appointed, the remaining member or members shall have full authority to exercise the powers and perform the duties of the Architectural Committee. The Board of Directors has the authority to replace or remove a member of the Architectural Committee by a majority vote.

Section 6 ~ Standards - Back to top
In reviewing any particular application, the Architectural Committee must consider whether its action will:
(i) assure harmony of external design, materials and location in relation to surrounding building and topography within the Properties; and
(ii) preserve the value and desirability of the Properties as a residential community; and (iii)
be consistent with the provisions of this Declaration; and
(iv) be in the best interest of all Owners in maintaining the value and desirability of the Properties as a residential community.