Section 1. Establishment. Acting on behalf of the West Beach Road Association, and in accordance with all existing and any future amendments to the By Laws of the Association, an Architectural Control Committee shall be established. The committee consisting of three (3) members shall be established by vote of the West Beach Road Association membership. ACC Members shall be elected by the membership at the annual meeting and shall serve for three (3) years. One ACC Member shall be elected each year. ( In starting the three year cycle, one ACC Member will be elected for three (3) years, one for two (2) years, and one for one (1) year. )

Membership on the committee can be changed as follows:

1. Vacancies due to death or resignation will be filled by the Board of Directors of the West Beach Road Association.
2. The Board of Directors, by a majority vote, may add as many as two additional members to the ACC.

Section 2. Purpose. The Architectural Control Committee shall, in good faith, exercise discretionary approval or disapproval on the basis of minimizing interference with enjoyment of adjacent properties, protecting property values, and enforcing improvement use and occupancy in a pleasing but not sterile or uniform combination.

Section 3. Structures. No building, fence, wall, or other structure shall be erected, placed, or altered on any lot or building site within the property until the plans, specifications and plot plans thereof are submitted by the owner or his representative to the Architectural Control Committee and the Board and approved by the Board. If such plans and specifications are disapproved by the Board (or, if conditionally approved, unless the conditions thereof be complied with), the project construction shall not be undertaken, or if undertaken, a violation hereof may be abated by legal proceedings by any party having an interest in the enforcement hereof irrespective of the time of completion thereof. The Architectural Control Committee shall in no way confirm or guarantee any assumed geological conditions, safety, or structural standards or construction methods. The Architectural Control Committee shall, within fifteen (15) days after any such plans and specifications have been submitted to it, submit a recommendation to the Board whether the plans should be approved or disapproved. The Board shall make every effort to render a decision within fifteen (15) days of receipt of the recommendation from the Architectural Control Committee.

Section 4. Procedures. The Architectural Control Committee shall consider and act upon all matters properly submitted to it. In furtherance of this function, the Architectural Control Committee may, by unanimous vote, from time to time make recommendations to the Board regarding adoption, amendment and repeal of procedures and regulations to be known as the Architectural Control Committee Procedures, interpreting, detailing, and implementing the provisions of the Protective Covenants, Conditions, Restrictions and Bylaws. A current copy of the Architectural Control Committee Procedures shall be kept on file with the Secretary of the Board of Directors of the West Beach Road Association at all times. Consent by the Architectural Control Committee or the Board to any matter proposed to them, or within their jurisdiction shall not be deemed to constitute a precedent or waiver impairing the right of the Association to withhold or grant approval as to any similar matter thereafter proposed or submitted to the Association for its consent. The Architectural Control Committee shall decide all matters by majority vote.

Section 5. Standards and Criteria. The Architectural Control Committee shall employ the standards and restrictions as set forth in Article XV, Restrictions on the use of property by owners.

Section 6. Form. Members shall, prior to commencing construction, submit the ACC CONSTRUCTION APPROVAL FORM, Enclosure 1, along with a copy of their proposed plans to the ACC Members for approval.

Section 7. No Liability. The members of the Architectural Control Committee and the Board of Directors shall have no personal liability for any action by or decision of the Committee or the Board. By acceptance of a deed or execution of a contract to purchase or a lease agreement or like document for any lot or unit, the purchaser or lessor thereby agrees and covenants not to maintain any action against any member of the Architectural Control Committee or the Board which seeks to hold that member personally or individually liable for damages relating to or caused by any action of or decision by the Committee or the Board.

NOTE: This article was last amended at the Mid Year Meeting in November 2009.