Canopy Creek HOA 2016

Development Guidelines

Owner specifically covenants and agrees that Owner will observe, perform, and comply with each and every requirement contained in this document, both prior, and subsequent, to the closing of the purchase of a lot.

For purposes of enforcing all or any portion of this document, Developer will be deemed to be a third party beneficiary.

When the physical construction of any improvement starts, said construction shall be performed diligently and completed within a reasonable time. If for any reason a structure is not completed within the timeframes for construction, as determined by Developer or the ARC in accordance with these Guidelines, then Developer may declare Owner in default and exercise any and all remedies under any Purchase Agreement, any Builder Agreement or the Declaration. If Developer or the ARC delivers written notice to Owner of any undesirable condition on the lot or home, Owner shall have ten (10) days to remedy such condition. If no action is taken by Owner, Developer or the ARC may enter the lot or home to take such steps as are necessary to correct any undesirable condition. The Owner of the lot shall be liable for all costs incurred in such action and the total costs thereof will be a lien on the lot, which lien may be foreclosed in the same manner as is provided for the enforcement of the Homeowners’ Association assessment liens as set forth in Article 11.6 of the Declaration. Review Rights Right to Approve The ARC and Developer, in their sole and absolute discretion, will have the right to approve as submitted, approve subject to specific and required modifications, or reject any or all of the Plans and all other submittals. Aesthetic Approval Only The approval, rejection and/or requirement of changes in the Owner’s plans by the ARC or Developer and the location of all structures or alteration of any structure, will not be construed or interpreted as a representation or determination by the ARC or Developer that any building, plumbing, electrical code, or other applicable government regulation(s) or requirements(s) have or have not been properly met by the Owner. It is understood that the approval of the ARC relates only to the aesthetics of the improvements shown on the Plans, and not to their sufficiency or adequacy. The Owner will be responsible for obtaining all necessary technical data and for making prompt application to and obtaining the approval of the County, and any and all other appropriate government agencies prior to commencement of any work or construction of the improvements. Design/Review Process Owner agrees to comply with the Design Review Process as described herein.

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WPB 889961.7