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4.3 Appeal to the Board. Any decision of the Architectural Review Committee may be <br />appealed to the Board of Directors by an affected party by notifying the Board of Directors and the. <br />Architectural Committee in writing within ten (10) days after the issuance of a decision by the <br />Architectural Review Committee. The Board of Directors shall review the decision of the <br />Architectural Review Committee and shall issue a written decision upholding, reversing or <br />upholding, in part, and reversing, in part, the Architectural Review Committee's decision within <br />fourteen (14) days after receipt of notif cation of the intent to appeal. -The Board of Directors may <br />hold a hearing in conjunction with the appeal at the request of the appealing member or in its sole <br />discretion. If a hearing is held, the Board shall have an additional7 days to issue its written decision. <br />The decision of the Board of Directors shall be final. <br />4.4 Enforcement. Failure to obtain approval for additions, alterations, improvements <br />and modifications as set forth herein or failure to construct additions, alterations, improvements and <br />modifications in accordance with the plans and specifications approved by the Architectural Review <br />Committee shall be considered a breach of these covenants, enforceable by the Architectural Review <br />Committee, the Board of Direc��:� �:� �::;� ��:;::��. �,To action shaIl be commenced or maintained to <br />enforce the terms of any buildine restriction contained in the Governing Documents. No action to_ . <br />compel the removal of any building or improvement because of such building's or improvement's <br />failure to comply with the building restrictions contained in this Declaration shall be commenced <br />or maintained unless such action is commenced within one (1) year from the date which the person <br />commencing the action knew or, in the exercise of reasonable diligence, should have known of the <br />violation for which the action is sought to brought or maintained. <br />4.5 Liabili . Neither the Architectural Review Committee rior any member thereof nor <br />the Board of Directors nor any member thereof shall be liable to the Club or to any Member or to <br />any other person for any loss, damage or injury arising out of or in anyway connected with the <br />performance of the Architectural Review Committee's or the Board of Directors respective duties <br />under this Declaration unless due to misfeasance or malfeasance of the Architectural Review <br />Committee or its members or the Board of Directors or its members, as case may be. Members o#' <br />the Architectural Review Committee shall be entitled to indemnification for their actions to the same <br />extent that Directors are indemnified under the indemnification provisions set forth in the Bylaws <br />of the Association. The Architectural Review Committee shall not be responsible for reviewing, nor <br />shall its approval of any plans or specifications be deemed approval thereof from the standpoint of <br />structural safety, engineering soundness, or conformance with building, zoning or other codes. <br />4.6 Structure of Committee. The Architectural Review Committee shall consist ofthree <br />(3) members appointed by the Board of Directors or, in the event that no Committee is appointed, <br />the Board of Directors. Members of the Architectural Review Committee shall serve at the will of <br />the Board and may be removed with or without cause. <br />4.7 Design Guidelines. The Architectural Review Committee may propose design <br />guidelines for adoption by the Board of Directors. Such design guidelines may be adopted by �the <br />Board of Directors, in its sole discretion, for the purpose of clarifying the existing covenants. <br />W:lCL1EN71Krnosha Trout Club,�ecfaration, Am & Ra - Final.wpd <br />March 24, 2000 <br />