Section 7.01. Architectural Approval. No unit, sign, exterior air conditioning equipment, solar installation, exterior storage or utility structure, room addition, or other structure of any kind or exterior addition to or change or alteration of such items shall be commenced, erected or maintained on the Property until (a) plans and specifications shall have been submitted to and approved in writing by the Architectural Committee and (b) all applicable regulations and permit requirements of the ship’s classification society, if any, shall have been complied with. The plans and specifications shall be prepared by a duly licensed architect or other person approved by the Architectural Committee and shall include (a) the construction recommendations of a licensed maritime engineer or other person approved by the Architectural Committee with respect to Safety of Life at Sea (SOLAS) regulations and all other maritime laws, and safety regulations and (b) such other matters as may be required by the Architectural Committee, unless it is determined by Technical Management Official that such approval is not required or the proposed work is covered by a blanket order. All such plans and specifications shall be submitted in writing over the signature of the Owner of the affected Unit or such Owner's authorized agent or any officer of the Association in the case of Common Area or any Association Property. Approval shall be based, among other things, on conformity and harmony of design, preservation of view and aesthetic beauty; assurance of adequate access to the Association in connection with the performance of its duties and the exercise of its powers under this Declaration; compliance with the requirements of this Declaration; compliance with any classification society requirements; and conformity with such rules and regulations as may be adopted by the Architectural Committee in accordance with this Article.
Section 7.02. Number of Members and Term of Architectural Committee. The Architectural Committee shall consist of not less than three nor more than five members. The Declarant shall have the right to appoint all of the members of the Architectural Committee and their replacements who shall serve until replaced or reaffirmed by a regular meeting of the Association of Owners. After Transfer Point, the Board shall appoint all members of the Architectural Committee. Those appointed to the Architectural Committee by the Board shall be Members; the Declarant, however, need not appoint Members to the Architectural Committee.
Section 7.03. Failure to Approve or Disapprove Plans and Specifications. In the event the Architectural Committee fails to either approve or disapprove plans and specifications within thirty days after the same have been submitted to it, it shall be conclusively presumed that the Architectural Committee has approved such plans and specifications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in accordance with the approved plans and specifications.
Section 7.04. Appeal. In the event plans and specifications submitted to the Architectural Committee are disapproved, the party making such submission may appeal in writing to the Board. The appeal must be received by the Board not more than thirty days following the final decision of the Architectural Committee. Within forty-five days following receipt of the appeal, the Board shall render its written decision. The failure of the Board to render a decision within the forty-five day period shall be deemed a decision in favor of the appellant.
Section 7.05. No Liability. Neither the Declarant, the Association, the Architectural Committee, nor the members or designated representatives of the Architectural Committee shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any Owner by reason of mistake in judgment, negligence 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 for any defect in any structure constructed from such plans and specifications. Plans and specifications are not approved for engineering design. Every Owner and other person who submits plans or specifications to the Architectural Committee for approval agrees that he will not bring any action or suit against the Declarant, the Association, the Architectural Committee or any of the members or designated representatives of the Architectural Committee to recover any such damages.
Section 7.06. Notice of Noncompliance. Notwithstanding anything to the contrary contained in this Declaration, after the expiration of one year from the date of the commencement of construction within the Property of any improvements, said improvements shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all provisions of this Article, unless actual notice of such noncompliance specifying the reason for-the notice executed by the Architectural Committee shall appear of record in the office of the ship’s classification society or unless legal proceedings shall have been instituted to enforce compliance.
Section 7.07. Rules and Regulations. The Architectural Committee may from time to time in its sole discretion adopt, amend and repeal reasonable rules and regulations interpreting and implementing the provisions of this Article and establishing reasonable architectural standards for the Property which shall be binding on all Owners. The Architectural Committee may also regulate and control the installation and alteration of the Property by including procedures for such regulation and control in the rules and regulations.
Section 7.08. Variances. Where unusual circumstances affect the logic of standard architectural standards, the Architectural Committee, by the vote or written assent of a majority of its members, may allow reasonable variances as to any of the covenants, conditions or restrictions contained in this Declaration under the jurisdiction of the Architectural Committee on such terms, as it shall require.
Section 7.09. Anointment and Designation. The Architectural Committee may from time to time by a majority of its members delegate any of its rights or responsibilities to one or more duly licensed architects or other qualified persons who shall have full authority to act on behalf of the Architectural Committee in all matters delegated.
Section 7.10. Review Fee and Address. All plans and specifications required by this Article shall be reviewed for approval without a processing fee. Any fees relating to the request and application that results in a professional fees shall be paid by the applicant. The address of the Architectural Committee shall be the principal office of the Association. Such address shall be the place where any current rules and regulations of such Committee shall be kept.
Section 7.11. Inspection. Any member or agent of the Architectural Committee may from time to time, at any reasonable hour or hours and upon reasonable notice, enter and inspect any property subject to the jurisdiction of the Architectural Committee as to its improvement or maintenance in compliance with the provisions of this Article.
ARTICLE VIII
General Restrictions
Section 8.01. Residential Use. No unit or structure shall be constructed, erected, maintained or permitted to remain on the Common Area of any ship or customary appurtenances and such improvements as may be incidental to the social and recreational use of the Common Area. The Units shall be used only for family residential use and shall not be used for any business, commercial, manufacturing, mercantile, storing or vending purposes or for other nonresidential purposes; provided, however, any Unit may be used incidentally for the purpose of operating a cabin based small business if, and only if, (a) the business is operated solely within the Residential Element of a Unit, (b) the business is limited to activities non-intrusive other residents, is not in conflict with the business, ascetics appearance or operation of the ship, (c) the business is operated by the Owner or Owner's Family of the Unit (d) the operation of the business on the Unit is permitted by, and is at all times in compliance with, all applicable laws, and (e) the operation of the business does not result in (i) the violation of any of the other provisions of this Declaration, (ii) any unreasonable increase in the flow of traffic within the Property, or (iii) any odor, noise, or vibration outside of the Residential Element, or create parking problems within the Property.
Section 8.02. Nuisance. No noxious or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done or maintained on the Property which may be or become an annoyance or nuisance to the neighborhood, interfere with the quiet enjoyment by each Owner of his Unit or increase the rate of the Association's or any Owner's insurance. Without limitation, nothing shall be done or maintained on the Property which may unreasonably interfere with the television or radio reception of any Unit
Section 8.03. Association Property Use. Any Association Property shall be used for recreational, social and pedestrian movement and any other purposes authorized under this Declaration.
Section 8.04. Common Area Use. The Common Area of each Project shall be used for recreational, social, pedestrian and vehicular movement and any other purposes authorized under this Declaration.
Section 8.05. Projections. With the exception of one or more exhaust and ventilation stacks, antenna masts and navigation and communication equipment, no projections of any type shall be placed or permitted to remain above the roof of any The ship or any other unit unless and until the same shall have been approved by the Architectural Committee. No outside television or radio pole or antenna or other electronic device shall be erected or maintained on any unit or on any portion of the Property.
Section 8.06. Animals. No animals, fowl, reptiles or insects other than seeing eye or physical aid dogs shall be kept within the Property, unless previously approved in writing and demonstration of the pets having all applicable shots and approval of a licensed veterinarian. Based on past experience, we recommend against bringing them. Dogs of aggressive and hazardous breeds will not be approved under any circumstances. You will be responsible for the actions of your pet and any damage including consequential and concealed damage to carpeting and carpet pads. On receipt of complaints and an action of the Board of Directors, you will be required to remove the pet from the ship. Housekeeping may request additional fees, or refuse to provide housekeeping services. A pet fee or deposit promulgated by the Board of Directors will be charged.
Section 8.09. Signs. Signs will not be permitted, except as approved by the Architecture Committee or Board of Directors.
Section 8.10. Unsightly Matters. All rubbish, debris and unsightly objects or materials of any kind shall be regularly removed from the Property and shall not be permitted to accumulate upon the Property. Trash, garbage, rubbish and other waste shall be kept only in sanitary containers.
Section 8.11. Window Coverings. No windows shall be covered,
either inside or outside, with aluminum foil or any other similar material.
unless and until approved by the Architectural
Committee.