| Section 1. Architectural Review of Common
Properties and Restricted Common Properties. No building, wall, fence, swimming pool,
or other structure shall be commenced, erected, or maintained upon the Common Properties
or Restricted Common Properties, nor shall any landscaping be done, nor shall any exterior
addition to any existing structure or change or alteration therein be made until the plans
and specifications therefor showing the nature, kind, shape, height, materials, colors,
and location of the same shall have been submitted to and approved in writing as to the
harmony and compatibility of its external design and location with the surrounding
structures and topography by the Architectural Review Board of the Association and by the
Company pursuant to the provisions of the Declaration of Rights, Restriction, Affirmative
Obligations and Conditions Applicable to all Property in Woodlake.
The Architectural Review Board shall be composed of at least
three (3) but not more than eleven (11) Members, all of whom shall be appointed by the
Board of Directors of the Association. At least one (1) Member of the Association other
than the Company shall be a Member of the Architectural Review Board at all times.
Section 2. The General Property Covenants. Pursuant to
the provisions of the Declaration of Rights, Restrictions, Affirmative Obligations and
Conditions Applicable to All Property in Woodlake (the "General Property
Covenants"), the Company reserves unto itself, its successors and assigns, the right
to appoint the Association its agent for the purpose of administering and enforcing, in
whole or in part, the rights reserved unto the Company in said General Property Covenants,
including, but not limited to, the right to approve (or disapprove) plans, specifications,
color, finish, plot plan, land management plan, and construction schedules for any or all
buildings or structures to be erected within any or all of the properties subject to said
General Property Covenants. Such appointment may be temporary or permanent, and shall be
subject to any conditions, limitations, or restrictions which the Company, in its sole and
uncontrolled discretion, may elect to impose. Upon any such appointment of the Association
as agent by the Company, the Association shall assume any obligations which are incident
thereto.
In addition to the foregoing, the Company reserves unto
itself, its successors and assigns, the right to assign in whole or in part to the
Association its rights reserved in the General Property Covenants to grant approvals (or
disapproval), to establish rules and regulations, to administer and enforce the provisions
of said General Property Covenants, and any or all other rights reserved therein by the
Company. The assignment of such rights shall be subject to any conditions, limitations, or
restrictions which the Company, in its sole and uncontrolled discretion, may elect to
impose at the time of assignment. Following the assignment of such rights, the Association
shall assume all of the Company's obligations which are incident thereto (if any), and the
Company shall have no further obligation or liability with respect thereto. The assignment
of such right or rights by the Company to the Association shall be made by written
instrument which shall be recorded in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia.
Notwithstanding anything in the foregoing to the contrary, so
long as the Company, its successors and assigns, is the owner of property subject to the
provisions of the General Property Covenants, the Company, in addition to and jointly with
the Association, shall retain all rights of easement reserved unto it in said General
Property Covenants, and shall, furthermore, retain all rights of entry granted unto it in
said General Property Covenants for the purposes of correcting, repairing, enhancing,
improving, cleaning, preserving, clearing out, removing, or taking any action to prevent a
violation of said General Property Covenants, and the retention of said rights of easement
and entry by the Company shall in no way create any obligation on the part of the Company
to perform any affirmative action. |