Section 8.1. Purpose and Powers of the Covenants Committee.
The purpose of the Covenants Committee shall be to ensure compliance with the Governing Documents and to foster harmony within the Community through reasoned and impartial adjudication of disputes within the Community as they arise. To this end, the principal powers of the Covenants Committee shall be as follows:
(a) To make reasonable efforts to resolve conflicts relating to the Governing Documents between and among Owners on an informal and amicable basis.
(b) To investigate and render decisions on alleged violations of the Governing Documents.
(c ) To issue cease and desist requests to any Owner whose actions are deemed to be inconsistent with the provisions of the Governing Documents or otherwise detrimental to the Community.
(d) To provide interpretations of the Governing Documents when requested to do so by a member of the Board of Directors or on its own initiative.
(e) To impose reasonable fines for violations of the Governing Documents, subject to the approval of the Board of Directors.
(f) To propose Community Codes for hearing alleged violations of the Governing Documents, for adoption by the Board of Directors, which shall incorporate reasonable concepts of due process and fundamental fairness. Such Community Codes, and amendments thereto, may also be proposed and approved by the Declarant or by the Board of Directors, either acting alone, without action by the Covenants Committee. No such Community Codes shall be construed as a waiver of any provision or requirement of the Governing Documents.
(g) Such additional powers as may be granted by the Board of Directors to enable the Covenants Committee to fulfill its duties under the Governing Documents.
Section 8.2. Selection of Covenants Committee.
The Covenants Committee shall consist of an uneven number of not less than three (3) nor more than seven (7) persons. Prior to the expiration of the Class B memberships, the Declarant may appoint all members of the Covenants Committee. After expiration of the Class B memberships and for so long as the Declarant’s Rights and Obligations are in effect, the Declarant may appoint a majority of the members to the Covenants Committee, and the balance of the Covenants Committee shall be appointed by the Board of Directors. Members of the Covenants Committee appointed by the Declarant shall serve at the pleasure of and may be removed, without cause, by the Declarant. Members of the Covenants Committee appointed by the Board of Directors shall serve at the pleasure of and may be removed, without cause, by the Board. Upon expiration of the Declarant’s Rights and Obligations Period, or earlier upon written notice from the Declarant to the Association, the number, qualifications, tenure, and manner of selection of the members of the Covenants Committee shall be as determined from time to time by the Board of Directors, in the Board’s sole discretion. Covenants Committee members need not be Owners. In the event of any failure to appoint a Covenants Committee, or in the event of the Covenants Committee’s absence, resignation or inability or refusal to act, the Board of Directors shall have the power and authority of the Covenants Committee and shall otherwise exercise and discharge the Covenant Committee’s duties under the Governing Documents.
Section 8.3. Appeal.
Subject to such procedures as may be established by the Board of Directors, any Owner may appeal an adverse Covenants Committee decision to the Board of Directors. The Board of Directors may uphold, modify or reverse the decision of the Covenants Committee and any such determination by the Board of Directors shall be final.
Section 8.4. Jurisdiction of Covenant Committee.
Any provision of the Governing Documents to the contrary notwithstanding, the Covenants Committee shall have no jurisdiction over the Declarant. The Board of Directors may from time to time, in its sole discretion, restrict the jurisdiction or authority of the Covenants Committee, either generally or on a case-by-case basis.
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