3.9. Article 9: Local Area Committees

Section 9.1. Function.

Owners may serve on any Local Area Committees authorized in accordance with this Declaration or pursuant to any Community Codes adopted in accordance with Article 10 of this Declaration. Local Area Committees shall serve in an advisory capacity with respect to issues and matters that relate to Local Areas. Without limiting the generality of the foregoing, Marina Licensees are authorized to form a Local Area Committee.

Section 9.2. Establishment.

In addition to the Local Areas and Local Area Committees established pursuant to Section 9.5 below, the Declarant or the Board of Directors, by a Declaration of Annexation or by the adoption of a Community Code, may designate the Local Areas to be served by one or more Local Area Committees. Designation of such Local Area Committees shall be based on such factors as are deemed appropriate by the Declarant or Board of Directors, as the case may be, including, without limitation, the location and proximity of the Living Units to be represented, any special features or amenities within or serving the Local Area to be represented, any special services provided to or requested by the Owners within the Local Area to be represented, and the input of interested Owners.

Section 9.3. Local Area Committee Operations.

Each Local Area Committee shall be responsible for establishing the procedures applicable to its activities, provided that the right of all Owners within the Local Area to meaningful participation in the Local Area Committee shall not be abridged. Local Area Committees shall provide all Owners within the Local Area and the Board of Directors with reasonable prior notice of all Local Area Committee meetings and all such meetings shall be open to all Owners. Each Local Area Committee shall designate one of its members as a spokesperson for purposes of all meetings of the Board of Directors, Covenants Committee or Design Review Committee.

Section 9.4. Local Area Committee Authority.

Local Area Committees shall generally be provided with a reasonable prior opportunity to comment, either in person or in writing, on proposed actions by the Board of Directors, Covenants Committee, or Design Review Committee which would impact their Local Area. Except as expressly set forth in this Declaration, Local Area Committees shall serve only in an advisory capacity and only with respect to matters within the purview of the Association’s authority, including, but not limited to, the limitations placed on the Association pursuant to Section 18.10 of this Declaration. Local Area Committees may serve as an advisory committee to the Board of Directors with respect to issues and matters of particular concern to the Owners within the Local Area, including, but not limited to, the amount of the Assessments and the manner of the maintenance and repair of the Living Units and Community Areas within the Local Area. Local Area Committees may serve as an advisory committee to the Covenants Committee with respect to the interpretation and enforcement of the Governing Documents within the Local Area. Local Area Committees may also serve as an advisory committee to the Design Review Committee with respect to the review and approval or disapproval of applications for Improvements within the Local Area. The recommendations of a Local Area Committee shall not be binding on the Board of Directors, the Covenants Committee, or the Design Review Committee; provided, however, that the Board of Directors, the Covenants Committee, and the Design Review Committee shall make a reasonable effort to implement such recommendations unless to do so is determined to not be in the best interests of the Community by the Board of Directors, the Covenants Committee or the Design Review Committee, in their sole discretion.

Section 9.5. Building Condominiums on Local Areas.

To the extent the Association provides benefits or services that uniquely benefit a Building Condominium, either pursuant to Section 12.4 of this Declaration or otherwise, such Building Condominium shall be considered a Local Area and its Building Condominium Board may act as the Local Area Committee for the Building Condominium.

Section 9.6. Further Local Area Committee Provisions.

The Board of Directors or the Declarant may adopt Community Codes in accordance with Article 10 of this Declaration further defining the authority of Local Area Committees, as well as Community Codes establishing further rules and procedures to be followed by the Local Area Committees in connection with the exercise of such authority.