Article 6.2 of the Declaration of Covenants, Conditions, and Restrictions Quail Creek Homeowners Association, (the “Declaration”) establishes that “no residence, building, septic system, fence, wall or structure of any kind or character (either permanent or temporary) shall be erected or placed, or the erection or placing thereof commenced or changes made in the design thereof or any addition made thereto or exterior alteration made therein after original construction, on any Lot in the Quail Creek Subdivision without the prior written approval of the [Architectural Review Committee] ARC,” whose authority is established under Article 6.1 of the Declaration.
By submitting an application (see form below or download a paper version at the bottom of the page), the applicant acknowledges that all improvements must be constructed in accordance with the Design Guidelines set forth in the Declaration in addition to any guidelines or rules adopted by the Association or ARC from time to time. In addition, all improvements must be constructed in accordance with the laws, rules, regulations, and building codes of governmental authorities having jurisdiction. Approval of this application does not constitute approval by any governmental authority. Approval of this application does not give Applicant the right to enter upon the property of any other owner or the common area in order to perform the construction contemplated by this application.
The Applicant is solely responsible for ensuring that proposed improvements do not encroach upon a public utility easement located on the Property. Applicant hereby releases the Association, ARC, and each of its Directors, Officers, committee members, and agents from and against any liability caused or occasioned by the location of such improvements. Applicant acknowledges that in the event an improvement encroaches upon a public utility easement located on the Property and a public utility provider requires access to such easement, Applicant may be required to remove such improvements to the extent they encroach upon or interfere with the use of the public utility easement.
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