2.1 Applicability: The Guidelines shall govern all residences, buildings, and all other structures and improvements within the Cannonsgate properties, which are or may be subject to the Declaration. These Guidelines are binding upon the CARC.
2.2 Authority: The Cannonsgate Architectural Review Committee (CARC) has jurisdiction over all matters relating to construction, architecture and landscaping of new construction and modifications of the Properties as set forth in the Declaration. While the Guidelines are intended to provide a framework for construction and modifications, the Guidelines are not all-inclusive. In its review process, the CARC may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography, and finish grade elevation, among other things. The CARC reserves the right to reject any submittal, and may disapprove plans, specifications or other materials, for any reason, including purely aesthetic reasons, which in the sole discretion of the CARC shall be deemed sufficient.
2.3 Governmental Permits: To the extent that the North Carolina State Building Code, Carteret County Ordinances, or any other government ordinance, building code, or regulation requires a more restrictive standard than the standards set forth in these Guidelines or the Declaration, the government standards shall prevail. To the extent that any government standard is less restrictive, the Declaration and the Guidelines (in that order) shall prevail.
2.4 Responsibility for Compliance: It is the responsibility of the Owner and Builder to ensure that all Applications for Architectural Review and subsequent construction are in accordance with the applicable zoning requirements, building code requirements, and the requirements of any other laws, regulations, ordinances, and deed restrictions. The CARC does not review submittals for compliance with such requirements or the soundness of construction. Approval of plans and specifications by the CARC shall not be deemed or construed to mean that improvements constructed in accordance with such plans will comply with applicable zoning requirements, building code requirements, and the requirements of any other laws, regulations, ordinances, and deed restrictions, as to the structural soundness, quality, durability, suitability, fitness or proper functioning of such improvements; and any responsibility or liability therefore is hereby disclaimed. Owners and Builders are further responsible for ensuring compliance with all standards and procedures within these Guidelines. Owners are also governed by the requirements and restrictions set forth in the Declaration, any applicable Supplemental Declaration, and any other applicable Architectural and landscape guidelines that address restricted and prohibited conduct and activities within the community. Owners and Builders are responsible for ensuring compliance within all applicable documents even if there is failure to note noncompliance during the review process.
2.5 Waiver: The Owner and Builder agree to make no claim and hereby waives, to the fullest extent permitted by law, any claim or cause of action of any nature against the Cannonsgate Homeowner Association Board, its Board of Director officers, employees, agents or sub-consultants, which may arise out of or in connection with the performance by any parties above named for the Architectural Compliance Reviews or any actions required to administer or enforce the requirements of the Cannonsgate Architectural Guidelines.
2.6 Indemnification: In addition, and not withstanding any other provisions of this agreement, the Owner and Builder agree, to the fullest extent permitted by law, to indemnify and hold harmless the Cannonsgate Homeowner Association Board, its Board of Director officers, employees, agents or sub-consultants, against all damages, liabilities or costs including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named for the Architectural Compliance Reviews or any actions required to administer or enforce the requirements of the Cannonsgate Architectural Guidelines the of the services under this Agreement.
2.7 Amendments: These Guidelines may be revised and amended at any time by the CARC, in its sole discretion, as needed to serve the needs of an evolving community. The effective date of the Guidelines is provided at the bottom of its pages and on the cover page. Applicants are required to acknowledge acceptance of the edition when making a request for a review.