Article XI — Damage or Destruction of Residences and Separate Interests

Section 11.01 — Obligation to Rebuild or Clear Damaged Structures

If all or any portion of any Lot or Separate Interest is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner of that Lot or Separate Interest to rebuild, repair or reconstruct the Lot or Separate Interest in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty. If structural improvements other than a Residence, garage or fence are damaged or destroyed and the Owner prefers not to rebuild the improvement, the Owner shall clear his or her Lot or Separate Interest of all damaged or destroyed materials and return the affected area to an attractive appearance.

Section 11.02 — Architectural Review Committee Approval

Any Owner whose Residence or other structural improvements on a Lot or other Separate Interest have been damaged or destroyed shall apply to the Architectural Review Committee for approval of plans for the reconstruction, rebuilding, or repair of the damaged or destroyed Residence or structure. Application for such approval shall be made in writing, together with full and complete plans, specifications, working drawing and elevations showing the proposed reconstruction and the end result thereof. The Architectural Review Committee shall grant such approval only if the design proposed by the Owner satisfies the requirements for approval set forth in Section 5.07, above.

Section 11.03 — Time Limitation for Reconstruction or Removal

The Owner or Owners of any damaged Residence(s) and the Architectural Review Committee shall be obligated to proceed with all due diligence hereunder to remove damaged structures (or portions thereof), prepare and process reconstruction plans and specifications and complete the repair and restoration work. At a minimum, whenever Owners are required to prepare and submit repair or reconstruction plans to the Architectural Review Committee, said submittal shall be made within sixty (60) days following the event and reconstruction shall commence within thirty (30) days following receipt of approval from the Committee. Reconstruction shall be completed within eight (8) months following receipt of Committee approval. For good cause (including, without limitation, delays caused by inclement weather or the processing of insurance claims) the Architectural Review Committee may waive or extend any of the deadlines imposed by this Section 11.03.

Section 11.04 — Damage or Destruction of Residences of Other Separate Interests or Other Improvements in Planned Developments or Condominium Projects

In the event that a Residence, Separate Interest or other Improvement located in a Planned Development or Condominium Project that is part of a future Annexed Phase, the Supplemental Declaration applicable to that Phase shall control and dictate the process for the repair and reconstruction of the damaged Improvements.