Fountain Hills Declaration of Reservations
COMMITTEE OF ARCHITECTURE

DECLARANT shall appoint a Committee of Architecture, hereinafter called "Committee", consisting of 5 persons, one of which shall be a Maricopa County resident.  Declarant, for a period of twenty years from the date of this Declaration of Reservations, shall have the power to create and fill vacancies on the Committee.  At the end of said twenty year period, vacancies on the Committee shall be filled through a procedure adopted by a majority of the then lot owners.

IT shall be the general purpose of this Committee to provide for maintenance of a high standard of architecture and construction in such a manner as to enhance the aesthetic values and structural soundness of the developed subdivision.

THE COMMITTEE shall be guided by, and, except when in their sole discretion good planning would dictate to the contrary, controlled by this Declaration of Reservations.  The Committee shall make available a copy of this Declaration of Reservations to any and all lot owners upon request.

SAID COMMITTEE shall adopt reasonable rules and regulations for the conduct of its proceedings and may fix the time and place for its regular meetings and for such extraordinary meetings as may be necessary, and shall keep written minutes of its meetings, which shall be open for inspection to any lot owner upon the consent of any one of the members of said Committee.  Said Committee shall by a majority vote elect one of its members as chairman and one of its members as secretary and the duties of such chairman and secretary shall be such as usually appertain to such offices.  Any and all rules and regulations adopted by said Committee regulating its procedures may be changed by said Committee from time to time by a majority vote and none of said rules or regulations shall be deemed to be any part or portion of said Covenants.

THE COMMITTEE shall determine whether the Conditions contained in this Declaration of Reservations are being complied with.

THE COMMITTEE may adopt reasonable rules and regulations in order to carry out its duties.

SAID CONDITIONS ARE AS FOLLOWS:

THAT all of the lots within this Final Plat shall be designated as Single-Family Residential and shall be improved, used, and occupied in accordance with the provisions set forth under the Conditions set forth under the R1-8 Land Use Regulations of this Declaration of Reservations.

ALL definitions and designations contained herein refer to this Declaration of Reservations recorded with this Final Plat.

DECLARANT reserves the right to convey and/or dedicate rights of way and easements over a five foot perimeter of the side and rear lot lines for public utilities, television, and/or communication cables, and drainage purposes over a  five foot strip of land within and along all side and rear lot lines of each and every lot, except as to all commercial zoned lots or parcels, and except as to any such easement along such side or rear lot lines as shown on the recorded plat, together with the privilege to assign this right at any time, in Declarant's sole discretion, to McCulloch Properties, Inc., or its successors or assigns.  This right shall run with the land for the time herein provided and as may be extended.

IMPROVEMENT STANDARDS

1. No building, structure or any kind, fence, patio, or other structure shall be erected, have its exterior altered, be added to, or be placed or be permitted to remain on any of said lots or any of them or any part of any such lot until and unless the plans showing floor areas, external design, landscaping, paved driveways, and parking areas (where required by a particular zone), structural details, and the ground location of the intended structure along with a plot plan have been first delivered to and approved in writing by the Committee.  The Committee may require a reasonable fee, not to exceed twenty-five dollars ($25) prior to examining said plans.  On all structures submitted for approval, this Committee may require changes, deletions, or revisions in order that the architectural and general appearance of all such buildings and grounds be in keeping with the architecture of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are to  be located.  All residential, commercial, and industrial structures shall conform to the requirements of the Uniform Building Code as published by the International Conference of Building Officials, current edition, the requirements of the National Electrical Code, as published by the National Fire Protection Association, current edition, and the Uniform Plumbing Code, as published by the Western Plumbing Association, current edition, as a guide to sound construction, electrical and plumbing installation practices with the Office of the Maricopa County Chief Zoning Inspector.

2. The architectural character of all buildings, residential or commercial, shall be such that they are in harmony with and compatible to the architectural character adopted by the Committee of Architecture for the zone in which a subject lot is situated, and they shall be in harmony with and compatible to existing structures erected with the given zone.

3. Notwithstanding any other provisions of this Declaration of Reservations, it shall remain the  prerogative and in the jurisdiction of the Committee to review applications and grant approvals for exceptions to this Declaration of Reservations.
   Variations from these requirements, and, in general, other forms of deviations from these restrictions imposed by this Declaration may be made when and only when such exceptions, variances, and deviations do not in any way detract from the appearance of the premises and are not in any way detrimental  to the public welfare or to the property of other persons located in the vicinity thereof, all in the sole opinion of the Committee and in compliance with the Count of Maricopa and State of Arizona ordinances, laws, rules, and regulations.
   The designated maximum building height and minimum yard requirements may be waived by the Committee when its sole opinion such structures relative to sound architectural planning and conform to the overall design and pattern of the development and are in conformance with the County of Maricopa and State of Arizona ordinances, laws, rules, and regulations.

4. A property owner aggrieved by a decision of the Committee of Architecture regarding his particular lot or parcel shall have the right to submit the Committee of Architecture's decision to arbitration. 
   To do so, the property owner within fifteen (15) days of the date of the Committee of Architecture's decision shall give the Committee or Architecture written notification of its intention to submit the decision to arbitration.  Within ten (10) days of said notice of intention to arbitrate, the property owner shall appoint an architect and the Committee of Architecture will also appoint an architect.  The two (2) appointed architects will, within ten (10) days of their appointment select a third architect.  The three architects shall be registered under the laws of the State of Arizona and shall serve as an arbitration board to review the decision of the Committee of Architecture.  Their decision shall be final and binding upon the  property owner and the Committee of Architecture.  The property owner shall pay the fee for the architect he appointed, the Committee of Architecture shall be responsible for paying the fee of the architect it appointed, and the person who the arbitration award is against shall pay the fee of the third architect.