DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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ARTICLE III (cont.)

3.6  Delegation of Use (cont.).
enjoy the recreational facilities or equipment of the Property for so long as such delegation remains in effect.

3.7.  Waiver of Use.
No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release such Owner's Condominium from the liens and charges thereof, by waiving use and enjoyment of the Common Property or by abandoning such Owner's Condominium.

3.8.  Damage by Member.
To the extent permitted by California law, each Owner is liable to the Association for any damage to the Common Property not fully reimbursed to the Association by insurance (including without limitation any deductible amounts under any insurance policies against which the Association files a claim for such damage) if the damage is sustained due to the negligence, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, his guests, tenants or invitees, or any other persons deriving their right and easement of use and enjoyment of the Common Property from the Owner, or such Owner's respective Family and guests. The Association may, after Notice and Hearing, (a) determine whether any claim shall be made upon the insurance maintained by the Association, and (b) levy a Special Assessment equal to any deductible paid and the increase, if any, in insurance premiums directly attributable to the damage caused by such Owner or the person for whom such Owner may be liable as described herein. If a Condominium is jointly owned, the liability of its Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint owners to the contrary. After Notice and Hearing, the cost of correcting the damage to the extent not reimbursed to the Association by insurance shall be a Special Assessment against such Owner.

ARTICLE IV

4. Architectural Review Committee.

4.1.  Members of Committee.
The Architectural Review Committee, sometimes referred to herein as the "Architectural Committee" or the "Committee," shall be comprised·of three (3) members. The initial members of the Committee shall be representatives of Declarant until one (1) year after the original issuance of the Final Subdivision Public Report ("Public Report") for Phase 1 ("First Anniversary"). After the First Anniversary the Board may appoint and remove one (1) member of the Committee, and Declarant may appoint and remove a majority of the members of the Committee and fill any vacancy of such majority, until the earlier to occur of (a) Close of Escrow for the sale of ninety percent (90%) of all the Condominiums in the Property and the Annexable Territory, or (b) the fifth anniversary of the original issuance of the Public Report for Phase 1, after which the Board may appoint and remove all of the members of the Committee. Committee members appointed by the Board must be Members, but Committee members appointed by Declarant need not be Members. The Committee has the right and duty to promulgate reasonable