E. LIABILITY
FCHOA Purchaser's Handbook - Revision Date: 2021-01-10
1. In applying to the ARC for approval for construction, the applicant, builder, and Property Owner agree to defend and hold harmless the Ford’s Colony at Williamsburg Homeowners’ Association, Inc. (FCHOA), Architectural Review Committee Members, employees of the Management Agent, FCHOA Board Members, FCHOA Committee Members, and volunteers serving the Homeowners’ Association or the ARC in an official capacity, referred to herein on occasion as “ARC and Affiliated Parties”, from any legal liability in connection with the review, approval or disapproval, inspection and construction of improvements in Ford’s Colony.
2. Applicant and owner purposefully waive any and all rights to seek legal and/or financial remedies in regard to the ARC’s role and actions in accordance with the Governing Documents of the FCHOA and/or this Handbook, including decisions made by the ARC or ARC Manager on behalf of the ARC to withhold the refund of deposits as liquidated damages based on a determination that the Applicant, Owner, and/or Builder did not comply with the policies of this Handbook, such as, but not limited to, time of completion of improvements within twelve months, construction in accordance with plans approved by the ARC, landscaping, maintenance of improvements and environmental controls, jobsite cleanliness, and erosion control.