5.12 Limitation of Liability

FCHOA Declaration of Protective Covenants - Revision Date: 2022-05-20

The ARC’s approval of any plans or requirement that the plans be modified shall not constitute a warranty or representation by the ARC or the Association or the Board of the adequacy, technical sufficiency, or safety of the Improvements described in such plans, as the same may be modified; and the Association, its Board members, officers, agents and members, and the ARC and its members shall have no liability whatsoever for the failure of the plans or the Improvements to comply with applicable building codes, laws, and ordinances or to comply with sound engineering, architectural, or construction practices.  In no event shall the Association, its Board members, officers, agents and members or the ARC and its members have any liability whatsoever to any Owner, Mortgagee, Contractor, or any other party for any costs or damages, consequential or otherwise, that may be incurred or suffered on account of the ARC’s approval, disapproval, or conditional approval of any plans, or any appeal decision made by the Board.