ARCHITECTURAL STANDARDS-

THE BOARD OF DIRECTORS SHALL HAVE THE AUTHORITY AND STANDING, ON BEHALF OF THE ASSOCIATION, TO ENFORCE THE COURTS OF COMPETENT JURISDICTION DECISIONS OF THE COMMITTEES ESTABLISHED IN SECTIONS 1 AND 2 OF THIS ARTICLE XI. THIS ARTICLE MAY NOT BE AMENDED WITHOUT THE DECLARANT'S WRITTEN CONSENT SO LONG AS THE DECLARANT OWNS ANY LAND SUBJECT TO THIS DECLARATION OF SUBJECT TO ANNEXATION TO THIS DECLARATION.

NO CONSTRUCTION, WHICH TERM SHALL INCLUDE WITHIN ITS DEFINITION STAKING, CLEARING, EXCAVATION, GRATING AND OTHER SITE WORK, NO EXTERIOR ALTERATION OR MODIFICATION OF EXISTING IMPROVEMENTS, AND NO PLANTINGS OR REMOVAL OF PLANTS, TREES OR SHRUBS SHALL TAKE PLACE EXCEPT IN STRICT COMPLIANCE WITH THIS ARTICLE, UNTIL THE REQUIREMENTS BELOW HAVE BEEN FULLY MET, AND UNTIL THE APPROVAL OF THE APPROPRIATE COMMITTEE HAS BEEN OBTAINED. THE BOARD OF DIRECTORS MAY ESTABLISH REASONABLE FEES TO BE CHARGED BY THE COMMITTEES ON BEHALF OF THE ASSOCIATION FOR REVIEW OF AN APPLICATION FOR APPROVAL HEREUNDER, WHICH FEES, IF ESTABLISHED, SHALL BE PAID IN FULL PRIOR TO REVIEW OF ANY APPLICATION HEREUNDER.

ALL STRUCTURES CONSTRUCTED ON ANY PORTION OF THE PROPERTIES SHALL BE DESIGNED BY AND BUILT IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS OF AN ARCHITECT LICENSED IN THE STATE OF FLORIDA.

SECTION 1. NEW CONSTRUCTION COMMITTEE.

THE NEW CONSTRUCTION COMMITTEE ('NCC') SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL ORIGINAL CONSTRUCTION ON ANY PORTION OF THE PROPERTIES. UNTIL ONE HUNDRED (100%) PERCENT OF THE PROPERTIES HAVE BEEN DEVELOPED AND CONVEYED TO PURCHASERS IN THE NORMAL COURSE OF DEVELOPMENT AND SALE, THE DECLARANT RETAINS THE RIGHT TO APPOINT ALL MEMBERS OF THE NCC, WHICH SHALL CONSIST OF AT LEAST THREE (3), BUT NO MORE THAN NINE (9), PERSONS. THERE SHALL BE NO SURRENDER OF THIS RIGHT PRIOR TO THAT TIME EXCEPT IN A WRITTEN INSTRUMENT IN RECORDABLE FORM EXECUTED BY DECLARANT. UPON EXPIRATION OF SUCH RIGHT, THE BOARD OF DIRECTORS SHALL APPOINT THE MEMBERS OF THE NCC IN THE SAME MANNER AS PROVIDED IN SECTION 2 OF THIS ARTICLE FOR THE MODIFICATIONS COMMITTEE.

THE NCC SHALL PREPARE AND, ON BEHALF OF THE BOARD OF DIRECTORS, SHALL PROMULGATE DESIGN AND DEVELOPEMENT GUIDELINES AND APPLICATION AND REVIEW PROCEDURES. COPIES SHALL BE AVAILABLE FROM THE NEW CONSTRUCTION COMMITTEE FOR REVIEW. THE GUIDELINES AND PROCEDURES SHALL BE THOSE OF THE ASSOCIATION, AND THE NCC SHALL HAVE SOLE AND FULL AUTHORITY TO PREPARE AND TO AMEND THEM. IT SHALL MAKE THE GUIDELINES AND PROCEDURES AVAILABLE TO OWNERS, BUILDERS AND DEVELOPERS WHO SEEK TO ENGAGE IN DEVELOPEMENT OF OR CONSTRUCTION UPON ALL OR ANY PORTION OF THE PROPERTIES AND SUCH OWNERS, BUILDERS AND DEVELOPERS SHALL CONDUCT THEIR OPERATIONS STRICTLY IN ACCORDANCE THEREWITH. IN THE EVENT THAT THE NCC FAILS TO APPROVE OR DISAPPROVE PLANS SUBMITTED TO IT, OR TO REQUEST ADDITIONAL INFORMATION REASONABLY REQUIRED, WITHIN FORTY-FIVE (45) DAYS AFTER SUBMISSION THEREOF, THE PLANS SHALL BE DEEMED APPROVED.

SECTION 2. MODIFICATIONS COMMITTEE.

THE BOARD OF DIRECTORS MAY ESTABLISH A MODIFICATIONS COMMITTEE ('MC') TO CONSIST OF AT LEAST THREE(3) AND NO MORE THAN NINE PERSONS, ALL OF WHOM SHALL BE APPOINTED BY THE BOARD OF DIRECTORS. MEMBERS OF THE MC MAY INCLUDE ARCHITECTS OR SIMILAR PROFESSIONALS WHO ARE NOT MEMBERS OF THE ASSOCIATION. THE MC, IF ESTABLISHED, SHALL HAVE EXCLUSIVE JURISDICTION OVER MODIFICATIONS, ADDITONS, OR ALTERATIONS MADE ON OR TO EXISTING UNITS OR STRUCTURES CONTAINING UNITS AND THE OPEN SPACE, IF ANY, APPURTENANT THERETO; PROVIDED, HOWEVER, THE MC MAY DELEGATE THIS AUTHORITY TO THE APPROPRIATE BOARD OR COMMITTEE OF ANY NEIGHBORHOOD ASSOCIATION SUBSEQUENTLY CREATED OR SUBSEFQUENTLY SUBJECTED TO THIS DECLARATION SO LONG AS THE MC HAS DETERMINED THAT SUCH BOARD OR COMMITTEE HAS IN FORCE REVIEW AND ENFORCEMENT PRACTICES, PROCEDURES, AND APPROPRIATE STANDARDS AT LEAST EQUAL TO THOSE OF THE MC. SUCH DELEGATION MAY BE REVOKED AND JURISDICTION REASSUMED AT ANY TIME BY WRITTEN NOTICE.

THE MODIFICATIONS COMMITTEE SHALL PROMULGATE DETAILED STANDARDS AND PROCEDURES GOVERNING ITS AREAS OF RESPONSIBILITY AND PRACTICE, SUBJECT TO AND CONSISTENT WITH THOSE OF THE NCC. IN THE EVENT OF ANY CONFLICT, THE RULING OF THE NCC SHALL BE CONTROLLING. IN ADDITION THERETO, THE FOLLOWING SHALL APPLY: PLANS AND SPECIFICATIONS SHOWING THE NATURE, KIND, SHAPE COLOR, SIZE MATERIALS, AND LOCATION OF SUCH MODIFICATIONS, ADDITIONS OR ALTERATIONS, SAHLL BE SUBMITTED TO THE MC FOR APPROVAL AS TO QUALITY OF WORKMANSHIP AND DESIGN AND AS TO HARMONY OF EXTERNAL DESIGN WITH EXISTING STRUCTURES, LOCATION IN RELATION TO SURROUNDING STRUCTURES, TOPOGRAPHY AND FINISH GRADE ELEVATION. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT THE RIGHT OF AN OWNER TO REMODEL THE INTERIOR OF HIS UNIT, OR TO PAINT THE INTERIOR OF HIS UNIT ANY COLOR DESIRE; PROVIDED, MODIFICATION OR ALTERATIONS TO THE INTERIOR OF SCREENED PORCHES, PATIOS AND SIMILAR PORTIONS OF A UNIT VISIBLE FROM OUTSIDE THE UNIT SHALL BE SUBJECT TO APPROVAL HEREUNDER. IN THE EVENT THAT THE MC FAILS TO APPROVE OR DISAPPROVE SUCH PLANS OR TO REQUEST ADDITIONAL INFORMATION REASONABLY REQUIRED WITHIN FORTY-FIVE (45) DAYS AFTER SUBMISSION, THE PLANS SHALL BE DEEMED APPROVED.

SECTION 3. NO WAIVER OF FUTURE APPROVALS.

tHE APPROVAL OF EITHER THE NCC OR MC OF ANY PROPOSALS OR PLANS AND SPECIFICATIONS OR DRAWINGS FOR ANY WORK DONE OR PROPOSED, OR IN CONNECTION WITH ANY OTHER MATTER REQUIRING THE APPROVAL AND CONSENT OF SUCH COMMITTEE, SHALL NOT BE DEEMED TO CONSTITUTE A WAIVER OF ANY RIGHT TO WITHHOLD APPROVAL OR CONSENT AS TO ANY SIMILAR PROPOSALS, PLANS AND SPECIFICATIONS, DRAWINGS, OR MATTERS WHATSOEVER SUBSEQUENTLY OR ADDITIONALLY SUBMITTED FOR APPROVAL OR CONSENT.

SECTION 4. VARIENCE

THE NCC MAY AUTHORIZE VARIANCES FROM COMPLIANCE WITH ANY OF ITS GUIDELINES AND PROCEDURES WHEN CIRCUMSTANCES SUCH AS TOPOGRAPHY, NATURAL OBSTRUCTIONS, HARDSHIP, OR AESTHETIC OR ENVIRONMENTAL CONSIDERATIONS REQUIRE, BUT ONLY IN ACCORDANCE WITH DULY ADOPTED RULES AND REGULATIONS. SUCH VARIANCES MAY ONLY BE GRANTED, HOWEVER, WHEN UNIQUE CIRCUMSTANCES DICTATE AND NO VARIANCE SHAL (A) BE EFFECTIVE UNLESS IN WRITING; (B) BE CONTRARY TO THE RESTRICTONS SET FORTH IN THE BODY OF THIS DECLARATION' OR (C) STOP THE COMMITTEE FROM DENYING A VARIANCE IN OTHER CIRCUMSTANCES. FOR PURPOSES OF THIS SECTION, THE INABILITY TO OBTAIN APPROVAL OF ANY GOVERNMENTAL AGENCY, THE ISSUANCE OF ANY PERMIT, OR THE TERMS OF ANY FINANCING SHALL NOT BE CONSIDERED A HARDSHIP WARRANTING A VARIANCE.

SECTION 5 COMPLIANCE

ANY CONTRACTOR, SUBCONTRACTOR, AGENT, EMPLOYEE OR OTHER INVITEE OF AN OWNER WHO FAILS TO COMPLY WITH THE TERMS AND PROVISIONS OF THE GUIDELINES AND PROCEDURES PROMULGATED BY THE NCC OR MC MAY BE EXCLUDED BY THE BOARD FROM THE PROPERTIES WITHOUT LIABILITY TO ANY PERSON, SUBJECT TO THE NOTICE AND HEARING PROCEDURES CONTAINED IN ARTICLE III, SECTION 22 OF THE BY-LAWS.

ARTICLE XII USE RESTRICTIONS

THE PROERTIES SHALL BE USED ONLY FOR RESIDENTIAL, RECREATIONAL, AND RELATED PURPOSES (WHICH MAY INCLUDE, WITHOUT LIMITATION, OFFICES FOR ANY PROPERTY MANAGER RETAINED BY THE ASSOCIATION OR BUISNESS OFFICES FOR THE DECLARANT OR THE ASSOCIATION) AS MAY MORE PARTICULARLY BE SET FORTH IN THIS DECLARATION AND AMENDMENTS HERETO. ANY SUPPLEMENTAL DECLARATION OR ADDITIONAL COVENANTS IMPOSED ON THE PROPERTY WITHIN ANY NEIGHBORHOOD MAY IMPOSE STRICTER STANDARDS THAN THOSE CONTAINED IN THIS ARTICLE. THE ASSOCIATION, ACTING THROUGH ITS BOARD OF DIRECTORS, SHALL HAVE STANDING AND THE POWER TO ENFORCE SUCH STANDARDS.

THE ASSOCIATION, ACTING THROUGH ITS BOARD OF DIRECTORS, SHALL HAVE AUTHORITY TO MAKE AND TO ENFORCE STANDARDS AND RESTRICTIONS GOVERNING THE USE OF THE PROPERTIES, IN ADDITION TO THOSE CONTAINED HEREIN, AND TO IMPOSE REASONABLE USER FEES FOR THE USE OF COMMON AREA FACILITIES. SUCH REGULATIONS AND USE RESTRICTIONS SHALL BE BINDING UPON ALL OWNERS AND OCCUPANTS UNTIL AND UNLESS OVERRULED, CANCELED OR MODIFIED IN A REGULAR OR SPECIAL MEETING OF THE ASSOCIATION BY THE VOTE OF VOTING MEMBERS REPRESENTING A MAJORITY OF THE TOTAL VOTES IN THE ASSOCIATION AND BY THE CLASS 'B' MEMBER, SO LONG AS SUCH MEMBERSHIP SHALL EXIST. NOTWITHSTANDING ANYTHING TO THE CONTRARY HERIN, THE DECLARANT SHALL BE EXEMPT FROM APPLICATION OF THE PROVISIONS OF THIS ARTICLE XII SO LONG AS IT OWNS ANY PROPERTY DESCRIBED IN EXHIBIT 'A' PRIMARILY FOR DEVELOPMENT AND/OR RESALE.

SECTION 1. SIGNS

NO SIGN, BILLBOARD OR ADVERTISEMENT OF ANY KIND,INCLUDING, WITHOUT LIMITATION, THOSE OF REALTORS, CONTRACTORS AND SUBCONTRACTORS, SHALL BE ERECTED WITHIN THE PROPERTIES WITHOUT THE WRITTEN CONSENT OF THE BOARD OF DIRECTORS, EXCEPT AS MAY BE REQUIRED BY LEGAL PROCEEDINGS. THE BOARD OF DIRECTORS SHALL NOT GRANT PERMISSION TO ERECT SIGNS ON ANY UNIT AFTER SUCH UNIT IS IMPROVED AND SOLD BY THE BUILDER UNLESS THEIR ERECTION IS REASONABLY NECESSARY TO ADVERT SERIOUS HARDSHIP TO THE OWNER. IF PERMISSION IS GRANTED TO ANY OWNER TO ERECT A SIGN WITHIN THE PROPERTIES, THE BOARD RESERVES THE RIGHT TO RESTRICT THE SIZE, COLOR, LETTERING AND LOCATION OF SUCH SIGN. THE BOARD OF DIRECTORS OR DECLARANT SHALL HAVE THE RIGHT TO ERECT SIGNS AS THEY, IN THEIR DISCRETION, DEEM APPROPRIATE. UNDER NO CIRCUMSTANCES SHALL SIGNS, FLAGS, BANNERS OR SIMILAR ITEMS ADVERTISING OR PROVIDING DIRECTIONAL INFORMATION WITH RESPECT TO ACTIVITIES BEING CONDUCTED OUTSIDE THE PROPERTIES BE PERMITTED WITHIN THE PROPERTIES. NO SIGN SHALL BE NAILED OR OTHERWISE ATTACHED TO TREES.

(A) PARKING

SUBJECT TO THE PROVISIONS OF ARTICLE XVI, SECTION 3 HEREOF, VEHICLES SHALL BE PARKED ONLY IN THE GARAES OR IN THE DRIVEWAYS, IF ANY, SERVING THE UNITS OR IN APPROPRIATE SPACES OR DESIGNATED AREAS IN WHICH PARKING MAY OR MAY NOT BE ASSIGNED AND THEN SUBJECT TO SUCH REASONABLE RULES AND REGULATIONS AS THE BOARD OF DIRECTORS, OR ANY NEIGHBORHOOD HAVING CONCURRENT JURISDICTION OVER PARKING AREAS WITHIN THE NEIGHBORHOOD MAY ADOPT. NOTWITHSTANDING THE ABOVE, NO MORE THAN TWO (2) VEHICLES SHALL BE PARKED IN THE DRIVEWAY SERVING THE UNIT ON A REGULAR BASIS. FOR PURPOSES OF THIS SECTION, A CAR SHALL BE DEEMED PARKED ON A 'REGULAR BASIS' IF PARKED IN SUCH DRIVEWAY MORE THAN SEVETY-TWO (72) HOURS IN ANY SEVEN DAY PERIOD WITHOUT PRIOR APPROVAL OF THE BOARD. GARAGE DOORS SHALL REMAIN CLOSED AT ALL TIMES EXCEPT DURING INGRESS AND EGRESS.

(B) PROHIBITED VEHICLES

COMMERCIAL VEHICLES, VEHICLES WITH COMMERCIAL WRITING ON THEIR EXTERIORS, VEHICLES PRIMARILY USED OR DESIGNED FOR COMMERCIAL PURPOSES,PICK-UP TRUCKS, TRACTORS, MOBILE HOMES, RECREATIONAL VEHICLES, TRAILERS (EITHER WITH OR WITHOUT WHEELS), CAMPERS, CAMPER TRAILERS, BOATS AND OTHER WATERCRAFT, AND BOAT TRAILERS SHALL BE PARKED ONLY IN ENCLOSED GARAGES OR OTHER AREAS, IF ANY, DESIGNATED BY THE BOARD OR BY THE NEIGHBORHOOD HAVING JURISDICTION OVER PARKING AREAS, WITHIN A PARTICULAR NEIGHBORHOOD. STORED VEHICLES AND VEHICLES WHICH ARE EITHER OBVIOUSLY INOPERABLE OR DO NOT HAVE CURRENT OPERATING LICENSES SHALL NOT BE PERMITTED ON ANY UNIT EXEPT WITHIN ENCLOSED GARAGES. FOR PURPOSES OF THIS SECTION, A VEHICLE SHALL BE CONSIDERED 'STORED' IF IT IS PUT UP ON BLOCKS OR COVERED WITH A TARPAULIN AND REMAINS ON BLOCKS OR SO COVERED FOR FOURTEEN (14) CONSECUTIVE DAYS WITHOUT THE PRIOR APPROVAL OF THE BOARD.

(C) DELIVERY AND SERVICE VEHICLES

NOTWITHSTANDING THE FOREGOING, SERVICE AND DELIVERY VEHICLES MAY BE PARKED IN THE DRIVEWAY OF A UNIT DURING DAYLIGHT HOURS FOR SUCH PERIOD OF TIME AS IS REASONABLY NECESSARY TO PROVIDE SERVICE OR MAKE A DELIVERY TO THE UNIT. ANY VEHICLE WHICH IS PARKED IN VIOLATION OF THIS SECTION 2 OR PARKING RULES PROMULGATED BY THE BOARD MAY BE TOWED IN ACCORDANCE WITH ARTICLE III, SECTION 22 OF THE BY-LAWS.

SECTION 3- OCCUPANTS BOUND

ALL PROVISIONS OF THE DECLARATION, BY-LAWS AND OF ANY RULES AND REGULATIONS OR USE RESTRICTIONS PROMULGATED PURSUANT THERETO WHICH GOVERN THE CONDUCT OF OWNERS AND WHICH PROVIDE FOR SANCTIONS AGAINST OWNERS SHALL ALSO APPLY TO ALL OCCUPANTS, GUESTS AND INVITEES OF ANY UNIT. EVERY OWNER SHALL CAUSE ALL OCCUPANTS OF HIS OR HER UNIT TO COMPLY WITH THE DECLARATION, BY-LAWS, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO, AND SHALL BE RESPONSIBLE FOR ALL VIOLATIONS AND LOSSES TO THE COMMON AREAS CAUSED BY SUCH OCCUPANTS, NOTWITHSTANDING THE FACT THAT SUCH OCCUPANTS OF A UNIT ARE FULLY LIABLE AND MAY BE SANCTIONED FOR ANY VIOLATION OF THE DECLARATION, BY-LAWS, AND RULES AND REGULATIONS ADOPTED PURSUANT THERETO.

SECTION 4 ANIMALS AND PETS

NO ANIMALS, LIVESTOCK, OR POULTRY OF ANY KIND SHALL BE RAISED, BRED, OR KEPT ON ANY PORTION OF THE PROPERTIES, EXCEPT THAT DOGS, CATS, OR OTHER USUAL AND COMON HOUSEHOLD PETS NOT TO EXCEED A TOTAL OF FORU (4) MAY BE PERMITTED IN A UNIT. HOWEVER, THOSE PETS WHICH ARE PERMITTED TO ROAM FREE, OR, AT THE SOLE DISCRETION OF THE ASSOCIATION, ENDANGER THE HEALTH, MAKE OBJECTIONABLE NOISE, OR CONSTITUTE A NUISANCE OR INCONVENIENCE TO THE OWNERS OF OTHER UNITS OR THE OWNER OF ANY PORTION OF THE PROPERTIES SHALL BE REMOVED UPON REQUEST OF THE BOARD; IF THE OWNER FAILS TO HONOR SUCH REQUEST, THE PET MAY BE REMOVED BY THE BOARD. NO PETS SHALL BE KEPT, BRED, OR MAINTAINED FOR ANY COMMERCIAL PURPOSE. HOUSEHOLD PETS SHALL AT ALL TIMES WHENEVER THEY ARE OUTSIDE A UNIT BE CONFINED ON A LEASH HELD BY A RESPONSILBE PERSON.

SECTION 5- ANNOYANCES

NO PORTION OF THE PROPERTIES SHALL BE USED, IN WHOLE OR IN PART, FOR THE STORAGE OF ANY PROPERTY OR THING THAT WILL CAUSE IT TO APPEAR TO BE IN AN UNCLEAN OR UNTIDY CONDITION, OR THAT WILL BE OBNOXIOUS TO THE EYE' NOR SHALL ANY SUBSTANCE, THING, OR MATERIAL BE KEPT UPON ANY PORTION OF THE PROPERTIES THAT WILL EMIT FOUL OR OBNOXIOUS ODORS OR THAT WILL CAUSE ANY NOISE OR OTHER, CONDITION THAT WILL OR MIGHT DISTURB THE PEACE, QUIET, SAFETY, COMFORT, OR SERENITY OF THE OCCUPANTS OF SURROUNDING PROPERTY. NO NOXIOUS, ILLEGAL OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON UPON ANY PORTION, OR THE PROPERTIES, NOR SHALL ANYTHING BE DONE THEREON TENDING TO CAUSE EMBARRASSMENT, DISCOMFORT, ANNOYANCE, OR NUISANCE TO ANY PERSON USING ANY PORTION OF THE PROPERTIES. THERE SAHLL NOT BE MAINTAINED ANY PLANTS OR ANIMALS OR DEVICE OR THING OF ANY SORT WHOSE ACTIVITIES OR EXISTENCE IN ANY WAY IS NOXIOUS, DANGEROUS, OR DESTROYS THE ENJOYMENT OF THE PROPERTIES. NO OUTSIDE BURNING OF WOOD, LEAVES, TRASH, GARBAGE OR HOUSEHOLD REFUSE SHALL BE PERMITTED WITHIN THE PROPERTIES.

SECTION 6 UNSIGHTLY OR UNKEMPT CONDITIONS

IT SHALL BE THE RESPONSIBILITY OF EACH OWNER TO PREVENT THE DEVELOPMENT OF ANY UNCLEAN, UNHEALTHY, UNSIGHTLY, OR UNKEMPT CONDITION ON HIS OR HER UNIT. THE PURSUIT OF HOBBIES OR OTHER ACTIVITIES, INCLUDING SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ASSEMBLY AND DISASSEMBLY OF MOTOR VEHICLES AND OTHER MECAHNICAL DEVICES, WHICH MIGHT TEND TO CAUSE DISORDERLY, UNSIGHTLY, OR UNKEMPT CONDITIONS, SHALL NOT BE PURSUED OR UNDERTAKEN ON ANY PART OF THE PROPERTIES.

SECTION 7 ANTENNAS

NO EXTERIOR ANTENNAS, AERIALS, SATELLITE DISHES, OR OTHER APPARATUS FOR THE TRANSMISSION OF TELEVISION, RADIO, OR OTHER SIGNALS OF ANY KIND SHALL BE PLACED, ALLOWED OR MAINTAINED UPON ANY PORTION OF THE PROPERTIES, INCLUDING ANY UNIT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE BOARD OR ITS DESIGNEE. THE DECLARANT AND/OR THE ASSOCIATION SHALL HAVE THE RIGHT, WITHOUT OBLIGATION, TO ERECT AN AERIAL, SATELLITE DISH, OR OTHER APPARATUS FOR A MASTHER ANTENNA OR CABLE SYSTEM FOR THE BENEFIT OF ALL, OR A PORTION OF THE PROPERTIES, SHOULD ANY SUCH MASTER SYSTEM OR SYSTEMS BE UTILIZED BY THE ASSOCIATION AND REQUIRE ANY SUCH EXTERIOR APPARATUS.

SECTION 8 BASKETBALL EQUIPMENT,
CLOTHESLINES, GARBAGE CAN,
TANK, ETC.

ALL BASKETBALL HOOPS AND BACKBOARDS, CLOTHESLINES, GARBAGE CANS, STORAGE TANKS, MECHANICAL EQUIPMENT AND OTHER SIMILAR ITEMS SHALL BE LOCATED OR SCREENED SO AS T BE CONCEALED FROM VIEW OF NEIGHBORING UNITS, STREETS, AND PROPERTY LOCATED ADJACENT TO THE UNIT. ALL RUBISH, TRASH, AND GARBAGE SHALL BE STORED IN APPROPRIATE CONTAINERS WITH LIDS AND REGULARILY REMOVED FROM THE PROPERTIES AND SHALL NOT BE ALLOWED TO ACCUMULATE THEREON. NO GARBAGE, TRASH, OR DEBRIS SHALL BE LEFT AT CURBS WHILE AWAITING PICKUP; GARBAGE COLLECTION SHALL BE ARRANGED ON A REAR-YARD PICKUP BASIS ONLY.

SECTION 9 SUBDIVISION OF UNIT AND TIME
SHARING

NO UNIT SHALL BE SUBDIVIDED OR ITS BOUDARY LINES CHANGED EXCEPT WITH THE PRIOR WRITTEN APPROVAL OF THE BOARD OF DIRECTORS OF THE ASSOCIATION. THE BOARD MAY PERMIT A DIVISION IN OWNERSHIP OF ANY UNIT INTENDED FOR A SINGLE FAMILY DETATCHED RESIDENCE, AS SHOWN ON A SUBDIVISION PLAT, BUT SOLELY FOR THE PURPOSE OF INCREASING THE SIZE OF THE ADJACENT UNITS. IN THE EVENT OF A DIVISION IN OWNERSHIP OF ANY UNIT, THE OWNERS AMONG WHOM THE OWNERSHIP ID DIVIDED SHALL BE TREATED AS CO-OWNERS OF THE DIVIDED UNIT FOR PURPOSED OF VOTING AND SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ALL ASSESSMENTS AGAINST THE UNIT HEREUNDER. DECLARANT HEREBY EXPRESSLY RESERVES THE RIGHT TO REPLAT ANY UNIT OR UNITS OWNED BY DECLARANT. ANY SUCH DIVISION, BOUNDARY LINE CHANGE, OR REPLATTING SHALL NOT BE IN VIOLATION OF THE APPLICABLE SUBDIVISION AND ZONING REGULATIONS.

NO UNIT SHALL BE MADE SUBJECT TO ANY TYPE OF TIMESHARE PROGRAM, INTERVAL OWNERSHIP OR SIMILAR PROGRAM WHEREBY THE RIGHT TO EXCLUSIVE USE OF THE UNIT ROTATES AMONG MULTIPLE OWNERS OR MEMBERS OF THE PROGRAM ON A FIRST OR FLOATING TIME SCHEDULE OVER A PERIOD OF YEARS, EXCEPT THAT THE DECLARANT HEREBY RESERVES THE RIGHT FOR ITSELF AND ITS ASSIGNS TO OPERATE SUCH A PROGRAM WITH RESPECT TO UNITS WHICH IT OWNS. THIS SECTION SHALL NOT PROHIBIT OWNERSHIP OF A UNIT BY UP TO FOUR(4) JOINT TENANTS OR TENANTS-IN-COMMON.

SECTION 10 FIREARMS

THE DISCHARGE OF FIREARMS WITHIN THE PROPERTIES IS PROHIBITED EXCEPT WITH THE PRIOR APPROVAL OF THE BOARD OF DIRECTORS. THE TERM 'FIREARMS' INCLUDES 'B-B GUNS, PELLET GUNS, AND OTHER FIREARMS OF ALL TYPES, REGARDLESS OF SIZE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE BY-LAWS, THE ASSOCIATION SHALL NOT BE OBLIGATED TO TAKE ACTION TO ENFORCE THIS SECTION.

SECTION 11 POOLS

NO ABOVE-GROUND POOLS SHALL BE ERECTED, CONSTRUCTED OR INSTALLED ON ANY UNIT.

SECTION 12 IRRIGATION

NO SPRINKLER OR IRRIGATION SYSTEMS OF ANY TYPE WHICH DRAW UPON WATER FROM CREEKS, STREAMS, RIVERS, LAKES, PONDS, WETLANDS, CANALS OR OTHER GROUND OR SURFACE WATERS WITHIN THE PROPERTIES SHALL BE INSTALLED, CONSTRUCTED OR OPERATED WITHIN THE PROPERTIES BY ANY PERSON, OTHER THAN THE ASSOCIATION, UNLESS PRIOR WRITTEN APPROVAL HAS BEEN RECEIVED FROM THE NCC. ALL SPRINKLER AND IRRIGATION SYSTEMS SHALL BE SUBJECT TO APPROVAL IN ACCORDANCE WITH ARTICLE XI OF THIS DECLARATION. PROVIDED, HOWEVER, THIS SECTION 12 SHALL NOT APPLY TO THE DECLARANT, AND IT MAY NOT BE AMENDED WITHOUT DECLARANT'S WRITTEN CONSENT SO LONG AS DECLARANT HAS THE RIGHT TO ADD PROPERTY IN ACCORDANCE WITH ARTICLE VIII, SECTION 1.

SECTION 13 TENTS, TRAILERS AND TEMPORARY
STRUCTURES.

EXCEPT AS MAY BE PERMITTED BY THE NCC DURING INITIAL CONSTRUCTION WITHIN THE PROPERTIES, NO TENT, UTILITY SHED, SHACK, TRAILER OR OTHER STRUCTURE OF A TEMPORARY NATURE SHALL BE PLACED UPON ANY UNIT.

SECTION 14 DRAINAGE

CATCH BASINS AND DRAINAGE AREAS ARE FOR THE PURPOSE OF NATURAL FLOW OF WATER ONLY. NO OBSTRUCTIONS OR DEBRIS SHALL BE PLACED IN THESE AREAS. NO PERSON OTHER THAN DECLARANT OR THE ASSOCIATION MAY OBSTRUCT OR RECHANNEL THE DRAINAGE FLOWS AFTER LOCATION AND INSTALLATION OF DRAINAGE SWALES, STORM SEWERS, OR STORM DRAINS. DECLARANT HEREBY RESERVES FOR ITSELF AND THE ASSOCIATION OF PERPETUAL EASEMENT ACROSS THE PROPERTIES FOR THE PURPOSE OF ALTERING DRAINAGE AND WATER FLOW.

SECTION 15 TREE REMOVAL

NO TREES SHALL BE REMOVED EXCEPT FOR DISEASED OR DEAD TREES AND TREES NEEDING TO BE REMOVED TO PROMOTE THE GROWTH OF OTHER TREES OR FOR SAFETY REASONS, UNLESS APPROVED IN ACCORDANCE WITH ARTICLE XI OF THIS DECLARATION.

SECTION 16 SIGHT DISTANCE AT INTERSECTION

ALL PROPERTY LOCATED AT STREET INTERSECTIONS SHALL BE LANDSCAPED SO AS TO PERMIT SAFE SIGHT ACROSS THE STREET CORNERS. NO FENCE, WALL HEDGE, OR SHRUB PLANTING SHALL BE PLACED OR PERMITTED TO REMAIN WHERE IT WOULD CREATE A TRAFFIC OR SIGHT PROBLEM.

SECTION 17 UTILITY LINES

NO OVERHEAD UTILITY LINES, INCLUDING LINES FOR CABLE TELEVISION, SHALL BE PERMITTED WITHIN THE PROPERTIES, EXCEPT FOR TEMPORARY LINES AS REQUIRED DURING CONSTRUCTION AND HIGH VOLTAGE LINES IF REQUIRED BY LAW OR FOR SAFETY PURPOSES.

SECTION 18 AIR CONDITIONING UNITS

EXCEPT AS MAY BE PERMITTED BY THE BOARD OR ITS DESIGNEE, NO WINDOW AIR CONDITIONING UNITS MAY BE INSTALLED IN ANY UNIT.

SECTION 19 LIGHTING

EXCEPT FOR SEASONAL CHRISTMAS DECORATIVE LIGHTS, WHICH MAY BE DISPLAYED BETWEEN DECEMBER 1 AND JANUARY 10 ONLY, ALL EXTERIOR LIGHTS MUST BE APPROVED IN ACCORDANCE WITH ARTICLE XI OF THIS DECLARATION.

SECTION 20 ARTIFICIAL VEGETATION, EXTERIOR
SCULPTURE, AND SIMILAR ITEMS.

NO ARTIFICIAL VEGETATION SHALL BE PERMITTED ON THE EXTERIOR OF ANY PORTION OF THE PROPERTIES. EXTERIOR SCULPTURE , FOUNDATIONS, FLAGS, AND SIMILAR ITEMS MUST BE APPROVED IN ACCORDANCE WITH ARTICLE XI OF THIS DECLARATION.

SECTION 21 ENERGY CONSERVATION EQUIPTMENT

NO SOLAR ENERGY COLLECTOR PANELS OR ATTENDANT HARDWARE OR OTHER ENERGY CONSERVATION EQUIPMENT SHALL BE CONSTRUCTED OR INSTALLED ON ANY UNIT UNLESS IT IS AN INTEGRAL AND HARMONIOUS PART OF THE ARCHITECTURAL DESIGN OF A STRUCTURE, AS DETERMINED IN THE SOLE DISCRETION OF THE APPROPRIATE COMMITTEE PURSUANT TO ARTICLE XI HEREOF. UNDER NO CIRCUMSTANCES SHALL SOLAR PANELS BE INSTALLED SO AS TO BE VISIBLE FROM ANY STREET IN THE PROPERTIES.

SECTION 22 WETLANDS, LAKES AND WATER
BODIES.

ALL WETLANDS WITHN THE PROPERTIES SHALL BE LEFT IN THEIR NATURAL STATE AND NO ALTERATION THEREOF OR CONSTRUCTION THEREON SHALL BE PERMITTED. ALL LAKES, PONDS, AND STREAMS WITHIN THE PROPERTIES, IF ANY, SHALL BE AESTHETIC AMENITIES ONLY, AND NO OTHER USE BE PERMITTED. NOTWITHSTANDING THE ABOVE, THE BOARD OF DIRECTORS MAY PERMIT BOATING AND FISHING BY OWNER OCCUPANTS OF UNITS AND THEIR ACCOMPANIED GUESTS SUBJECT TO RULES AND REGULATIONS ESTABLISHED BY THE BOARD. THE ASSOCIATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO ANY PERSON OR PROPERTY ARISING OUT OF THE AUTHORIZED OR UNAUTHORIZED USE OF LAKES, PONDS, OR STREAMS WITHIN THE PROPERTIES.

SECTION 23 PLAYGROUND

ANY PLAYGROUND OR OTHER PLAY AREAS OR EQUIPMENT FURNISHED BY THE ASSOCIATION OR ERECTED WITHIN THE PROPERTIES SHALL BE USED AT THE RISK OF THE USER, AND THE ASSOCIATION SHALL NOT BE HELD LIABLE TO ANY PERSON FOR ANY CLAIM , DAMAGE OR INJURY OCCURRING THEREON OR RELATED TO USE THEREOF.

SECTION 24 FENCES

NO DOG RUNS, ANIMAL PENS OR FENCES OF ANY KIND SHALL BE PERMITTED ON ANY UNIT EXCEPT AS APPROVED IN ACCORDANCE WITH ARTICLE XI OF THIS DECLARATION.

SECTION 25 BUSINESS USE

NO TRADE OR BUSINESS MAY BE CONDUCTED IN OR FROM ANY UNIT, EXCEPT THAT AN OWNER OR OCCUPANT RESIDING IN A UNIT MAY CONDUCT BUSINESS ACTIVITIES WITHIN THE UNIT SO LONG AS: (A) THE EXISTANCE OR OPERATION OF THE BUSINESS ACTIVITY IS NOT APPARENT OR DETECTABLE BY SIGHT, SOUND OR SMELL FROM OUTSIDE THE UNIT; (B) THE BUSINESS ACTIVITY CONFORMS TO ALL ZONING REQUIREMENTS FOR THE PROPERTY; (C) THE BUSINESS ACTIVITY DOES NOT INVOLVE PERSONS COMING ONTO THE PROPERTIES WHO DO NOT RESIDE IN THE PROPERTIES OR DOOR-TO-DOOR SOLICITATION OF RESIDENTS OF THE PROPERTIES; AND (D) THE BUSINESS ACTIVITY IS CONSISTENT WITH THE RESIDENTIAL CHARACTER OF THE PROPERTIES AND DOES NOT CONSTITUTE A NUISANCE OR A HAZARDOUS OR OFFENSIVE USE, OR THREATEN THE SECURITY OR SAFETY OF OTHER RESIDENTS OF THE PROPERTIES, AS MAY BE DETERMINED IN THE SOLE DISCRETION OF THE BOARD.

THE TERMS 'BUSINESS' AND 'TRADE', AS USED IN THIS PROVISION, SHALL BE CONSTRUED TO HAVE THEIR ORDINARY, GERERALLY ACCEPTED MEANINGS, AND SHALL INCLUDE, WITHOUT LIMITATION, ANY OCCUPATION, WORK OR ACTIVITY UNDERTAKEN ON AN ONGOING BASIS WHICH INVOLVES THE PROVISION OF GOODS OR SERVICES TO PERSONS, OTHER THAN THE PROVIDER'S FAMILY AND FOR WHICH THE PROVIDER RECEIVES A FEE, COMPENSATION, OR OTHER FORM OF CONSIDERATION, REGARDLESS OF WHETHER; (i) SUCH ACTIVITY IS ENGAGED IN FULL OR PART-TIME; (ii) SUCH ACTIVITY IS INTENDED TO OR DOES GENERATE A PROFIT; OR (iii) A LICENSE IS REQUIRED THEREFOR. NOTWITHSTANDING THE ABOVE, THE LEASING OF A UNIT SHALL NOT BE CONSIDERED A TRADE OR BUSINESS WITHIN THE MEANING OF THIS SECTION. THIS SECTION SHALL NOT APPLY TO ANY ACTIVITY CONDUCTED BY THE DECLARANT WITH RESPECT TO ITS DEVELOPMENT AND SALE OF THE PROPERTIES OR ITS USE OF ANY UNITS WHICH IT OWNS WITHIN THE PROPERTIES, INCLUDING THE OPERATION OF A TIMESHARE OR SIMILAR PROGRAM.

SECTION 26 ON SITE FUEL STORAGE

NO ON-SITE STORAGE OF GASOLINE OR OTHER FUELS SHALL BE PERMITTED ON ANY PART OF THE PROPERTIES EXCEPT THAT UP TO FIVE (5) GALLONS OF FUEL MAY BE STORED ON EACH UNIT FOR EMERGENCY PURPOSES AND OPERATION OF LAWN MOWERS AND SIMILAR TOOLS OR EQUIPTMENT, AND THE ASSOCIATION SHALL BE PERMITTED TO STORE FUEL FOR OPERATION OF MAINTENANCE VEHICLES, GERERATORS AND SIMILAR EQUIPTMENT. NOTWITHSTANDING THIS PROVISION, UNDERGROUND FUEL TANKS FOR STORAGE OF HEATING FUEL FOR DWELLINGS, POOLS, GAS GRILLS AND SIMILAR EQUIPTMENT MAY BE PERMITTED IF APPROVED IN ACCORDANCE WITH ARTICLE XI.

SECTION 27 GOLF CARTS

NO GASOLINE-POWERED GOLF CARTS SHALL BE OPERATED WITHIN THE PROPERTIES EXCEPT AS MAY BE OWNED AND OPERATED BE THE DECLARANT OR THE ASSOCIATION. AL OTHER GOLF CARTS SHALL BE POWERED BY ELECTRICITY OR BY SIMILAR NON-COMBUSTIN MEANS. GOLF CARTS SHALL BE STORED ONLY IN GARAGES SERVING THE OWNER'S UNIT OR OTHER AREAS; SPECIFICALLY DESIGNATED BY THE BOARD, AS GOLF CART PARKING AREAS. NO GOLF CART SHALL BE PLACED, APRKED OR STORED ON THE LAWN F ANY UNIT.

SECTION 28 LEASING OF UNITS

(A) DEFINITION. 'LEASING', FOR PURPOSES OF THIS DECLARATION, IS DEFINED AS REGULAR, EXCLUSIVE OCCUPANCY OF A UNIT BY ANY PERSON OR PERSONS OTHER THAN THE OWNER, FOR WHICH THE OWNER RECEIVES ANY CONSIDERATION OR BENEFIT, INCLUDING, BUT NOT LIMITED TO A FEE, SERVICE, GRATUITY, OR EMOLUMENT.

(B) LEASING PROVISIONS

(i) GENERAL. UNITS MAY BE RENTED ONLY IN THEIR ENTIRETY; NO FRACTION OR PORTION MAY BE RENTED. THERE SHALL BE NO SUBLEASING OF UNITS OR ASSIGNMENT OF LEASES UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE BOARD OF DIRECTORS. NO TRANSIENT TENANTS MAY BE ACCOMMODATED IN A UNIT. ALL LEASES SHALL BE IN WRITING EXCEPT WITH THE PRIOR WRITTEN CONSENT OF THE BOARD OF DIRECTORS. NO UNIT MAY BE SUBJECT TO MORE THAN ONE(1) LEASE IN ANY TWELVE (12) MONTH PERIOD, REGARDLESS OF THE LEASE TERM. THE OWNER MUST MAKE AVAILAGLE TO THE LESSEE COPIES OF THE DECLARATION BY-LAWS, AND THE RULES AND REGULATIONS.

(ii) APPROVAL OF BOARD. ALL LEASES SHALL BE SUBMITTED TO THE BOARD OF DIRECTORS FOR APPROVAL PRIOR TO BECOMING EFFECTIVE. THE BOARD MAY REQUIRE ADDITIONAL INFORMATION SUCH AS NAMES OF THE PROPOSED OCCUPANTS OF THE UNIT AND OTHER INFORMATION RELATING TO THE PROPOSED LEASE, AND MAY REQUIRE A FACE-TO-FACE CONFERENCE WITH THE PROPOSED OCCUPANTS OF THE UNIT PRIOR TO APPROVING ANY LEASE. THE BOARD SHALL APPROVE OR DISAPPROVE EACH LEASE WITHIN THIRTY (30) DAYS OF SUBMISSION OF ALL INFORMATION REQUIRED HEREIN OR THE LEASE SHALL BE DEEMED APPROVED. DISAPPROVAL MAY BE BASED ONLY UPON FAILURE OF THE OWNER OR THE PROPOSED LEASE TO COMPLY WITH THE REQUIREMENTS AND RESTRICTIONS CONTAINED HEREIN AND NOTHING HEREIN SHALL BE CONSTRUED TO GIVE THE BOARD ANY RIGHT TO DISAPPROVE THE PROPOSED TENANT, OR TO CREATE A RIGHT OF FIRST REFUSAL IN ANY PERSON. IN THE EVENT OF DISAPPROVAL, THE LEASE SHALL NOT TAKE EFFECT UNITLL SUCH DEFICIENCIES ARE CORRECTED AND A REVISED LEASE SUBMITTED AND APPROVED BY THE BOARD.

(iii) COMPLIANCE WITH DECLARATION, BY-LAWS AND RULES AND REGULATIONS: EVERY OWNER SAHLL CAUSE ALL OCCUPANTS OF HIS OR HER UNIT TO COMPLY WITH THE DECLARATION, BY-LAWS, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO, AND SHALL BE RESPONSIBLE FOR ALL VIOLATIONS AND LOSSED TO THE COMMON AREAS CAUSED BY SUCH OCCUPANTS; NOTWITHSTANDING THE FACT THAT SUCH OCCUPANTS OF A UNIT ARE FULLY LIABLE AND MAY BE SANCTIONED FOR ANY VIOLATION OF THE DECLARATION, BY-LAWS, AND RULES AND REGULATIONS ADOPTED PURSUANT THERETO.

SECTION 29. STORM PRECAUTIONS

NO HURRICANE OR STORM SHUTTERS SHALL BE PERMANENTLY INSTALLED ON ANY STRUCTURE ON A UNIT UNLESS FIRST APPROVED IN ACCORDANCE WITH ARTICLE XI HEREOF. HURRICANE OR STORM SHUTTERS MAY BE INSTALLED TEMPORARILY, AND OTHER STORM PRECAUTIONS MAY BE TAKEN TO PROTECT STRUCTURES ON A UNIT, WHILE THE THREAT OF A HURRICANE OR SIMILAR STORM IS IMMINENT: PROVIDED, ALL SUCH SHUTTERS AND OTHER EXTERIOR ALERATION OR ADDITIONS MADE AS A SORM PRECAUTION SHALL BE PROMPTLY REMOVED ONCE THE STORM OR IMMINENT THREAT OF THE STORM HAS PASSED.

SECTION 30 PLAY EQUIPMENT, STROLLERS, ETC.

ALL BICYCLES, TRICYCLES, SCOOTERS SKATEBOARDS, AND OTHER PLAY EQUIPMENT, WADING POOLS, BABY STROLLERS AND SIMILAR ITEMS SHALL BE STORED SO AS NOT TO BE VISIBLE FROM THE STREETS OR PROPERTY ADJACENT TO THE UNIT. NO SUCH ITEMS SHALL BE ALLOWED TO REMAIN ON THE COMMON AREA OR ON UNITS SO AS TO BE VISIBLE FROM ADJACENT PROPERTY WHEN NOT IN USE. NOTWITHSTANDING THE ABOVE, THE BOARD MAY, BUT SHALL NOT BE OBLIGATED TO, PERMIT SWING SETS AND SIMILAR PERMANENT PLAYGROUND EQUIPMENT TO BE ERECTED ON UNITS PROVIDED IT IS APPROVED IN ACCORDANCE WITH ARTICLE XI HEREOF.

SECTION 31 WINDOW COVERINGS

ALL WINDOWS ON ANY STRUCTURE WHICH ARE VISIBLE FROM THE STREET OR DWELLINGS ON OTHER UNITS SHALL HAVE WINDOW COVERINGS WHICH HAVE A WHITE OR OFF-WHITE BACKING OR BLEND WITH THE EXTERIOR COLOR OF THE DWELLING, AS DETERMINED IN THE SOLE SISCRETION OF THE MODIFICATIONS COMMITTEE AFTER APPLICATION PURSUANT TO ARTICLE XI HEREOF. REFLECTIVE WINDOW COVERINGS ARE PROHIBITED.