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TABLE OF CONTENTS

AMENDED BY-LAWS

Article I Identity ...............................................................pg. 3 Article II Definitions................................................................ 3 Article III The Association........................................................ 4 Article IV Administration ......................................................... 6 Article V Assessment and Collection .................................... 11 Article VI Annual Budget ....................................................... 11 Article VII Amendment of By-Laws ........................................ 12

AMENDED DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS

Article I Definitions.............................................................. 13 Article II Purpose................................................................... 15 Article III Property Rights ...................................................... 15 Article IV Membership and Voting Rights.............................. 18 Article V Rights and Obligations of the Associations ............ 19 Article VI Covenant for Maintenance Assessments ................ 20 Article VII Architectural Control.............................................. 24 Article VIII Landscaping and Irrigation Facility Requirements . 26 Article IX Maintenance of Residence...................................... 30 Article X Use Restrictions ..................................................... 30 Article XI General Provisions ................................................. 35

EXHIBITS

Exhibit A Description............................................................. 38

Exhibit B Items to be Maintained by the Association............. .39

Exhibit C House Color and Design Guidelines........................ 40

Map.......................................................................... 41

Page 2 of Table of Contents Intentionally left blank

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EXHIBIT B

ITEMS TO BE MAINTAINED BY THE ASSOCIATION

1. The Association shall be responsible for the mowing of the grasson the banks of the detention ponds located within the subdivi-sion. Specifically, the ponds and their associated fountains adja-cent to Lots 85 and 86, Lots 63 through 68, and Lots 8 through 14shall be maintained by the Association.

2. The Association shall maintain the brick entry walls located atthe four road entrances to the subdivision and shall also maintainthe subdivision identification signage located on said walls.

3. The Association shall maintain the landscaped areas at the subdi-vision entries and along the Meres Boulevard and WhitcombBoulevard rights-of-way. The areas to be maintained shall bethose areas delineated on the landscaping plans prepared by TheArchitects Studio and dated July 14, 1989. The Association mayelect to install additional or alternative plant materials, and itshall therefore not be a requirement that the Association maintainthe landscaped areas with the same plant materials specified inthe original landscape plans.

4. The Association shall maintain the irrigation facilities to all land-scaped areas maintained by the Association.

5. The Association shall maintain the electric lighting at the subdivi-sion entries.

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EXHIBIT A

DESCRIPTION

That portion of the northeast 1/4 of Section 14, Township 27 South, Range 15 East, Pinellas County, Florida, being further described as follows: Commence at the center of said Section 14; thence N 00º 18' 43" W, 110.39 feet along the north-south centerline of said Section 14 to a point on the north right of way easement line of Meres Boulevard (80.00' wide) as recorded in Offi-cial Record Book 5738, page 878 of the public records of said County, said point also being the point of begin-ning; thence continue N 00º 18' 43" W 1628.73 feet along the north-south centerline to the southwest corner of Inness Park Extension, as recorded in Plat Book 14, pages 61 and 62 of the public records of said County; thence along the south line of said Inness Park Extension, S 89º 43' 29" E, 824.84 feet; thence leaving said line S 00º 18' 54" W, 5.38 feet; thence S 89º 40' 39" E, 133.51 feet; thence S 00º 18' 54" W, 412.96 feet; thence S 89º 39' 06" E, 254.64 feet; thence S 00º 20' 54" W, 8.00 feet; thence S 89º 39' 06" E, 657.99 feet to the westerly right of way line of Whitcomb Boulevard (66.00' right of way) and a non-tangent curve concave northeasterly and having a radius of 472.06 feet; thence southeasterly along said right of way line and curve, 256.79 feet through a central angle of 31º 10' 03" (chord S 29º 52' 46" E, 253.63 feet) to a compound curve concave northeasterly and having a radius of 988.40 feet; thence southeasterly along said right of way line and curve, 105.95 feet through a central angle of 06º 08' 30” (chord S 48º 32' 02" E, 105.90 feet); thence leaving said curve and right of way line, non-tangent, S 38º 22' 34" W, 479.62 feet; thence S 89º 27' 29" E, 602.02 feet to the west line of Whitcomb Park. As recorded in Plat Book 15, page 81 of the public records of said County; thence along said west line, S 00º 20' 29" W, 651.08 feet to the north line of said right of way easement line of Meres Boulevard; thence along said line the following: N 89º 30' 29" W, 84.30 feet to a curve concave northeasterly and having a radius of 460.00 feet; thence northwesterly along said curve 328.79 feet through a central angle of 40º 57' 10” (chord N 69º 01' 54" W, 321.84 feet); thence N 48º 33' 19" W, 620.99 feet to a curve concave southwesterly and having a radius of 1190.00 feet; thence north-westerly along said curve, 622.01 feet through a central angle of 29º 56' 54" (chord N 63º 31’ 46” W, 614.95 feet) to a com-pound curve concave southeasterly and having a radius of 540.00 feet; thence southwesterly along said curve, 564.47 feet through a central angle of 59º 53' 32" (chord S 71º 33' 01” W, 539.12 feet); thence S 41º 36' 15" W, 607.64 feet to a curve concave northwesterly and having a radius of 310.00 feet; thence southwesterly along said curve, 67.74 feet through a central angle of 12º 31' 12" (chord S 47º 51' 51" W, 67.61 feet) to the point of beginning.

Containing a total of 49.43 acres, more or less.

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AMENDED BYLAWS OF

THE WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC.

A corporation not for profit under the Laws of the State of Florida

ARTICLE I – IDENTITY

Section 1. These are the Bylaws of the WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC., called Association by these Bylaws, a corporation not for profit under the Laws of the State of Florida, the Articles of Incorporation of which were filed in the office of the Secretary of State on October 13, 1989.

Section 2. The office of the Association shall be P.O. Box 2222, Tarpon Springs, Florida, 34688-2222.

Section 3. The Association shall operate upon the calendar year beginning on the 1st day of January and ending on the 31st day of De-cember of each year.

Section 4. The seal of the Association shall bear the name of the Association, the word “Florida,” and the words “Corporation not for profit” and the year of incorporation, an impression of which is as follows:

ARTICLE II – DEFINITIONS

Section 1. All words, phrases, names and terms used in these By-laws, the Declaration and the Articles of Incorporation of the Associa-tion shall have the same meaning and be used and defined the same as they are in the Declaration of Covenants, Conditions and Restrictions of WHITCOMB PLACE.

Section 2. Interpretation. Unless the context otherwise requires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders and the use of the term “including” shall mean “including without limitation.”

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ARTICLE III – THE ASSOCIATION

Section 1. Members. The members of the Association shall be those individuals or entities as so defined in the Declaration of Cove-nants, Conditions and Restrictions and the Articles of Incorporation, and shall be any legal entity capable of ownership of real property under the Laws of Florida.

Section 2. Place of Meetings. Meetings of the membership shall be held at a suitable place convenient to the membership as may be designated by the Board of Directors.

Section 3. Annual Meetings. The annual meeting of the Associa-tion shall be held in the 4th quarter of each year on a date chosen by the Directors. At the annual meeting the members may transact such business of the Association as may properly come before them. The time of all meetings shall be set by the directors, and the directors, by majority vote, may change the date of the annual meeting.

Section 4. Special Meetings. Special meetings of the members may be called by the President and shall be called by the President or Secretary at the request in writing of the Board of Directors or at the request in writing of members who are entitled to vote one-fourth (1/4) of all the votes of the membership. Such requests shall state the purpose or purposes of the proposed meeting.

Section 5. Notice of Meetings. It shall be the duty of the Secre-tary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each member of record, at his address as it appears on the member-ship books of the Association, and if no such address appears, at his last known place of address, at least fifteen (15) days for an annual meeting and ten (10) days for a special meeting, prior to such meet-ing. The mailing of a notice in the manner provided in this Section shall be considered notice served. The notice shall specify the day, place and hour of the meeting, and if a special meeting, the purpose.

Section 6. Minutes. Minutes of all meetings shall be kept in businesslike manner and available for inspection by Lot Owners and Board members at all reasonable times.

Section 7. Quorum. The presence in person or by absentee bal-lot at the meeting of members entitled to cast thirty percent (30%) of

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(30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10)years unless terminated by an eighty percent (80%) vote of the mem-bers present, in person or by absentee ballot, at a meeting called forsuch purpose. This Declaration may be amended either: (i) by aninstrument signed solely by the duly authorized officers of the Asso-ciation, provided such amendment has been approved by a sixty per-cent (60%) majority vote cast in person or by absentee ballot at aregular or special members meeting; or (ii) by an instrument signedby member(s) entitled to cast at least sixty percent (60%) of the totalnumber of votes of the Association able to be cast. Any amendmentto be effective must be recorded.

Section 7. Acts Taken in Good Faith. Neither the Associa-tion, the Board, nor any member of the Board or its designated com-mittee shall have any liability to anyone by reason of any acts or ac-tion taken in good faith pursuant to this Declaration.

RESOLVED, further, that said amendment to the Declara-tion of Covenants, Conditions and Restrictions of the Association ishereby adopted, approved and the Board of Directors shall have same recorded in the Public Records of Pinellas County, Florida.

The Whitcomb Place Homeowners Association, Inc.By: August E. Luedke, President

Attest: Leonard A. Gravitz, Secretary

State of FloridaCounty of Pinellas

The foregoing instrument was acknowledged before me this 26th day of August, 2005, by AUGUST E. LUEDKE, the President,and LEONARD A. GRAVITZ, the Secretary, of THE WHITCOMBPLACE HOMEOWNERS ASSOCIATION, INC., on behalf of thecorporation. They are personally known to me.

Notary Public John M. Stott

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committee of at least three Owners appointed by the Board who are not officers, directors, or employees ofthe Association, or the spouse, parent, child, brother, orsister of an officer, director, or employee. If the com-mittee, by majority vote, does not approve a proposedfine or suspension, it may not be imposed.

f. Suspension of common-area-use rights shall not impairthe right of an Owner or tenant of a parcel to have ve-hicular and pedestrian ingress to and egress from theparcel, including, but not limited to, the right to park.

Section 2. Restrictions on Lease. Any and all lease agree-ments (herein the “Lease Agreement”) between an Owner and a lesseeof such Owner’s Lot and/or Residence shall be subject in all respectsto the terms and provisions of these Protective Covenants, and anyfailure by the lessee under such Lease Agreements to comply withsuch terms and conditions shall be a material default and breach of theLease Agreement.

Section 3. Captions. Articles and paragraph captions in-serted throughout this document are intended only as a matter of con-venience and for reference only and in no way do such captions orheadings define, limit, or in any way affect any of the terms and pro-visions of this Declaration.

Section 4. Interpretation. Unless the context otherwise re-quires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; and the use ofthe term “including” shall mean “including without limitation.”

Section 5. Severability. In the event that any one of the pro-visions of these Protective Covenants shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in noway affect any of the other provisions hereof, which shall remain infull force and effect. Further, the invalidation of any of the Covenantsor restrictions or terms and conditions of these Protective Covenantsor a reduction in the term of the same by reason of judicial applicationof the legal rule against perpetuities shall in no way affect any otherprovision which shall remain in full force and effect for such period oftime as may be permitted by law.

Section 6. Amendment. The covenants and restrictions ofthis Declaration shall run with and bind the land, for a term of thirty

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all votes, shall constitute a quorum for any action required by the membership, except as otherwise provided in the Articles of Incorpo-ration, the Declaration of Covenants, Conditions and Restrictions or these Bylaws.

Section 8. Adjourned Meetings. If any meeting of members can-not be organized because a quorum has not attended, the members who are present, may adjourn the meeting to a time not later than ten (10) days from the time the original meeting was called, and hold the meeting adjourned, without additional notice, provided that a quorum can be obtained for such meeting.

Section 9. Voting. Except as otherwise provided in the Declara-tion of Covenants, Conditions and Restrictions or Articles of Incorpo-ration, all motions, resolutions and actions of the Association shall be passed by a majority of the votes cast in person or by absentee ballot.

Section 10. Absentee Ballots. A member may submit an ap-proved absentee ballot. Any absentee ballot must be filed with and/or received by the secretary before the appointed time of each meeting.

Section 11. Order of Business. The order of business at all an-nual or special meetings of the members shall be as follows:

a. Roll call.

b. Proof of notice of meeting or waiver of notice.

c. Reading of the minutes of preceding meeting.

d. Reports of officers.

e. Reports of committees.

f. Election of officers (if election is to be held).

g. Unfinished business.

h. New business.

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ARTICLE IV – ADMINISTRATION

Section 1. a. Number and Qualification. The affairs of the Associa-

tion shall be governed by a Board of Directors. Thenumber of directors which shall constitute the Boardshall be not less than three (3) nor more than nine (9).The number of directors may be increased or decreasedwithin the above limits by affirmative vote of a majorityof the membership. All directors shall be members ofthe Association. The Directors shall be elected at theannual meeting of the owners by a majority vote for aterm of 3 years. No director shall serve for more thantwo (2) consecutive three (3) year terms unless approvedby a majority of the membership. No more than onemember of a household may serve on the board at anyone time.

b. Removal. Directors may be removed for cause by anaffirmative vote of a majority of the owners. The va-cancy so created shall be filled by the members of theassociation. No Director shall continue to serve on theBoard if, during his term of office, his membership inthe Association shall be terminated for any reason what-soever.

c. Vacancies. Except as to vacancies provided by removalof Directors by members, vacancies in the Board of Di-rectors occurring between annual meetings of membersshall be appointed by the remaining Directors.

Section 2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association, and may do all such acts and things as are not by the Declaration, the Articles of Incorporation of the Association, or these Bylaws directed to be exercised and done by the members or officers. The powers and duties of the Board shall include, but not be limited to, the following:

a. All powers and duties of the Association as set forth inthe Articles of Incorporation of the Association, exceptas limited as above provided.

b. To prepare and adopt an annual operating budget, which

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ARTICLE XI

GENERAL PROVISIONS

Section 1. Enforcement. The Association, and any Owner,shall have the right to enforce, by any proceeding at law or in equity,all restrictions, conditions, covenants, reservations and provisionsnow or hereafter imposed by the provisions of this Declaration. Fail-ure of the Association or any Owner to enforce any covenant or re-striction herein contained shall in no event be deemed a waiver of theright to do so thereafter. If a person or party is found in the proceed-ings to be in violation of or attempting to violate the provisions of thisDeclaration, he shall bear all expenses of the litigation, includingcourt costs and reasonable attorney’s fees (including those on appeal)incurred by the party enforcing them. Following the provisions andprocedures of the Homeowners Association law (FS617) the Boardmay impose a fine for the violation of any of these Covenants, Condi-tions and Restrictions (Deed Restrictions). However, no fine shall belevied until notice and an opportunity to be heard has been affordedthe member who is in violation. The Board will determine a date bywhich the homeowner must be in compliance or a fine up to $50 perincident will be imposed.

a. Each Owner and the Owner’s tenants, guests and invit-ees must comply with the governing documents of theAssociation and its rules.

b. The Association may suspend, for a reasonable period oftime, the rights of an Owner or an Owner’s tenants, guests, or invitees, or both, to use common areas andfacilities and may levy reasonable fines, not to exceed$100.00 per violation, against any Owner or any tenant,guest, or invitee. A fine may be levied on the basis ofeach day of a continuing violation, with a single noticeand opportunity for hearing, except that no such fineshall exceed $1,000.00 in the aggregate.

c. A fine shall not become a lien against the parcel. d. In any action to recover a fine, the prevailing party is

entitled to collect its reasonable attorney’s fees and costsfrom the nonprevailing party as determine by the Court.

e. A fine or suspension may not be imposed without noticeof at least 14 days to the person sought to be fined orsuspended and an opportunity for a hearing before a

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gage in any action which may reasonably be expected to result in anincrease in the rate of any insurance policy or policies covering anyportion of the Subject Property.

Section 19. Further Subdivision. The Lots shall not be fur-ther subdivided. The owner of more than one (1) contiguous lot mayapply to the Architectural Committee for permission to use such lotsas a site for a single dwelling and, upon the written consent of theArchitectural Committee, said contiguous lots shall thereafter betreated as a single dwelling lot. Said lots shall continue to be treatedas separate and distinct lots for purposes of voting and assessment.The owner shall not be required to comply with the side yard setbacksexcept as to the outside lot lines of the combined lots owned.

Section 20. Destruction of Residence. In the event a Resi-dence is damaged or destroyed by casualty, hazard, or other loss, thenwithin a reasonable period of time after such incident, the Ownerthereof shall either commence to rebuild or repair the damaged Resi-dence, or promptly clear the damaged improvements and grass overand landscape the Lot in a sightly manner.

Section 21. Damages. Owners of respective Lots shall bedirectly financially responsible to the abutting Lot Owners or Asso-ciation for damage to the utilities, sewer, water and drainage systemsresulting from the actions by said Owners or independent contractorsfurnishing labor or materials to or for said Owners. In the event theabutting Owner or Association must repair or replace any utilities,including sewer, water, drainage system, electrical, telephone lines,sod, sidewalks, paving, shrubbery, trees, fences or other improve-ments as a result of the actions of any Owner or independent contrac-tor furnishing labor or materials to and for said Owner, then in thatevent, said Owner shall pay for the cost of said repair or replacement of said damaged property within ten (10) days from the date of de-mand by the abutting Owner who has been damaged, or the Associa-tion and the cost of said repair or replacement including labor and materials shall bear interest at the maximum legal rate allowed by lawin the State of Florida from the date of the expenditure for said re-placement or repair. In the event the Association advances funds onbehalf of said Owner for repair and replacement of said damagedproperty, said amount together with interest, court costs and attor-ney’s fees shall be included in the lien right of the Association underArticle VI herein.

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budget shall be sufficient in amount to pay for all neces-sary expenses and expenditures to be shared in common by the respective owners of units, and including a rea-sonable reserve for repairs, upkeep and replacement of the common area and for contingencies.

c. To prepare a detailed report of the acts, accounts, andstatements of income and expense for the previous year,and present same at the annual meeting of members.

d. To determine who shall act as legal counsel for the As-sociation whenever necessary.

e. To determine the depository for the funds of the Asso-ciation.

f. To acquire the necessary personnel needed for the main-tenance, care, and upkeep of the Common Parcels andAccess Ways, and set the salaries or compensation ofsaid personnel.

g. Assess and collect all assessments pursuant to the Decla-ration.

h. Establishment of reserves or making assessments forbetterments to the development property.

i. Within sixty (60) days following the end of the fiscalyear or calendar year of the Association, the Board ofDirectors shall mail or furnish by personal delivery toeach owner of a Lot a complete financial report of actualreceipts and expenditures for the previous twelve (12)months. The report shall show the amounts of receiptsby accounts and receipt classifications and shall showthe amounts of expenses by accounts and the expenseclassifications, including, if applicable, but not limited tothe following:

(1) Professional and management fees and expenses;(2) Expenses for utility services;(3) Expenses for lawn care and pond maintenance;(4) Insurance costs;(5) Administrative; and

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(6) General reserves, maintenance reserves and depreciation reserves.

The report, upon written request, shall be sent to holders, insurers or guarantors of any first mortgage on a Lot and, if required, the report shall be in the form of a financial statement certified by a corporate officer.

j. The Board shall make available for inspection, duringreasonable business hours or circumstances, to Lot Own-ers and holders, insurers or guarantors of first mortgagescurrent copies of the Declaration of Covenants, Condi-tions and Restrictions, the Bylaws and other rules con-cerning the operation of the Association, and the books,records and financial statements of the Association.

Section 3. Election of Directors. Election to the Board of Direc-tors shall be by secret written ballot. At such election the members may cast, in respect to each vacancy, as many votes as they are enti-tled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

Section 4. Management Agent. The Board of Directors may em-ploy for the Association a management agent at a compensation estab-lished by the Board to perform such duties, services and powers as the Board shall authorize, including, but not limited to, the duties, ser-vices and powers listed in Section 2 of this paragraph.

Section 5. Compensation. No compensation shall be paid to di-rectors for their services as directors. No remuneration shall be paid a director for services performed by him for the Association in any other capacity, unless a resolution authorized such remuneration shall have been unanimously adopted by the Board of Directors before the services are undertaken.

Section 6. Organization Meeting. The first meeting of the Board of Directors shall be held within ten days after the annual members’ meeting, at such place as shall be fixed by the Board and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providing all of the Board of Directors shall be present.

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68, 82, and 87) fences are permissible along common property boundaries immediately adjacent and parallelto those two streets; however, within ten (10) days afterthe installation of said fences, homeowners shall planttrees, or plant buffer type hedging that conforms to Ar-ticle VIII, Section 2. Fences along these two streets shall be approved, in writing by the Board of Directors,prior to construction, and all said fences shall be uni-form in design, height, color and construction, and thefinished side of the fencing shall face the abutting street.

4. No walls, fences or hedges shall be higher than six feet.

Section 12. Lawns. All lawns shall be properly maintained.No gravel front yards shall exist. If the home is unoccupied or vacant for extended periods of time such as vacations, it shall be the Owner’sresponsibility to insure proper maintenance in Owner’s absence.

Section 13. Water and Sewer Connection. Any house erected or constructed on the above described Lots must be connectedto the existing water and sewer systems.

Section 14. Tree Removal. No trees shall be removed fromLots once all construction is complete unless the tree has died. In theevent a tree is removed, it shall be replaced by the Owner of the Lot athis expense.

Section 15. Roofing and House Colors. All roofing, paintand stain colors used on the outside of homes are to be compatible with the natural characteristics of the property. Only those colorsapproved by the Architectural Committee shall be permitted whenrework is done by Owners.

Section 16. Driveways and Sidewalks. All driveways andwalks are to be constructed of concrete unless otherwise approved inwriting by the Board of Directors or Architectural Committee.

Section 17. Mining and Drilling. There shall be no mining,quarrying or drilling for oil or other minerals undertaken within anyportion of the Subject Property.

Section 18. Effect on Insurance Rates. No Owner shall en-

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except when in use.

Section 8. Antennae and Aerials. No antennas or aerialsshall be placed upon any Lot or Residence without the express writtenapproval of the Association except for one outdoor television antennato provide normal television reception. No ham radios or radio trans-mission equipment shall be operated or permitted to be operated onthe Property. No satellite dishes shall be allowed unless they are hid-den from view.

Section 9. Clothes Lines. Outdoor permanent clotheslinesshall be prohibited on the Subject Property. Portable rotary type orreel type clothes dryers will be permitted in the rear yard only. Oncorner Lots such portable dryers will not be placed within 25’ of side street line, and said clothes dryers must be stored when not in use. Inall cases, any portable clothes dryers must be completely screenedfrom the view of neighbors and road traffic.

Section 10. Trash Containers. All cans and containers usedfor collection and disposal of refuse, garbage, rubbish or other dis-carded matter upon the premises must be placed so as to be shieldedfrom street view and not displayed in the front of any Lot or parcelexcept on regular days for collection of trash, garbage and rubbish asmay be provided by any sanitary service unit, and then only whensuch service unit requires the container or containers to be placed inthe front of any dwelling. Trash pads shall be either fenced or land-scaped.

Section 11. Fences. The architectural design of any fencing installed shall, in all respects, be of pleasing appearance and shall becontinuously well maintained in a good state of repair by the lotowner. All fencing is subject to the following:

1. Chain link fences are prohibited throughout WhitcombPlace except as may be mandated on a tract or parcel bygovernmental authority.

2. Except as hereinafter provided, no wall-type fence orsolid board fences shall be erected or maintained in anyfront yard or in any yard facing a street or avenue.

3. For lots bordering either Meres Boulevard or WhitcombBoulevard (Lots #1, 16 through 32, inclusive, 39, 40,

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Section 7. Regular Meetings. Regular meetings of the directors may be held at such time and place as shall be determined, from time to time, by a majority of the directors, but at least two such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each director, personally or by mail, telephone or telegraph, at least three days prior to the day named for such meeting.

Section 8. Special Meetings. Special meetings of the Board of Directors may be called by the President on three days’ notice to each director, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and pur-pose of the meeting. Special meetings of the Board of Directors shall be called by the President and Secretary, in like manner and on like notice, on the written request of at least two directors.

Section 9. Notice of Meetings to Lot Owners. Meetings of the Board of Directors shall be open to all Lot Owners and notice of meetings shall be posted in a conspicuous place in the community forty-eight (48) hours in advance of a meeting, except in an emer-gency.

Section 10. Waiver of Notice. Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the board of Directors shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.

Section 11. Minutes. Minutes of all meetings of the Board of Di-rectors and of the Lot owners shall be kept in a businesslike manner and available for inspection by Lot Owners and Board members at all reasonable times.

Section 12. Quorum. At all meetings of the Board of Directors a majority of the directors shall constitute a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time.

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Section 13. Fidelity Bonds. The Board of Directors may require that all officers and employees of the Association handling or respon-sible for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be paid by the Association.

Section 14. Designation of Officers. The principal officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer and an Assistant Secretary, and such other officers as in their judgment may be necessary.

Section 15. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board, and shall hold office at the pleasure of the Board.

Section 16. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meet-ing of the Board called for such purpose.

Section 17. President. The president shall be the chief executive officer of the Association. He shall preside at all meetings of the As-sociation and of the Board of Directors. He shall have all of the gen-eral powers and duties which are usually vested in the office of presi-dent of the Association.

Section 18. Vice President. The vice president shall take the place of the president and perform his duties whenever the president shall be absent or unable to act. If neither the president nor the vice presi-dent is able to act, the Board of Directors shall appoint some other member of the Board to do so on an interim basis. The vice president shall also perform such other duties as shall from time to time be im-posed upon him by the Board of Directors.

Section 19. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors, and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of secretary.

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without the consent of the Owner of such Lot. All animals must be ona leash when outside of the Owner’s Lot. If any permitted animalsshall in the sole discretion of the Association become dangerous, anannoyance, or a nuisance, they may not be kept on the Property.

Section 3. Vehicles. No trailers, campers, boats, recrea-tional vehicles, motorcycles, or commercial vehicles of any kind shall be parked on or adjoining the Property, where visible from the street, with the exception of delivery vehicles or service vehicles while in theprocess of performing their services. No vehicle shall be parked onany part of the Property except on paved streets, paved driveways,and in garages. No vehicles shall be parked on the street overnight.

Section 4. Dumping or storage of rubbish. No Lot shall beused or maintained as a dumping ground for rubbish. Trash, garbageor other waste shall be kept in sanitary containers. All equipment forthe storage or disposal of such material shall be kept in a clean andsanitary condition.

Section 5. Signs. The following signs shall be permitted:

a. One (1) For Rent or For Sale sign, no larger thanfour square feet.

b. One (1) sign indicating “security system”.c. Two (2) preprinted signs for political office no

larger than four square feet per sign. To be placedon lawns not more than thirty (30) days prior toelection and to be removed within twenty-four(24) hours after the election.

d. One (1) preprinted sign indicating “beware ofdog”.

e. One (1) sign relating to xeric compliance.

Section 6. Nuisances. No noxious or offensive activity shallbe carried out upon any Lot, nor shall anything be done thereon whichmay be or become a nuisance or an unreasonable annoyance to the neighborhood. No automobile or other vehicle mechanical repairs orlike activity shall be conducted on any Lot other than in a garage andconcealed from public view. No garage sales or like activity shall beconducted anywhere on the Property without the prior written permis-sion of the Association.

Section 7. Garage Doors. Garage doors shall be kept closed

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In order to further establish and preserve the Properties as aresidential community, the Owners covenant that they shall at alltimes maintain the exterior portions of their Residences, includinglawns, shrubbery and landscaping, in a neat and aesthetically pleasingand proper condition. In the event that any Owner fails to maintainhis Residence pursuant to this Covenant (“Defaulting Owner”), anauthorized designate of the Board shall have the right, upon thirty (30)days written notice, to enter the property of a Defaulting Owner forthe purpose of performing the maintenance described in the notice.The cost of performing such maintenance and the expenses of collec-tion, including court costs and reasonable attorneys’ fees, shall beassessed against the Defaulting Owner and shall become a lien in fa-vor of the Association upon the Lot of the Defaulting Owner underthe lien rights of the Association as described in Article VI herein. Said lien shall be effective only from and after the time of recordationamongst the records of the County, of a written acknowledged state-ment signed by a majority of the Board of Directors setting forth theamount due. Upon full payment of all sums secured by the lien, theparty making payment shall be provided a recordable satisfaction oflien by the Association.

ARTICLE X

USE RESTRICTIONS

Section 1. Residential Use. All Lots shall be for residentialuse only, and only single family homes approved in accordance withArticle VII (Architectural Control) may be constructed thereon. Nocommercial or business occupations may be carried on in WhitcombPlace except for the construction, development and sale or rental ofresidences. No structure of temporary character, or trailer, or tent, orother “outbuildings” may be erected or located on a Lot, except for aconstruction shack or temporary toilet during construction of a Resi-dence. No temporary structure may be used as a Residence.

Section 2. Animals. No pit bull dogs, animals, livestock, orpoultry of any kind shall be raised, bred, or kept on any Lot, exceptthat cats, dogs (other than pit bull dogs), and other household petsmay be kept provided they are not kept, bred, or maintained for anycommercial purposes, are not a nuisance to the neighborhood, and areprimarily maintained inside the residence. No person owning or incustody of an animal shall allow it to stray or go upon another’s Lot

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Section 20. Treasurer. The treasurer shall have responsibility for Association funds and securities, and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The treasurer shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors.

ARTICLE V – ASSESSMENT AND COLLECTION

As more fully provided in the Declaration of Covenants, Conditions and Restrictions, each Owner is obligated to pay to the Association annual and special assessments which are secured by a continuing lien against the Lot against which is made, which lien is in favor of the Association. Said lien shall secure not only unpaid, delinquent assess-ments, but also reasonable attorney’s fees and other costs of collecting assessments and interest at the highest lawful rate. Said lien shall date back to the date of recording of the Declaration of Covenants, Condi-tions and Restrictions and shall be prior to the creation of any home-stead status or subsequent lien or encumbrance, except that said lien shall be subordinate and inferior to that of any institutional first mort-gage lender.

ARTICLE VI – ANNUAL BUDGET

Pursuant to Article IV, Section 2, paragraph b. of these Bylaws, the Board of Directors shall have the power and duty of preparing and adopting an annual operating budget for the Association. Each Lot Owner shall be given written notice of the time and place at which the meeting at which the budget will be considered shall be held, and such meeting shall be open to the Lot Owners. If a budget is adopted by the Board of Directors which requires assessment against the Lot Owners in any fiscal or calendar year exceeding one hundred fifteen per cent (115%) of such assessments for the preceding year, upon written application of ten per cent (10%) of the Lot Owners, a special meeting of the Lot Owners shall be held upon not less than ten (10) days’ written notice to each Lot Owner, but within thirty (30) days of the delivery of such application to the Board of Directors or any mem-ber thereof, at which special meeting Lot Owners may consider and enact a revision of the budget, or recall any and all members of the Board of Directors and elect their successors. In either case, the revi-sion of the budget or the recall of any and all members of the Board of

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Directors shall require a vote of not less than two-thirds (2/3) of mem-bers of the Association. In determining whether assessments exceed one hundred fifteen per cent (115%) of similar assessments in prior years, there shall be excluded in the computation any provision for reasonable reserves made by the Board of Directors in respect of re-pair or replacement of the property or in respect of anticipated ex-penses by the Association which were not anticipated to be incurred on a regular or annual basis. There shall also be excluded from such computation assessments for betterments to the property. An example of this procedure is if a previous year’s assessments for a Lot were $100.00 per year, then the assessment may increase to $115.00 per year by Board of Directors action alone.

The proposed annual budget shall be detailed and shall show the amounts budgeted by accounts and expense classifications.

ARTICLE VII – AMENDMENT OF BYLAWS

The Bylaws of the Association may be modified, amended or re-voked, unless specifically prohibited elsewhere herein, at any regular or special meeting of the members of the Association by not less than seventy-five per cent of the votes of the entire membership of the As-sociation, provided that no less than fourteen (14) days’ notice of said meeting has been given to the members of the Association, which notice contained a full statement of the proposed modification, change or revocation.

The foregoing were adopted as the Bylaws of THE WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC., a corporation not for profit under the Laws of the State of Florida, at the meeting of the Board of Directors on April 3, 2005.

The Whitcomb Place Homeowners Association, Inc.

By: Leonard A. Gravitz, Secretary

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Section 6. Inorganic Materials. Use of indigenous materials (i.e. rocks, gravel, etc.) to function as groundcover or paving substi-tutes shall be permitted only with the express permission of the Archi-tectural Committee and shall only be considered if governed by a strong design concept or in areas where organic material will present maintenance or logistics problems.

Section 7. Earthen Berms. Berms shall be smooth flowing natural forms and must be finely graded to blend into the surrounding landscape. Architectural berms with straight lines, uniform slopes, and crisp angular change in direction are not permitted. The height of berms should be varied to avoid a monotonous appearance. No ber-ming shall impede drainage or cause other drainage problems.

Section 8. Irrigation Facilities. All landscaped and sodded areas, including vehicular access rights-of-way shall be provided with a permanent underground automatic irrigation system. The system shall be capable of providing 100% head to head coverage and ade-quate precipitation for all plant materials. Where isolated planters are installed, hose bibs or quick couplers shall be installed so as to permit watering by a standard fifty (50) foot garden hose. Irrigation facilities shall be installed and functioning at the time of installation of land-scaping materials. Due to the presence of staining elements in the groundwater in Whitcomb Place, all irrigation systems shall utilize the City of Tarpon Springs municipal water supply as the water source unless otherwise approved by the Association in writing. Wells or pumps may be installed with Association approval, but if any staining occurs, the homeowner shall be responsible for correcting the problem and removing any stains. If the problem cannot be corrected, the homeowner must use municipal potable or treated waste water.

Section 9. Proviso. Nothing herein shall prohibit any Lot Owner from implementing Xeriscape or Florida-friendly landscape as defined in Florida Statues §373.185(1) on his Lot.

ARTICLE IX

MAINTENANCE OF RESIDENCE

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e. Hedges. Hedges shall be planted a maximum of three (3) feet on center. All plant material used for hedges and screens shall be planted to create an 80% opaque screen at 36” of height at planting and within one (1) year to 48” in height.

f. Mulch beds. All trees shall have a mulch bed that has a minimum radius of two and one-half (2 ½) feet meas-ured from the center of the tree trunk(s). Each shrub shall have a mulch bed that has a minimum radius of twelve (12) inches measured from the center of the plant. Shrubs planted in mass shall have a continuous mulch bed. All vines and groundcovers shall be a mini-mum of two (2) inches in depth.

Section 3. Plant Quality. Plant material used for landscap-ing in conformance with the provisions of this Article shall equal or exceed the standards for Florida No. 1 as given in the latest edition of Grades and Standards for Nursery Plants, State of Florida, Depart-ment of Agriculture and Consumer Services, Tallahassee. Standards for sizing and measurement of plant material shall also be in accor-dance with this document. The sizes for plant material given in this chapter shall be the minimum size at the time of installation.

Section 4. Workmanship. All plant material shall be in-stalled in accordance with the standards as established by the Ameri-can Association of Nurserymen and Horticultural Industry. All plant materials must be warranted for a minimum of six (6) months. Re-placement of any dead material shall be effected within thirty (30) days. All trees with root systems which are likely to cause damage to public roadways or underground utility lines shall be planted so as not to damage such public works.

Section 5. Prohibited Species and Materials. The following species are prohibited on lots in Whitcomb Place:

Malaleuca Ouinquenervia (punk tree or cajeput tree) Schinus terebinthifolius (Brazilian pepper tree) Causuarina sp. (Australian pine tree) Paspalum sp. (Bahia grass) Artificial plants or vegetation.

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AMENDED DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS FOR WHITCOMB PLACE

RECITALS

WHEREAS, the Board of Directors and Lot Owners of The Whitcomb Place Homeowners Association, Inc., hereinafter referred to as Association, desire to amend the Declaration of Covenants, Con-ditions and Restrictions for said Homeowners Association which Dec-laration of Covenants, Conditions and Restrictions has been recorded on March 13, 1990, in Official Record Book 7222, Page 1303, et seq., of the Public Records of Pinellas County, Florida; and WHEREAS, a special meeting of the Board of Directors of the corporation and said Lot Owners was duly called in accordance with the Declaration of Covenants, Conditions and Restrictions and Bylaws; and WHEREAS, at such meeting on April 3, 2005, there was present a quorum of directors and a quorum of Lot Owners as defined and required by the Bylaws and the Declaration of Covenants, Condi-tions and Restrictions for said Association; and WHEREAS, after due consideration of said proposed amend-ment, the same was presented for a vote, and was approved by the vote of the required percentage of Lot Owners according to the provi-sions of the Bylaws and the Declaration of Covenants, Conditions and Restrictions for said Association; and WHEREAS, that the Board of Directors and the Lot Owners have approved the amendment to the Declaration of Covenants, Con-ditions and Restrictions and said amendment is herein after provided. NOW, THEREFORE, said Declaration of Covenants, Condi-tions and Restrictions shall be hereby amended pursuant tot the here-tofore stated authority and requirements, which amendment is to be provided within said Declaration of Covenants, Conditions and Re-strictions, and said amendment is as follows:

ARTICLE I

DEFINITIONS

Section 1. “Association” shall mean and refer to The Whitcomb Place Homeowners Association, Inc., a Florida non-profit corporation, its successors and assigns.

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Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Parcel which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. “Declaration” shall mean and refer to this Decla-ration of Covenants, Conditions and Restrictions for Whitcomb Place and any amendments or modifications thereof hereafter made from time to time.

Section 4. “Properties” or “Property” shall mean and refer to that certain real property described in attached Exhibit “A,” whether now or hereafter platted.

Section 5. “Common Property” shall mean all real property (including the improvements thereon) now or hereafter owned or maintained by the Association for the enjoyment of the Owners. This definition includes but is not limited to detention ponds, entrance fea-tures, signage, privacy walls, landscaping, and berms.

Section 6. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Properties, now or hereafter recorded, with the exception of Common Property owned by the Association, and a Lot may include any portion or portions of any other Lot adjacent thereto and under common ownership.

Section 7. “Parcel” shall mean and refer to any part of the Properties, other than Common Property owned by the Association, Lots. Any Parcel, or part thereof however, for which a subdivision plat is hereafter filed or recorded shall, as to such portion, cease being a Parcel, or part thereof, and shall become Lots, or Common Property, as appropriate.

Section 8. “Board of Directors” shall mean and refer to the Association’s Board of Directors.

Section 9. “Articles” shall mean and refer to the Articles of Incorporation of the Association, including any and all amendments or modifications thereof.

Section 10. “By-laws” shall mean and refer to the By-Laws

of

the

Association, including

any

and

all

amendments

or

modifications

thereof. 27

grass or similar grass or groundcover approved by the Architectural Committee. The final choice of grass spe-cies should be made by considering the amount of sun vs. shade in the specific location and resistance to in-digenous insects.

Section 2. Material and planting standards. The minimum plant material sizes and planting spacings shall be as follows:

a. Trees. All trees planted in satisfaction of the require-ments of this Article shall be a minimum of 3” caliper at 3’ above ground level, and shall be 10'-12 ‘ in height with a spread of 4’-6’. Each tree shall have a minimum planting area of twenty-five (25) square feet with a mini-mum distance of two and one-half (2 ½) feet from the center of the tree trunk to the near edge of any landscape area. The following tree species are suggested for plant-ing in Whitcomb Place:

Camphora Tree (Cinnamomum Camphora) Acer rubrum (Red Maple) Chinese Elm (Ulmus parvifolia sempervirens) Laurel Oak (Quercus laurifolia) Live Oak (quercus virginiana) Slash Pine (pinus elliotti) Southern Magnolia (Magnolia grandiflora) Sweet Gum (Liquidambar styraciflua) Sycamore (Platanus occidentalis)

b. Shrubs. Shrubs classified as a “spreading type” shall be in a minimum one (1) gallon container, those classified as an “upright type” shall be in a minimum three (3) gallon container at time of planting.

c. Vines. Vines shall be in a minimum of three (3) gallon containers and placed at a maximum of ten (10) feet on center. Vines may be used in conjunction with fences, screens, and walls.

d. Groundcovers. Groundcovers shall be in a minimum of four (4) inch pots or pipes and planted at a minimum of six (6) inches on center, or twelve (12) inch maximum depending on genus.

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FACILITY REQUIREMENTS

It is the purpose of this Article to establish certain guidelines that shall insure a minimum standard for functional and aesthetic landscape treatment for Whitcomb Place. It is recognized that the proper use of landscaping can effectively provide shade and cooling, aid in channeling traffic, control and modulate views and, at the same time contribute to air purification, oxygen regeneration, noise absorp-tion, glare reduction, wind and heat abatement and increased water absorption into the soil due to the reduction of water runoff. All land-scaping should be designed to provide a high level of community aes-thetics and preserve the best characteristics of the natural environ-ment.

Section 1. Minimum Landscape Requirements. The follow-ing landscape materials shall be provided and installed in all homes within thirty (30) days after substantial completion of the home.

a. Front areas from the rear of the home to the street shall present an attractive appearance, emphasizing and rein-forcing the major entry and the architectural design of the house. Landscaping shall incorporate a mix of four (4) approved trees and shrubs and groundcovers equal to 12% of the front area or 250 square feet, whichever is greater, in a design appropriate to the scale and design of the house. The rear of the home must have a minimum of two (2) approved trees, making a total of six (6) ap-proved trees. In instances where trees exist on a home site prior to the building of a home, a credit of one tree shall be allowed for each existing deciduous, evergreen, or pine tree of minimum 6” caliper measured at a height of 3’ above the ground. Credit will be granted only for trees which can be preserved in a healthy condition, free from disease, injury, and harmful fungi and insects. Regardless of the total number of existing trees on a home site, there shall be a minimum of two (2) trees in the front area of the home.

b. The immediate area around each house shall be provided with shrubs and/or hedges sufficient in size and quantity to provide an effective foundation planting and screen-ing of services. All areas of the Lot not landscaped in planting beds shall be sodded with Floratam or Floratine

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Section 11. “Home Builder” shall mean a person or entity engaged professionally in the business of building residential dwell-ings for sale. A person building a home who intends to retain owner-ship of the dwelling for his own personal use or as a rental property shall be excluded from this definition.

Section 12. “Residence” shall mean and refer to a single family dwelling located on a Lot, and the word Residence when the context so requires may be used interchangeably herein with the word Lot.

Section 13. “Plat” shall mean and refer to any recorded or unrecorded subdivision map or maps of all or a portion of the Proper-ties.

ARTICLE II

PURPOSE

Section 1. Operation, Maintenance and Repair of Common Property. The purpose of the Association shall be to operate, maintain and repair the Common Property, and any facilities thereon; to main-tain any irrigation facilities servicing the Common Property; and to take such other action as the Association is authorized to take with regard to the Properties pursuant to its Articles of Incorporation and By-Laws, or this Declaration.

ARTICLE III

PROPERTY RIGHTS

Section 1. Owner’s Easement of Enjoyment. No such ease-ment shall exist to any property located within an individual Lot not owned by the Association unless the easement has been specifically granted by the Owner of the Lot in writing and has been recorded in the Public Records of Pinellas County, Florida. Each Owner’s right and non-exclusive easement of enjoyment as described in this para-graph shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:

(a) The right of the Association from time to time in accor-dance with its By-Laws to establish, modify, amend and

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rescind reasonable rules and regulations regarding use of said area;

(b) The right of the Association to suspend the voting rights and right to use any facilities by an Owner for any pe-riod during which any assessment levied under this Dec-laration against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

(c) The right of the Association to grant easements as to the Common Property owned by it or any part thereof as provided by its Articles; and

(d) The right of the Association to otherwise deal with the Common Property as provided by its Articles.

(e) The right of the Association, in accordance with its Arti-cles and its Bylaws, to borrow money for the purpose of improving or increasing the Common Property and in aid thereof with the assent of two-thirds (2/3) of Mem-bers to mortgage said properties. Said mortgage shall be subordinate to the Members’ rights as provided hereinaf-ter. In the event of a default upon any such mortgage, the Lender’s rights hereunder shall be limited to a right, after taking possession of such area, to charge admis-sions and other fees as a condition to continued enjoy-ment by the Members and, if necessary, to open the en-joyment of such area to a wider public until the mort-gage debt is satisfied, whereupon the possession of such area shall be returned to the Association and all rights of the Members hereunder shall be fully restored; provided that under no circumstances shall the rights of the Mem-bers of ingress, egress and parking be affected.

Section 2. Easement for Irrigation Facilities. The Associa-tion hereby reserves the right and easement to construct, place, and install on all Lots from time to time such irrigation and sprinkler lines and heads, control panels, and related facilities and equipment (the foregoing being collectively referred to hereafter as the “Irrigation Facilities”) for the purpose of providing irrigation to the Common Property within the Properties as it deems appropriate. The Associa-tion shall also have and does hereby reserve, the right of access to any

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side setback 7.5’, the front setback is 25’, and the street side setback is 15’.

Section 3. Structural Additions. No structural additions will be permitted without written permission of the Architectural Commit-tee.

Section 4. Materials. Exterior building and roof materials shall be real and not artificial or simulated (e.g. plywood, simulated brick, etc.). Roofs shall be of cement tile, clay tile, slate, shake shin-gle, dimensional shingle, or copper unless otherwise expressly ap-proved by the Architectural Committee.

Section 5. Roofs. The proportions of roofs shall be consis-tent with the architectural style of the home. Flat roofs shall not ex-ceed 20% of the total roof area unless expressly approved by the Ar-chitectural Committee. The main roof, and any addition, of the dwell-ing shall have a pitch of not less than five to twelve. Heating/air con-ditioning and plumbing vents shall not penetrate the roof on the road-side of the building unless determined to be absolutely necessary by the Architectural Committee. In all cases, vents shall be painted the same color as the roof.

Section 6. Mechanical and Electrical Equipment. All me-chanical and electrical equipment including transformers and air con-ditioning condensers and compressors shall be screened from view and shall be properly housed or landscaped in a manner which will blend with the site and residence. Roof-mounted equipment shall be housed in a manner that will prevent visibility from the ground or from the upper floors of other structures. No window or wall air con-ditioning or heating units shall be permitted.

Section 7. Mailboxes. All mailboxes must be approved by the Architectural Committee.

ARTICLE VIII

LANDSCAPING AND IRRIGATION

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ARCHITECTURAL CONTROL

All new construction, exterior changes or modifications to any residential dwelling on a Lot, including homes, fences, walls, structures, landscaping, mailboxes or improvements to be added to requires the plans and specifications showing the nature, kind, shape, height, materials, color to be used on the exterior, and location of the same shall have been submitted to and approved in writing by the board of Directors of the Association, or by an Architectural Commit-tee composed of three (3) or more representatives appointed by the Board. In the event the Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. No approval shall be given by the Board or its designated committee pursuant to the provisions of this Article unless it determines in its sole discretion that such approval shall: (a) assure harmony of external design, materials and location in relation to surrounding buildings and topography within the Properties; (b) protect and conserve the value and desirability of the Properties as a residential community. If an application request is properly submitted to the Architecture Committee and the Committee rejects the applica-tion, the Lot Owner may appeal to the Board of Directors in writing within thirty (30) days of the rejection.

In addition to the overall architectural control exercised by the Board of Directors and the Architectural Committee, the following specific architectural requirements shall apply:

Section 1. Minimum Residence Size. All residences must contain a minimum heated living area of 1,850 square feet, and a pri-vate, fully enclosed attached garage for not less than two (2) nor more than three (3) cars.

Section 2. Setbacks. All initial home construction and struc-tural additions to residences after initial construction by the Home Builder must conform to the existing setback requirements, which, unless otherwise specified, are 25’ from rear lot line, 7.5’ from side lot line, 20’ from the front lot line, and a street side setback of 10’. For Lots 52-55 inclusive, the rear setback is 30’, the side setback is 25’ total house-to-house, the front setback is 25’, and the street side setback is 15’. For lots 85-87 inclusive, the rear setback is 20’, the

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such Irrigation Facilities. By recorded instrument, the Association shall have the right to waive or relinquish its easement rights in whole or in part by action of its Board of Directors.

Section 3. Grants and Reservations of Easements. The As-sociation hereby reserves easements for the installation and mainte-nance of utilities and drainage areas as shown on the Plat. Within the easements, no structure, planting or other materials may be placed or permitted to remain which may damage or interfere with the installa-tion and maintenance of utilities or which may change the direction of flow of drainage canals in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The area of each Lot upon which an easement is located shall be maintained continuously by the Owner of the Lot, except that those improvements which are the property of a public authority or utility company shall be maintained by such authority or utility company.

The Association also hereby reserves easements for the in-stallation and maintenance of entrance features, privacy walls or berms, and other structures as it in its sole discretion determines to be desirable for the enhancement of the aesthetic appearance of the Prop-erty.

Section 4. Delegation of Use. An Owner’s right of enjoy-ment to the Common Property and any facilities existing thereon, sub-ject to the Association’s Rules and Regulations, shall extend to the members of his family, provided the foregoing actually reside at the Owner’s Lot. If an Owner shall rent his Lot or sell it pursuant to a contract for deed, the tenant or contract purchaser shall only have such right of enjoyment if it is delegated by the Owner in accordance with the By-Laws. An Owner shall not be entitled to use any facilities during the time such rights have been delegated to a tenant or contract purchaser.

Section 5. Prohibition of Certain Activities. No damage to, or waste of, the Common Property or any part thereof, shall be com-mitted by any Owner or any tenant or invitee of any Owner. No nox-ious, destructive or offensive activity shall be permitted on or in the Common Property or any part thereof, nor shall anything be done thereon which may be or may become an unreasonable annoyance or nuisance to any other Owner. No Owner may maintain, treat, landscape, sod, or place or erect any improvement or structure of any kind on the Common Property without the prior approval of the Board

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of Directors.

Section 6. Signs Prohibited. No sign of any kind shall be displayed in or on the Common Property without the prior written consent of the Association.

Section 7. Animals. No animals shall be permitted on or in the Common Property at any time except as may be provided in the Rules and Regulations of the Association.

Section 8. Rules and Regulations. No Owner or other per-mitted user shall violate the reasonable Rules and Regulations for the use of the Common Property, as the same are from time to time adopted by the Association.

ARTICLE IV

MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a member of the Association, subject to and bound by the Association’s Articles of Incorporation, By-Laws, Rules and Regulations, and this Declaration. The foregoing does not include persons or entities who hold a leasehold interest or interest merely as security for the performance of an obligation. Ownership, as defined above, shall be the sole qualification for membership. When any Lot is owned of record by two or more persons or other legal entities, all such persons or entities shall be members. An Owner of more than one Lot shall be entitled to one membership for each Lot owned by him. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment, and it shall be automatically transferred by conveyance or other trans-fer of that Lot.

Section 2. Class of Members. The Association shall have one class of voting membership. All votes will be cast in the manner provided in the By-Laws. When more than one person or entity holds an interest in any Lot, the vote for such Lot shall be exercised as such persons determine, but in no event shall more than the number of votes hereinafter designated be cast with respect to such Lot. The one class of voting membership, and voting rights related thereto, are as follows:

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terest due thereon, the Owner shall also be obligated in such action for all costs and expenses of collection, including attorney’s fees incurred by the Association.

Section 10. Foreclosure. The lien for sums assessed pursu-ant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorney’s fees. All such costs and expenses shall be se-cured by the lien being foreclosed. The Owner shall also be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure, and the same shall be secured by the lien foreclosed and accounted for as of the date the Owner’s title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to ac-quire the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the owner thereof.

Section 11. Homestead. By acceptance of a deed thereto, the Owner and spouse thereof, if married, of each Lot shall be deemed to have waived any exemption from liens created by this Declaration or the enforcement thereof by foreclosure or otherwise, which may otherwise have been available by reason of the homestead exemption provisions of Florida law, if for any reason such are applicable. This Section is not intended to limit or restrict in any way the lien or rights granted to the Association by this Declaration, but to be construed in its favor.

Section 12. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage which is given to or held by a commercial or savings bank, savings and loan association, insurance company, mortgage company, pension fund, any private or governmental insti-tution such as FNMA, FHA, VA, or any other institutional lender. The sale or transfer of any Lot pursuant to foreclosure of such a first mortgage or any proceeding or deed in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE VII

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apply to the Common Property, any property dedicated to and ac-cepted for maintenance by a public or governmental authority or agency, any property owned by a public or private utility company or public or governmental body or agency.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall com-mence as to all Lots owned by members at the time of closing of the purchase of a Lot and shall be adjusted according to the number of remaining days in that calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot in advance of each annual assessment period. Written notice of the annual assess-ment shall be sent to every Owner subject thereto. Unless otherwise established by the Board of Directors, annual assessments shall be collected once a year, with payments due on the first day of each year in advance. The due date for special assessments shall be as estab-lished by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the As-sociation as of the date of its issuance.

Section 8. Lien for Assessments. All sums assessed to any Lot pursuant to this Declaration, together with interest and all costs and expenses of collection, including reasonable attorney’s fees, shall be secured by a continuing lien on such Lot in favor of the Associa-tion. This Section shall not limit in any way the personal obligation of the Owner or Owners of such Lot as of the date of any assessment to pay such assessment.

Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or other-wise escape liability for the assessments provided for herein by non-use of the Common Property, or abandonment of his Lot. In the event the Association chooses to bring an action at law for collection, rather than foreclose its lien, such action may be brought in the small claims division of County Court, or such other court as may have jurisdic-tion. In addition to the amount of all delinquent assessments, and in-

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1. Members shall be Owners of Lots subject to assess-ments.

2. Members shall be entitled to one (1) vote for each Lot owned.

ARTICLE V

RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

Section 1. Responsibilities. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Property, and shall keep the same in good, clean and proper condition, order and repair. The maintenance responsibilities of the Association shall include, but not be limited to, those items listed in Exhibit B attached hereto. The Association shall be responsible for the payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Property, and per-formance of its other obligations hereunder and shall have the author-ity to levy assessments against each Lot for the purposes given in Sec-tion 2 in Article VI.

Section 2. Right of Entry. The Association is hereby granted a right of entry to each Lot to the extent reasonably necessary to discharge its duties of maintenance, or for any other purpose rea-sonably related to the Association’s performance of any duty, or its exercise of any easement or right granted by this Declaration. Such right of entry shall be exercised in a reasonable manner and at reason-able times whenever the circumstances permit. In the event the Asso-ciation shall be unable to gain entry to a Lot as provided above due to the absence of the Owner, the Association, at its election shall be au-thorized to use means reasonably necessary to gain entry. Such action shall not constitute a trespass, and any expenses so incurred by the Association shall be specially assessed against the Lot and be immedi-ately due and payable.

Section 3. Rules and Regulations. The Association may from time to time, adopt, alter, amend or rescind reasonable rules and regulations governing the use of the Lots, which rules and regulations shall be consistent with the rights and duties established by this Dec-

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laration.

Section 4. Manager. The Association may obtain, employ and pay for the services of an entity or person, hereinafter called the “Manager,” to assist in managing its affairs and carrying out its re-sponsibilities hereunder to the extent it deems advisable, as well as such other personnel as the Association shall determine to be neces-sary or desirable, whether such personnel are furnished or employed directly by the Association or by the Manager. Any management agreement must be terminable for cause upon thirty (30) days notice, be for a term not to exceed three (3) years, and be renewable only upon mutual consent of the parties.

Section 5. Personal Property for Common Use. The Asso-ciation may acquire and hold tangible and intangible personal prop-erty and may dispose of the same by sale or otherwise, subject to such restrictions, if any, as may from time to time be provided in the Asso-ciation’s Articles or By-Laws.

Section 6. Insurance. The Association at all times shall pro-cure and maintain adequate policies of public liability and other insur-ance as to the Common Property as it deems advisable or necessary.

Section 7. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration, its Articles or By-Laws, or by law and every other right or privilege reasonably implied from the existence of any right or privilege granted herein or therein or reasonably necessary to effectuate the exercise of any right or privileges granted herein or therein.

ARTICLE VI

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot by acceptance of deed or other transfer or conveyance thereof, whether or not it shall be so expressed in such deed, transfer or conveyance, is deemed to covenant and agree to pay to the Association. (1) annual assessments or charges; and (2) special assessments or charges against a particular Lot as may be pro-vided by the terms of this Declaration. Such assessments and charges,

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together with interest, costs and reasonable attorney’s fees, shall be a charge on the land and shall be a lien upon the property against which such assessment is made. Each such assessment or charge, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation for delinquent assessments shall pass to Owner’s successors as well as remain the obligation of the Owner at the time the assessment was due.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreation, health, safety, and welfare of the residents of the Properties, and for the im-provement and maintenance of the Common Property and the carry-ing out of the other responsibilities and obligations of the Association under this Declaration, the Articles, and the By-Laws.

Section 3. Annual Assessment. The annual assessments shall be determined by the Board of Directors of the Association prior to January 1 of each year by determining the sum necessary to fulfill the obligations and purpose of the assessment. Written notice of the annual assessment shall then be sent to all Owners containing the due date and amount.

Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment for the pur-pose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, in-cluding fixtures and personal property related thereto, the cost of ac-quiring any property pursuant to the authority granted in Article III Section (1) hereof, or for any emergency purpose provided that any such assessments shall have the assent of fifty percent (50%) of the members who are voting in person or by absentee ballot at a meeting duly called for this purpose.

Section 5. Notice of Meeting and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any members meeting called for the purpose of taking any action authorized under Section 3 and 4 of this Article shall be sent to all members pursuant to the By-Laws. Section 6. Exemption from Assessments. The assessments, charges and liens provided for or created by this Article VI shall not

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laration.

Section 4. Manager. The Association may obtain, employ and pay for the services of an entity or person, hereinafter called the “Manager,” to assist in managing its affairs and carrying out its re-sponsibilities hereunder to the extent it deems advisable, as well as such other personnel as the Association shall determine to be neces-sary or desirable, whether such personnel are furnished or employed directly by the Association or by the Manager. Any management agreement must be terminable for cause upon thirty (30) days notice, be for a term not to exceed three (3) years, and be renewable only upon mutual consent of the parties.

Section 5. Personal Property for Common Use. The Asso-ciation may acquire and hold tangible and intangible personal prop-erty and may dispose of the same by sale or otherwise, subject to such restrictions, if any, as may from time to time be provided in the Asso-ciation’s Articles or By-Laws.

Section 6. Insurance. The Association at all times shall pro-cure and maintain adequate policies of public liability and other insur-ance as to the Common Property as it deems advisable or necessary.

Section 7. Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration, its Articles or By-Laws, or by law and every other right or privilege reasonably implied from the existence of any right or privilege granted herein or therein or reasonably necessary to effectuate the exercise of any right or privileges granted herein or therein.

ARTICLE VI

COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot by acceptance of deed or other transfer or conveyance thereof, whether or not it shall be so expressed in such deed, transfer or conveyance, is deemed to covenant and agree to pay to the Association. (1) annual assessments or charges; and (2) special assessments or charges against a particular Lot as may be pro-vided by the terms of this Declaration. Such assessments and charges,

21

together with interest, costs and reasonable attorney’s fees, shall be a charge on the land and shall be a lien upon the property against which such assessment is made. Each such assessment or charge, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation for delinquent assessments shall pass to Owner’s successors as well as remain the obligation of the Owner at the time the assessment was due.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreation, health, safety, and welfare of the residents of the Properties, and for the im-provement and maintenance of the Common Property and the carry-ing out of the other responsibilities and obligations of the Association under this Declaration, the Articles, and the By-Laws.

Section 3. Annual Assessment. The annual assessments shall be determined by the Board of Directors of the Association prior to January 1 of each year by determining the sum necessary to fulfill the obligations and purpose of the assessment. Written notice of the annual assessment shall then be sent to all Owners containing the due date and amount.

Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment for the pur-pose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, in-cluding fixtures and personal property related thereto, the cost of ac-quiring any property pursuant to the authority granted in Article III Section (1) hereof, or for any emergency purpose provided that any such assessments shall have the assent of fifty percent (50%) of the members who are voting in person or by absentee ballot at a meeting duly called for this purpose.

Section 5. Notice of Meeting and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any members meeting called for the purpose of taking any action authorized under Section 3 and 4 of this Article shall be sent to all members pursuant to the By-Laws. Section 6. Exemption from Assessments. The assessments, charges and liens provided for or created by this Article VI shall not

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apply to the Common Property, any property dedicated to and ac-cepted for maintenance by a public or governmental authority or agency, any property owned by a public or private utility company or public or governmental body or agency.

Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall com-mence as to all Lots owned by members at the time of closing of the purchase of a Lot and shall be adjusted according to the number of remaining days in that calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot in advance of each annual assessment period. Written notice of the annual assess-ment shall be sent to every Owner subject thereto. Unless otherwise established by the Board of Directors, annual assessments shall be collected once a year, with payments due on the first day of each year in advance. The due date for special assessments shall be as estab-lished by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the As-sociation as of the date of its issuance.

Section 8. Lien for Assessments. All sums assessed to any Lot pursuant to this Declaration, together with interest and all costs and expenses of collection, including reasonable attorney’s fees, shall be secured by a continuing lien on such Lot in favor of the Associa-tion. This Section shall not limit in any way the personal obligation of the Owner or Owners of such Lot as of the date of any assessment to pay such assessment.

Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or other-wise escape liability for the assessments provided for herein by non-use of the Common Property, or abandonment of his Lot. In the event the Association chooses to bring an action at law for collection, rather than foreclose its lien, such action may be brought in the small claims division of County Court, or such other court as may have jurisdic-tion. In addition to the amount of all delinquent assessments, and in-

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1. Members shall be Owners of Lots subject to assess-ments.

2. Members shall be entitled to one (1) vote for each Lot owned.

ARTICLE V

RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

Section 1. Responsibilities. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Property, and shall keep the same in good, clean and proper condition, order and repair. The maintenance responsibilities of the Association shall include, but not be limited to, those items listed in Exhibit B attached hereto. The Association shall be responsible for the payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Property, and per-formance of its other obligations hereunder and shall have the author-ity to levy assessments against each Lot for the purposes given in Sec-tion 2 in Article VI.

Section 2. Right of Entry. The Association is hereby granted a right of entry to each Lot to the extent reasonably necessary to discharge its duties of maintenance, or for any other purpose rea-sonably related to the Association’s performance of any duty, or its exercise of any easement or right granted by this Declaration. Such right of entry shall be exercised in a reasonable manner and at reason-able times whenever the circumstances permit. In the event the Asso-ciation shall be unable to gain entry to a Lot as provided above due to the absence of the Owner, the Association, at its election shall be au-thorized to use means reasonably necessary to gain entry. Such action shall not constitute a trespass, and any expenses so incurred by the Association shall be specially assessed against the Lot and be immedi-ately due and payable.

Section 3. Rules and Regulations. The Association may from time to time, adopt, alter, amend or rescind reasonable rules and regulations governing the use of the Lots, which rules and regulations shall be consistent with the rights and duties established by this Dec-

18

of Directors.

Section 6. Signs Prohibited. No sign of any kind shall be displayed in or on the Common Property without the prior written consent of the Association.

Section 7. Animals. No animals shall be permitted on or in the Common Property at any time except as may be provided in the Rules and Regulations of the Association.

Section 8. Rules and Regulations. No Owner or other per-mitted user shall violate the reasonable Rules and Regulations for the use of the Common Property, as the same are from time to time adopted by the Association.

ARTICLE IV

MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a member of the Association, subject to and bound by the Association’s Articles of Incorporation, By-Laws, Rules and Regulations, and this Declaration. The foregoing does not include persons or entities who hold a leasehold interest or interest merely as security for the performance of an obligation. Ownership, as defined above, shall be the sole qualification for membership. When any Lot is owned of record by two or more persons or other legal entities, all such persons or entities shall be members. An Owner of more than one Lot shall be entitled to one membership for each Lot owned by him. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment, and it shall be automatically transferred by conveyance or other trans-fer of that Lot.

Section 2. Class of Members. The Association shall have one class of voting membership. All votes will be cast in the manner provided in the By-Laws. When more than one person or entity holds an interest in any Lot, the vote for such Lot shall be exercised as such persons determine, but in no event shall more than the number of votes hereinafter designated be cast with respect to such Lot. The one class of voting membership, and voting rights related thereto, are as follows:

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terest due thereon, the Owner shall also be obligated in such action for all costs and expenses of collection, including attorney’s fees incurred by the Association.

Section 10. Foreclosure. The lien for sums assessed pursu-ant to this Declaration may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Florida. In any such foreclosure, the Owner shall be required to pay all costs and expenses of foreclosure, including reasonable attorney’s fees. All such costs and expenses shall be se-cured by the lien being foreclosed. The Owner shall also be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure, and the same shall be secured by the lien foreclosed and accounted for as of the date the Owner’s title is divested by foreclosure. The Association shall have the right and power to bid at the foreclosure or other legal sale to ac-quire the Lot foreclosed, and thereafter to hold, convey, lease, rent, encumber, use and otherwise deal with the same as the owner thereof.

Section 11. Homestead. By acceptance of a deed thereto, the Owner and spouse thereof, if married, of each Lot shall be deemed to have waived any exemption from liens created by this Declaration or the enforcement thereof by foreclosure or otherwise, which may otherwise have been available by reason of the homestead exemption provisions of Florida law, if for any reason such are applicable. This Section is not intended to limit or restrict in any way the lien or rights granted to the Association by this Declaration, but to be construed in its favor.

Section 12. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage which is given to or held by a commercial or savings bank, savings and loan association, insurance company, mortgage company, pension fund, any private or governmental insti-tution such as FNMA, FHA, VA, or any other institutional lender. The sale or transfer of any Lot pursuant to foreclosure of such a first mortgage or any proceeding or deed in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE VII

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ARCHITECTURAL CONTROL

All new construction, exterior changes or modifications to any residential dwelling on a Lot, including homes, fences, walls, structures, landscaping, mailboxes or improvements to be added to requires the plans and specifications showing the nature, kind, shape, height, materials, color to be used on the exterior, and location of the same shall have been submitted to and approved in writing by the board of Directors of the Association, or by an Architectural Commit-tee composed of three (3) or more representatives appointed by the Board. In the event the Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. No approval shall be given by the Board or its designated committee pursuant to the provisions of this Article unless it determines in its sole discretion that such approval shall: (a) assure harmony of external design, materials and location in relation to surrounding buildings and topography within the Properties; (b) protect and conserve the value and desirability of the Properties as a residential community. If an application request is properly submitted to the Architecture Committee and the Committee rejects the applica-tion, the Lot Owner may appeal to the Board of Directors in writing within thirty (30) days of the rejection.

In addition to the overall architectural control exercised by the Board of Directors and the Architectural Committee, the following specific architectural requirements shall apply:

Section 1. Minimum Residence Size. All residences must contain a minimum heated living area of 1,850 square feet, and a pri-vate, fully enclosed attached garage for not less than two (2) nor more than three (3) cars.

Section 2. Setbacks. All initial home construction and struc-tural additions to residences after initial construction by the Home Builder must conform to the existing setback requirements, which, unless otherwise specified, are 25’ from rear lot line, 7.5’ from side lot line, 20’ from the front lot line, and a street side setback of 10’. For Lots 52-55 inclusive, the rear setback is 30’, the side setback is 25’ total house-to-house, the front setback is 25’, and the street side setback is 15’. For lots 85-87 inclusive, the rear setback is 20’, the

17

such Irrigation Facilities. By recorded instrument, the Association shall have the right to waive or relinquish its easement rights in whole or in part by action of its Board of Directors.

Section 3. Grants and Reservations of Easements. The As-sociation hereby reserves easements for the installation and mainte-nance of utilities and drainage areas as shown on the Plat. Within the easements, no structure, planting or other materials may be placed or permitted to remain which may damage or interfere with the installa-tion and maintenance of utilities or which may change the direction of flow of drainage canals in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The area of each Lot upon which an easement is located shall be maintained continuously by the Owner of the Lot, except that those improvements which are the property of a public authority or utility company shall be maintained by such authority or utility company.

The Association also hereby reserves easements for the in-stallation and maintenance of entrance features, privacy walls or berms, and other structures as it in its sole discretion determines to be desirable for the enhancement of the aesthetic appearance of the Prop-erty.

Section 4. Delegation of Use. An Owner’s right of enjoy-ment to the Common Property and any facilities existing thereon, sub-ject to the Association’s Rules and Regulations, shall extend to the members of his family, provided the foregoing actually reside at the Owner’s Lot. If an Owner shall rent his Lot or sell it pursuant to a contract for deed, the tenant or contract purchaser shall only have such right of enjoyment if it is delegated by the Owner in accordance with the By-Laws. An Owner shall not be entitled to use any facilities during the time such rights have been delegated to a tenant or contract purchaser.

Section 5. Prohibition of Certain Activities. No damage to, or waste of, the Common Property or any part thereof, shall be com-mitted by any Owner or any tenant or invitee of any Owner. No nox-ious, destructive or offensive activity shall be permitted on or in the Common Property or any part thereof, nor shall anything be done thereon which may be or may become an unreasonable annoyance or nuisance to any other Owner. No Owner may maintain, treat, landscape, sod, or place or erect any improvement or structure of any kind on the Common Property without the prior approval of the Board

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rescind reasonable rules and regulations regarding use of said area;

(b) The right of the Association to suspend the voting rights and right to use any facilities by an Owner for any pe-riod during which any assessment levied under this Dec-laration against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

(c) The right of the Association to grant easements as to the Common Property owned by it or any part thereof as provided by its Articles; and

(d) The right of the Association to otherwise deal with the Common Property as provided by its Articles.

(e) The right of the Association, in accordance with its Arti-cles and its Bylaws, to borrow money for the purpose of improving or increasing the Common Property and in aid thereof with the assent of two-thirds (2/3) of Mem-bers to mortgage said properties. Said mortgage shall be subordinate to the Members’ rights as provided hereinaf-ter. In the event of a default upon any such mortgage, the Lender’s rights hereunder shall be limited to a right, after taking possession of such area, to charge admis-sions and other fees as a condition to continued enjoy-ment by the Members and, if necessary, to open the en-joyment of such area to a wider public until the mort-gage debt is satisfied, whereupon the possession of such area shall be returned to the Association and all rights of the Members hereunder shall be fully restored; provided that under no circumstances shall the rights of the Mem-bers of ingress, egress and parking be affected.

Section 2. Easement for Irrigation Facilities. The Associa-tion hereby reserves the right and easement to construct, place, and install on all Lots from time to time such irrigation and sprinkler lines and heads, control panels, and related facilities and equipment (the foregoing being collectively referred to hereafter as the “Irrigation Facilities”) for the purpose of providing irrigation to the Common Property within the Properties as it deems appropriate. The Associa-tion shall also have and does hereby reserve, the right of access to any

25

side setback 7.5’, the front setback is 25’, and the street side setback is 15’.

Section 3. Structural Additions. No structural additions will be permitted without written permission of the Architectural Commit-tee.

Section 4. Materials. Exterior building and roof materials shall be real and not artificial or simulated (e.g. plywood, simulated brick, etc.). Roofs shall be of cement tile, clay tile, slate, shake shin-gle, dimensional shingle, or copper unless otherwise expressly ap-proved by the Architectural Committee.

Section 5. Roofs. The proportions of roofs shall be consis-tent with the architectural style of the home. Flat roofs shall not ex-ceed 20% of the total roof area unless expressly approved by the Ar-chitectural Committee. The main roof, and any addition, of the dwell-ing shall have a pitch of not less than five to twelve. Heating/air con-ditioning and plumbing vents shall not penetrate the roof on the road-side of the building unless determined to be absolutely necessary by the Architectural Committee. In all cases, vents shall be painted the same color as the roof.

Section 6. Mechanical and Electrical Equipment. All me-chanical and electrical equipment including transformers and air con-ditioning condensers and compressors shall be screened from view and shall be properly housed or landscaped in a manner which will blend with the site and residence. Roof-mounted equipment shall be housed in a manner that will prevent visibility from the ground or from the upper floors of other structures. No window or wall air con-ditioning or heating units shall be permitted.

Section 7. Mailboxes. All mailboxes must be approved by the Architectural Committee.

ARTICLE VIII

LANDSCAPING AND IRRIGATION

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FACILITY REQUIREMENTS

It is the purpose of this Article to establish certain guidelines that shall insure a minimum standard for functional and aesthetic landscape treatment for Whitcomb Place. It is recognized that the proper use of landscaping can effectively provide shade and cooling, aid in channeling traffic, control and modulate views and, at the same time contribute to air purification, oxygen regeneration, noise absorp-tion, glare reduction, wind and heat abatement and increased water absorption into the soil due to the reduction of water runoff. All land-scaping should be designed to provide a high level of community aes-thetics and preserve the best characteristics of the natural environ-ment.

Section 1. Minimum Landscape Requirements. The follow-ing landscape materials shall be provided and installed in all homes within thirty (30) days after substantial completion of the home.

a. Front areas from the rear of the home to the street shall present an attractive appearance, emphasizing and rein-forcing the major entry and the architectural design of the house. Landscaping shall incorporate a mix of four (4) approved trees and shrubs and groundcovers equal to 12% of the front area or 250 square feet, whichever is greater, in a design appropriate to the scale and design of the house. The rear of the home must have a minimum of two (2) approved trees, making a total of six (6) ap-proved trees. In instances where trees exist on a home site prior to the building of a home, a credit of one tree shall be allowed for each existing deciduous, evergreen, or pine tree of minimum 6” caliper measured at a height of 3’ above the ground. Credit will be granted only for trees which can be preserved in a healthy condition, free from disease, injury, and harmful fungi and insects. Regardless of the total number of existing trees on a home site, there shall be a minimum of two (2) trees in the front area of the home.

b. The immediate area around each house shall be provided with shrubs and/or hedges sufficient in size and quantity to provide an effective foundation planting and screen-ing of services. All areas of the Lot not landscaped in planting beds shall be sodded with Floratam or Floratine

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tions thereof.

Section 11. “Home Builder” shall mean a person or entity engaged professionally in the business of building residential dwell-ings for sale. A person building a home who intends to retain owner-ship of the dwelling for his own personal use or as a rental property shall be excluded from this definition.

Section 12. “Residence” shall mean and refer to a single family dwelling located on a Lot, and the word Residence when the context so requires may be used interchangeably herein with the word Lot.

Section 13. “Plat” shall mean and refer to any recorded or unrecorded subdivision map or maps of all or a portion of the Proper-ties.

ARTICLE II

PURPOSE

Section 1. Operation, Maintenance and Repair of Common Property. The purpose of the Association shall be to operate, maintain and repair the Common Property, and any facilities thereon; to main-tain any irrigation facilities servicing the Common Property; and to take such other action as the Association is authorized to take with regard to the Properties pursuant to its Articles of Incorporation and By-Laws, or this Declaration.

ARTICLE III

PROPERTY RIGHTS

Section 1. Owner’s Easement of Enjoyment. No such ease-ment shall exist to any property located within an individual Lot not owned by the Association unless the easement has been specifically granted by the Owner of the Lot in writing and has been recorded in the Public Records of Pinellas County, Florida. Each Owner’s right and non-exclusive easement of enjoyment as described in this para-graph shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:

(a) The right of the Association from time to time in accor-dance with its By-Laws to establish, modify, amend and

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Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Parcel which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. “Declaration” shall mean and refer to this Decla-ration of Covenants, Conditions and Restrictions for Whitcomb Place and any amendments or modifications thereof hereafter made from time to time.

Section 4. “Properties” or “Property” shall mean and refer to that certain real property described in attached Exhibit “A,” whether now or hereafter platted.

Section 5. “Common Property” shall mean all real property (including the improvements thereon) now or hereafter owned or maintained by the Association for the enjoyment of the Owners. This definition includes but is not limited to detention ponds, entrance fea-tures, signage, privacy walls, landscaping, and berms.

Section 6. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat of the Properties, now or hereafter recorded, with the exception of Common Property owned by the Association, and a Lot may include any portion or portions of any other Lot adjacent thereto and under common ownership.

Section 7. “Parcel” shall mean and refer to any part of the Properties, other than Common Property owned by the Association, Lots. Any Parcel, or part thereof however, for which a subdivision plat is hereafter filed or recorded shall, as to such portion, cease being a Parcel, or part thereof, and shall become Lots, or Common Property, as appropriate.

Section 8. “Board of Directors” shall mean and refer to the Association’s Board of Directors.

Section 9. “Articles” shall mean and refer to the Articles of Incorporation of the Association, including any and all amendments or modifications thereof.

Section 10. “By-laws” shall mean and refer to the By-Laws of the Association, including any and all amendments or modifica-

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grass or similar grass or groundcover approved by the Architectural Committee. The final choice of grass spe-cies should be made by considering the amount of sun vs. shade in the specific location and resistance to in-digenous insects.

Section 2. Material and planting standards. The minimum plant material sizes and planting spacings shall be as follows:

a. Trees. All trees planted in satisfaction of the require-ments of this Article shall be a minimum of 3” caliper at 3’ above ground level, and shall be 10'-12 ‘ in height with a spread of 4’-6’. Each tree shall have a minimum planting area of twenty-five (25) square feet with a mini-mum distance of two and one-half (2 ½) feet from the center of the tree trunk to the near edge of any landscape area. The following tree species are suggested for plant-ing in Whitcomb Place:

Camphora Tree (Cinnamomum Camphora) Acer rubrum (Red Maple) Chinese Elm (Ulmus parvifolia sempervirens) Laurel Oak (Quercus laurifolia) Live Oak (quercus virginiana) Slash Pine (pinus elliotti) Southern Magnolia (Magnolia grandiflora) Sweet Gum (Liquidambar styraciflua) Sycamore (Platanus occidentalis)

b. Shrubs. Shrubs classified as a “spreading type” shall be in a minimum one (1) gallon container, those classified as an “upright type” shall be in a minimum three (3) gallon container at time of planting.

c. Vines. Vines shall be in a minimum of three (3) gallon containers and placed at a maximum of ten (10) feet on center. Vines may be used in conjunction with fences, screens, and walls.

d. Groundcovers. Groundcovers shall be in a minimum of four (4) inch pots or pipes and planted at a minimum of six (6) inches on center, or twelve (12) inch maximum depending on genus.

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e. Hedges. Hedges shall be planted a maximum of three (3) feet on center. All plant material used for hedges and screens shall be planted to create an 80% opaque screen at 36” of height at planting and within one (1) year to 48” in height.

f. Mulch beds. All trees shall have a mulch bed that has a minimum radius of two and one-half (2 ½) feet meas-ured from the center of the tree trunk(s). Each shrub shall have a mulch bed that has a minimum radius of twelve (12) inches measured from the center of the plant. Shrubs planted in mass shall have a continuous mulch bed. All vines and groundcovers shall be a mini-mum of two (2) inches in depth.

Section 3. Plant Quality. Plant material used for landscap-ing in conformance with the provisions of this Article shall equal or exceed the standards for Florida No. 1 as given in the latest edition of Grades and Standards for Nursery Plants, State of Florida, Depart-ment of Agriculture and Consumer Services, Tallahassee. Standards for sizing and measurement of plant material shall also be in accor-dance with this document. The sizes for plant material given in this chapter shall be the minimum size at the time of installation.

Section 4. Workmanship. All plant material shall be in-stalled in accordance with the standards as established by the Ameri-can Association of Nurserymen and Horticultural Industry. All plant materials must be warranted for a minimum of six (6) months. Re-placement of any dead material shall be effected within thirty (30) days. All trees with root systems which are likely to cause damage to public roadways or underground utility lines shall be planted so as not to damage such public works.

Section 5. Prohibited Species and Materials. The following species are prohibited on lots in Whitcomb Place:

Malaleuca Ouinquenervia (punk tree or cajeput tree) Schinus terebinthifolius (Brazilian pepper tree) Causuarina sp. (Australian pine tree) Paspalum sp. (Bahia grass) Artificial plants or vegetation.

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AMENDEDDECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONSFOR WHITCOMB PLACE

RECITALS

WHEREAS, the Board of Directors and Lot Owners of The Whitcomb Place Homeowners Association, Inc., hereinafter referred to as Association, desire to amend the Declaration of Covenants, Con-ditions and Restrictions for said Homeowners Association which Dec-laration of Covenants, Conditions and Restrictions has been recorded on March 13, 1990, in Official Record Book 7222, Page 1303, et seq., of the Public Records of Pinellas County, Florida; and WHEREAS, a special meeting of the Board of Directors of the corporation and said Lot Owners was duly called in accordance with the Declaration of Covenants, Conditions and Restrictions and Bylaws; and WHEREAS, at such meeting on April 3, 2005, there was present a quorum of directors and a quorum of Lot Owners as defined and required by the Bylaws and the Declaration of Covenants, Condi-tions and Restrictions for said Association; and WHEREAS, after due consideration of said proposed amend-ment, the same was presented for a vote, and was approved by the vote of the required percentage of Lot Owners according to the provi-sions of the Bylaws and the Declaration of Covenants, Conditions and Restrictions for said Association; and WHEREAS, that the Board of Directors and the Lot Owners have approved the amendment to the Declaration of Covenants, Con-ditions and Restrictions and said amendment is herein after provided. NOW, THEREFORE, said Declaration of Covenants, Condi-tions and Restrictions shall be hereby amended pursuant tot the here-tofore stated authority and requirements, which amendment is to be provided within said Declaration of Covenants, Conditions and Re-strictions, and said amendment is as follows:

ARTICLE I

DEFINITIONS

Section 1. “Association” shall mean and refer to The Whitcomb Place Homeowners Association, Inc., a Florida non-profit corporation, its successors and assigns.

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Directors shall require a vote of not less than two-thirds (2/3) of mem-bers of the Association. In determining whether assessments exceed one hundred fifteen per cent (115%) of similar assessments in prior years, there shall be excluded in the computation any provision for reasonable reserves made by the Board of Directors in respect of re-pair or replacement of the property or in respect of anticipated ex-penses by the Association which were not anticipated to be incurred on a regular or annual basis. There shall also be excluded from such computation assessments for betterments to the property. An example of this procedure is if a previous year’s assessments for a Lot were $100.00 per year, then the assessment may increase to $115.00 per year by Board of Directors action alone.

The proposed annual budget shall be detailed and shall show the amounts budgeted by accounts and expense classifications.

ARTICLE VII – AMENDMENT OF BYLAWS

The Bylaws of the Association may be modified, amended or re-voked, unless specifically prohibited elsewhere herein, at any regular or special meeting of the members of the Association by not less than seventy-five per cent of the votes of the entire membership of the As-sociation, provided that no less than fourteen (14) days’ notice of said meeting has been given to the members of the Association, which notice contained a full statement of the proposed modification, change or revocation.

The foregoing were adopted as the Bylaws of THE WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC., a corporation not for profit under the Laws of the State of Florida, at the meeting of the Board of Directors on April 3, 2005.

The Whitcomb Place Homeowners Association, Inc.

By: Leonard A. Gravitz, Secretary

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Section 6. Inorganic Materials. Use of indigenous materials (i.e. rocks, gravel, etc.) to function as groundcover or paving substi-tutes shall be permitted only with the express permission of the Archi-tectural Committee and shall only be considered if governed by a strong design concept or in areas where organic material will present maintenance or logistics problems.

Section 7. Earthen Berms. Berms shall be smooth flowing natural forms and must be finely graded to blend into the surrounding landscape. Architectural berms with straight lines, uniform slopes, and crisp angular change in direction are not permitted. The height of berms should be varied to avoid a monotonous appearance. No ber-ming shall impede drainage or cause other drainage problems.

Section 8. Irrigation Facilities. All landscaped and sodded areas, including vehicular access rights-of-way shall be provided with a permanent underground automatic irrigation system. The system shall be capable of providing 100% head to head coverage and ade-quate precipitation for all plant materials. Where isolated planters are installed, hose bibs or quick couplers shall be installed so as to permit watering by a standard fifty (50) foot garden hose. Irrigation facilities shall be installed and functioning at the time of installation of land-scaping materials. Due to the presence of staining elements in the groundwater in Whitcomb Place, all irrigation systems shall utilize the City of Tarpon Springs municipal water supply as the water source unless otherwise approved by the Association in writing. Wells or pumps may be installed with Association approval, but if any staining occurs, the homeowner shall be responsible for correcting the problem and removing any stains. If the problem cannot be corrected, the homeowner must use municipal potable or treated waste water.

Section 9. Proviso. Nothing herein shall prohibit any Lot Owner from implementing Xeriscape or Florida-friendly landscape as defined in Florida Statues §373.185(1) on his Lot.

ARTICLE IX

MAINTENANCE OF RESIDENCE

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In order to further establish and preserve the Properties as a residential community, the Owners covenant that they shall at all times maintain the exterior portions of their Residences, including lawns, shrubbery and landscaping, in a neat and aesthetically pleasing and proper condition. Guidelines for this area may be found on the Association Website, "WhitcombPlace.org". In the event that any Owner fails to maintain his Residence pursuant to this Covenant (“Defaulting Owner”), an authorized designate of the Board shall have the right, upon thirty (30) days written notice, to enter the property of a Defaulting Owner for the purpose of performing the maintenance described in the notice. The cost of performing such maintenance and the expenses of collec-tion, including court costs and reasonable attorneys’ fees, shall be assessed against the Defaulting Owner and shall become a lien in fa-vor of the Association upon the Lot of the Defaulting Owner under the lien rights of the Association as described in Article VI herein. Said lien shall be effective only from and after the time of recordation amongst the records of the County, of a written acknowledged state-ment signed by a majority of the Board of Directors setting forth the amount due. Upon full payment of all sums secured by the lien, the party making payment shall be provided a recordable satisfaction of lien by the Association.

ARTICLE X

USE RESTRICTIONS

Section 1. Residential Use. All Lots shall be for residential use only, and only single family homes approved in accordance with Article VII (Architectural Control) may be constructed thereon. No commercial or business occupations may be carried on in Whitcomb Place except for the construction, development and sale or rental of residences. No structure of temporary character, or trailer, or tent, or other “outbuildings” may be erected or located on a Lot, except for a construction shack or temporary toilet during construction of a Resi-dence. No temporary structure may be used as a Residence.

Section 2. Animals. No pit bull dogs, animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that cats, dogs (other than pit bull dogs), and other household pets may be kept provided they are not kept, bred, or maintained for any commercial purposes, are not a nuisance to the neighborhood, and are primarily maintained inside the residence. No person owning or in custody of an animal shall allow it to stray or go upon another’s Lot

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Section 20. Treasurer. The treasurer shall have responsibility forAssociation funds and securities, and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in booksbelonging to the Association. The treasurer shall be responsible for the deposit of all monies and other valuable effects in the name, andto the credit, of the Association in such depositories as may from timeto time be designated by the Board of Directors.

ARTICLE V – ASSESSMENT AND COLLECTION

As more fully provided in the Declaration of Covenants, Conditionsand Restrictions, each Owner is obligated to pay to the Associationannual and special assessments which are secured by a continuing lien against the Lot against which is made, which lien is in favor of theAssociation. Said lien shall secure not only unpaid, delinquent assess-ments, but also reasonable attorney’s fees and other costs of collectingassessments and interest at the highest lawful rate. Said lien shall dateback to the date of recording of the Declaration of Covenants, Condi-tions and Restrictions and shall be prior to the creation of any home-stead status or subsequent lien or encumbrance, except that said lienshall be subordinate and inferior to that of any institutional first mort-gage lender.

ARTICLE VI – ANNUAL BUDGET

Pursuant to Article IV, Section 2, paragraph b. of these Bylaws, theBoard of Directors shall have the power and duty of preparing andadopting an annual operating budget for the Association. Each Lot Owner shall be given written notice of the time and place at which themeeting at which the budget will be considered shall be held, andsuch meeting shall be open to the Lot Owners. If a budget is adoptedby the Board of Directors which requires assessment against the Lot Owners in any fiscal or calendar year exceeding one hundred fifteen per cent (115%) of such assessments for the preceding year, upon written application of ten per cent (10%) of the Lot Owners, a specialmeeting of the Lot Owners shall be held upon not less than ten (10)days’ written notice to each Lot Owner, but within thirty (30) days of the delivery of such application to the Board of Directors or any mem-ber thereof, at which special meeting Lot Owners may consider andenact a revision of the budget, or recall any and all members of the Board of Directors and elect their successors. In either case, the revi-sion of the budget or the recall of any and all members of the Board of

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Section 13. Fidelity Bonds. The Board of Directors may require that all officers and employees of the Association handling or respon-sible for Association funds shall furnish adequate fidelity bonds. Thepremiums of such bonds shall be paid by the Association.

Section 14. Designation of Officers. The principal officers of theAssociation shall be a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer and anAssistant Secretary, and such other officers as in their judgment maybe necessary.

Section 15. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board, and shall hold office at the pleasure ofthe Board.

Section 16. Removal of Officers. Upon an affirmative vote of amajority of the members of the Board of Directors, any officer may beremoved, either with or without cause, and his successor elected atany regular meeting of the Board of Directors, or at any special meet-ing of the Board called for such purpose.

Section 17. President. The president shall be the chief executive officer of the Association. He shall preside at all meetings of the As-sociation and of the Board of Directors. He shall have all of the gen-eral powers and duties which are usually vested in the office of presi-dent of the Association.

Section 18. Vice President. The vice president shall take the placeof the president and perform his duties whenever the president shallbe absent or unable to act. If neither the president nor the vice presi-dent is able to act, the Board of Directors shall appoint some othermember of the Board to do so on an interim basis. The vice presidentshall also perform such other duties as shall from time to time be im-posed upon him by the Board of Directors.

Section 19. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors, and the minutes of all meetings ofthe Association; he shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of secretary.

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without the consent of the Owner of such Lot. All animals must be on a leash when outside of the Owner’s Lot. If any permitted animals shall in the sole discretion of the Association become dangerous, an annoyance, or a nuisance, they may not be kept on the Property.

Section 3. Vehicles. No trailers, campers, boats, recrea-tional vehicles, motorcycles, or commercial vehicles of any kind shall be parked on or adjoining the Property, where visible from the street, or from a neighbors yard, with the exception of delivery vehicles or service vehicles while in the process of performing their services. No vehicle shall be parked on any part of the Property except on paved streets, paved driveways, and in garages. No vehicles shall be parked on the street overnight, excepting guests and then for no more than 7 days in a 30 day period, unless permission is received from the Property Manager due to special circumstances.

Section 4. Dumping or storage of rubbish. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

Section 5. Signs. The following signs shall be permitted:

a. One (1) For Rent or For Sale sign, no larger thanfour square feet.

b. One (1) sign indicating “security system”.

c. Two (2) preprinted signs for political office nolarger than four square feet per sign. To beplaced on lawns not more than 30 days priorto election and removed within 24 hours afterthe election. d. One (1) preprinted sign “beware of dog"

e. One (1) sign relating to xeric compliance.

Section 6. Nuisances. No noxious or offensive activity shall be carried out upon any Lot, nor shall anything be done thereon which may be or become a nuisance or an unreasonable annoyance to the neighborhood. No automobile or other vehicle mechanical repairs or like activity shall be conducted on any Lot other than in a garage and concealed from public view. No garage sales or like activity shall be conducted anywhere on the Property without the prior written permis-sion of the Association.

Section 7. Garage Doors. Garage doors shall be kept closed

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except when in use.

Section 8. Antennae and Aerials. No antennas or aerials shall be placed upon any Lot or Residence without the express written approval of the Association except for one outdoor television antenna to provide normal television reception. No ham radios or radio trans-mission equipment shall be operated or permitted to be operated on the Property. No satellite dishes shall be allowed unless they are hid-den from view.

Section 9. Clothes Lines. Outdoor permanent clotheslines shall be prohibited on the Subject Property. Portable rotary type or reel type clothes dryers will be permitted in the rear yard only. On corner Lots such portable dryers will not be placed within 25’ of side street line, and said clothes dryers must be stored when not in use. In all cases, any portable clothes dryers must be completely screened from the view of neighbors and road traffic.

Section 10. Trash Containers. All cans and containers used for collection and disposal of refuse, garbage, rubbish or other dis-carded matter upon the premises must be placed so as to be shielded from street view and not displayed in the front of any Lot or parcel except on regular days for collection of trash, garbage and rubbish as may be provided by any sanitary service unit, and then only when such service unit requires the container or containers to be placed in the front of any dwelling. Trash pads shall be either fenced or land-scaped.

Section 11. Fences. The architectural design of any fencing installed shall, in all respects, be of pleasing appearance and shall be continuously well maintained in a good state of repair by the lot owner. All fencing is subject to the following:

1. Chain link fences are prohibited throughout WhitcombPlace except as may be mandated on a tract or parcel bygovernmental authority.

2. Except as hereinafter provided, no wall-type fence orsolid board fences shall be erected or maintained in anyfront yard or in any yard facing a street or avenue.

3. For lots bordering either Meres Boulevard or WhitcombBoulevard (Lots #1, 16 through 32, inclusive, 39, 40,

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Section 7. Regular Meetings. Regular meetings of the directors maybe held at such time and place as shall be determined, from time totime, by a majority of the directors, but at least two such meetingsshall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each director, personally or bymail, telephone or telegraph, at least three days prior to the day namedfor such meeting.

Section 8. Special Meetings. Special meetings of the Board of Directors may be called by the President on three days’ notice to eachdirector, given personally or by mail, telephone or telegraph, whichnotice shall state the time, place (as hereinabove provided) and pur-pose of the meeting. Special meetings of the Board of Directors shallbe called by the President and Secretary, in like manner and on like notice, on the written request of at least two directors.

Section 9. Notice of Meetings to Lot Owners. Meetings of theBoard of Directors shall be open to all Lot Owners and notice of meetings shall be posted in a conspicuous place in the communityforty-eight (48) hours in advance of a meeting, except in an emer-gency.

Section 10. Waiver of Notice. Before or at any meeting of theBoard of Directors, any director may, in writing, waive notice of suchmeeting, and such waiver shall be deemed equivalent to the giving ofsuch notice. Attendance by a director at any meeting of the board ofDirectors shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Board, nonotice shall be required and any business may be transacted at suchmeeting.

Section 11. Minutes. Minutes of all meetings of the Board of Di-rectors and of the Lot owners shall be kept in a businesslike mannerand available for inspection by Lot Owners and Board members at all reasonable times.

Section 12. Quorum. At all meetings of the Board of Directors amajority of the directors shall constitute a quorum for the transactionof business, and the acts of the majority of the directors present at ameeting at which a quorum is present shall be the acts of the Board ofDirectors. If at any meeting of the Board of Directors there be lessthan a quorum present, the majority of those present may adjourn themeeting from time to time.

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(6) General reserves, maintenance reserves and depreciation reserves.

The report, upon written request, shall be sent to holders,insurers or guarantors of any first mortgage on a Lot and, if required,the report shall be in the form of a financial statement certified by acorporate officer.

j. The Board shall make available for inspection, duringreasonable business hours or circumstances, to Lot Own-ers and holders, insurers or guarantors of first mortgagescurrent copies of the Declaration of Covenants, Condi-tions and Restrictions, the Bylaws and other rules con-cerning the operation of the Association, and the books,records and financial statements of the Association.

Section 3. Election of Directors. Election to the Board of Direc-tors shall be by secret written ballot. At such election the membersmay cast, in respect to each vacancy, as many votes as they are enti-tled to exercise under the provisions of the Declaration. The personsreceiving the largest number of votes shall be elected. Cumulative voting is not permitted.

Section 4. Management Agent. The Board of Directors may em-ploy for the Association a management agent at a compensation estab-lished by the Board to perform such duties, services and powers as theBoard shall authorize, including, but not limited to, the duties, ser-vices and powers listed in Section 2 of this paragraph.

Section 5. Compensation. No compensation shall be paid to di-rectors for their services as directors. No remuneration shall be paid adirector for services performed by him for the Association in anyother capacity, unless a resolution authorized such remuneration shallhave been unanimously adopted by the Board of Directors before theservices are undertaken.

Section 6. Organization Meeting. The first meeting of the Board of Directors shall be held within ten days after the annual members’ meeting, at such place as shall be fixed by the Board and no noticeshall be necessary to the newly elected directors in order legally toconstitute such meeting, providing all of the Board of Directors shallbe present.

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68, 82, and 87) fences are permissible along common property boundaries immediately adjacent and parallel to those two streets; however, within ten (10) days after the installation of said fences, homeowners shall plant trees, or plant buffer type hedging that conforms to Ar-ticle VIII, Section 2. Fences along these two streets shall be approved, in writing by the Board of Directors, prior to construction, and all said fences shall be uni-form in design, height, color and construction, and the finished side of the fencing shall face the abutting street.

4. No walls, fences or hedges shall be higher than six feet.

Section 12. Lawns. All lawns shall be properly maintained. No gravel front yards shall exist. If the home is unoccupied or vacant for extended periods of time such as vacations, it shall be the Owner’s responsibility to insure proper maintenance in Owner’s absence.

Section 13. Water and Sewer Connection. Any house erected or constructed on the above described Lots must be connected to the existing water and sewer systems.

Section 14. Tree Removal. No trees shall be removed from Lots once all construction is complete unless the tree has died. In the event a tree is removed, it shall be replaced by the Owner of the Lot at his expense.

Section 15. Roofing and House Colors. All roofing, paint and stain colors used on the outside of homes are to be compatible with the neighborhood and current color trends. Only those colors approved by the Architectural Committee shall be permitted when rework is doneby Owners. Exhibit C will serve as a guide to homeowners and the Archtectural Committee as to changes of colors and designs.

Section 16. Driveways and Sidewalks. All driveways and walks are to be constructed of concrete unless otherwise approved in writing by the Board of Directors or Architectural Committee.

Section 17. Mining and Drilling. There shall be no mining, quarrying or drilling for oil or other minerals undertaken within any portion of the Subject Property.

Section 18. Effect on Insurance Rates. No Owner shall en-

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gage in any action which may reasonably be expected to result in an increase in the rate of any insurance policy or policies covering any portion of the Subject Property.

Section 19. Further Subdivision. The Lots shall not be fur-ther subdivided. The owner of more than one (1) contiguous lot may apply to the Architectural Committee for permission to use such lots as a site for a single dwelling and, upon the written consent of the Architectural Committee, said contiguous lots shall thereafter be treated as a single dwelling lot. Said lots shall continue to be treated as separate and distinct lots for purposes of voting and assessment. The owner shall not be required to comply with the side yard setbacks except as to the outside lot lines of the combined lots owned.

Section 20. Destruction of Residence. In the event a Resi-dence is damaged or destroyed by casualty, hazard, or other loss, then within a reasonable period of time after such incident, the Owner thereof shall either commence to rebuild or repair the damaged Resi-dence, or promptly clear the damaged improvements and grass over and landscape the Lot in a sightly manner.

Section 21. Damages. Owners of respective Lots shall be directly financially responsible to the abutting Lot Owners or Asso-ciation for damage to the utilities, sewer, water and drainage systems resulting from the actions by said Owners or independent contractors furnishing labor or materials to or for said Owners. In the event the abutting Owner or Association must repair or replace any utilities, including sewer, water, drainage system, electrical, telephone lines, sod, sidewalks, paving, shrubbery, trees, fences or other improve-ments as a result of the actions of any Owner or independent contrac-tor furnishing labor or materials to and for said Owner, then in that event, said Owner shall pay for the cost of said repair or replacement of said damaged property within ten (10) days from the date of de-mand by the abutting Owner who has been damaged, or the Associa-tion and the cost of said repair or replacement including labor and materials shall bear interest at the maximum legal rate allowed by law in the State of Florida from the date of the expenditure for said re-placement or repair. In the event the Association advances funds on behalf of said Owner for repair and replacement of said damaged property, said amount together with interest, court costs and attor-ney’s fees shall be included in the lien right of the Association under Article VI herein.

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budget shall be sufficient in amount to pay for all neces-sary expenses and expenditures to be shared in commonby the respective owners of units, and including a rea-sonable reserve for repairs, upkeep and replacement ofthe common area and for contingencies.

c. To prepare a detailed report of the acts, accounts, andstatements of income and expense for the previous year, and present same at the annual meeting of members.

d. To determine who shall act as legal counsel for the As-sociation whenever necessary.

e. To determine the depository for the funds of the Asso-ciation.

f. To acquire the necessary personnel needed for the main-tenance, care, and upkeep of the Common Parcels and Access Ways, and set the salaries or compensation ofsaid personnel.

g. Assess and collect all assessments pursuant to the Decla-ration.

h. Establishment of reserves or making assessments forbetterments to the development property.

i. Within sixty (60) days following the end of the fiscalyear or calendar year of the Association, the Board ofDirectors shall mail or furnish by personal delivery toeach owner of a Lot a complete financial report of actual receipts and expenditures for the previous twelve (12)months. The report shall show the amounts of receiptsby accounts and receipt classifications and shall showthe amounts of expenses by accounts and the expense classifications, including, if applicable, but not limited tothe following:

(1) Professional and management fees and expenses;(2) Expenses for utility services;(3) Expenses for lawn care and pond maintenance; (4) Insurance costs;(5) Administrative; and

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ARTICLE IV – ADMINISTRATION

Section 1.a. Number and Qualification. The affairs of the Associa-

tion shall be governed by a Board of Directors. Thenumber of directors which shall constitute the Boardshall be not less than three (3) nor more than nine (9).The number of directors may be increased or decreasedwithin the above limits by affirmative vote of a majorityof the membership. All directors shall be members of the Association. The Directors shall be elected at theannual meeting of the owners by a majority vote for aterm of 3 years. No director shall serve for more thantwo (2) consecutive three (3) year terms unless approvedby a majority of the membership. No more than one member of a household may serve on the board at anyone time.

b. Removal. Directors may be removed for cause by anaffirmative vote of a majority of the owners. The va-cancy so created shall be filled by the members of the association. No Director shall continue to serve on theBoard if, during his term of office, his membership inthe Association shall be terminated for any reason what-soever.

c. Vacancies. Except as to vacancies provided by removalof Directors by members, vacancies in the Board of Di-rectors occurring between annual meetings of members shall be appointed by the remaining Directors.

Section 2. Powers and Duties. The Board of Directors shall havethe powers and duties necessary for the administration of the affairs ofthe Association, and may do all such acts and things as are not by the Declaration, the Articles of Incorporation of the Association, or theseBylaws directed to be exercised and done by the members or officers.The powers and duties of the Board shall include, but not be limitedto, the following:

a. All powers and duties of the Association as set forth inthe Articles of Incorporation of the Association, except as limited as above provided.

b. To prepare and adopt an annual operating budget, which

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ARTICLE XI

GENERAL PROVISIONS

Section 1. Enforcement. The Association, and any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations and provisions now or hereafter imposed by the provisions of this Declaration. Fail-ure of the Association or any Owner to enforce any covenant or re-striction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If a person or party is found in the proceed-ings to be in violation of or attempting to violate the provisions of this Declaration, he shall bear all expenses of the litigation, including court costs and reasonable attorney’s fees (including those on appeal) incurred by the party enforcing them. Following the provisions and procedures of the Homeowners Association law (FS617) the Board may impose a fine for the violation of any of these Covenants, Condi-tions and Restrictions (Deed Restrictions). However, no fine shall be levied until notice and an opportunity to be heard has been afforded the member who is in violation. The Board will determine a date by which the homeowner must be in compliance or a fine up to $50 per incident will be imposed.

a. Each Owner and the Owner’s tenants, guests and invit-ees must comply with the governing documents of theAssociation and its rules.

b. The Association may suspend, for a reasonable period oftime, the rights of an Owner or an Owner’s tenants,guests, or invitees, or both, to use common areas andfacilities and may levy reasonable fines, not to exceed$100.00 per violation, against any Owner or any tenant,guest, or invitee. A fine may be levied on the basis ofeach day of a continuing violation, with a single noticeand opportunity for hearing, except that no such fineshall exceed $1,000.00 in the aggregate.

c. A fine shall not become a lien against the parcel, except as provided by Florida Law, now Statute 720.305.

d. In any action to recover a fine, the prevailing party isentitled to collect its reasonable attorney’s fees and costsfrom the nonprevailing party as determine by the Court.

e. A fine or suspension may not be imposed without noticeof at least 14 days to the person sought to be fined orsuspended and an opportunity for a hearing before a

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committee of at least three Owners appointed by the Board who are not officers, directors, or employees of the Association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the com-mittee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

f. Suspension of common-area-use rights shall not impairthe right of an Owner or tenant of a parcel to have ve-hicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

Section 2. Restrictions on Lease. Any and all lease agree-ments (herein the “Lease Agreement”) between an Owner and a lessee of such Owner’s Lot and/or Residence shall be subject in all respects to the terms and provisions of these Protective Covenants, and any failure by the lessee under such Lease Agreements to comply with such terms and conditions shall be a material default and breach of the Lease Agreement.

Section 3. Captions. Articles and paragraph captions in-serted throughout this document are intended only as a matter of con-venience and for reference only and in no way do such captions or headings define, limit, or in any way affect any of the terms and pro-visions of this Declaration.

Section 4. Interpretation. Unless the context otherwise re-quires, the use herein of the singular shall include the plural and vice versa; the use of one gender shall include all genders; and the use of the term “including” shall mean “including without limitation.”

Section 5. Severability. In the event that any one of the pro-visions of these Protective Covenants shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. Further, the invalidation of any of the Covenants or restrictions or terms and conditions of these Protective Covenants or a reduction in the term of the same by reason of judicial application of the legal rule against perpetuities shall in no way affect any other provision which shall remain in full force and effect for such period of time as may be permitted by law.

Section 6. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty

5

all votes, shall constitute a quorum for any action required by themembership, except as otherwise provided in the Articles of Incorpo-ration, the Declaration of Covenants, Conditions and Restrictions orthese Bylaws.

Section 8. Adjourned Meetings. If any meeting of members can-not be organized because a quorum has not attended, the memberswho are present, may adjourn the meeting to a time not later than ten(10) days from the time the original meeting was called, and hold themeeting adjourned, without additional notice, provided that a quorumcan be obtained for such meeting.

Section 9. Voting. Except as otherwise provided in the Declara-tion of Covenants, Conditions and Restrictions or Articles of Incorpo-ration, all motions, resolutions and actions of the Association shall bepassed by a majority of the votes cast in person or by absentee ballot.

Section 10. Absentee Ballots. A member may submit an ap-proved absentee ballot. Any absentee ballot must be filed with and/orreceived by the secretary before the appointed time of each meeting.

Section 11. Order of Business. The order of business at all an-nual or special meetings of the members shall be as follows:

a. Roll call.

b. Proof of notice of meeting or waiver of notice.

c. Reading of the minutes of preceding meeting.

d. Reports of officers.

e. Reports of committees.

f. Election of officers (if election is to be held).

g. Unfinished business.

h. New business.

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ARTICLE III – THE ASSOCIATION

Section 1. Members. The members of the Association shall bethose individuals or entities as so defined in the Declaration of Cove-nants, Conditions and Restrictions and the Articles of Incorporation,and shall be any legal entity capable of ownership of real propertyunder the Laws of Florida.

Section 2. Place of Meetings. Meetings of the membership shall be held at a suitable place convenient to the membership as may bedesignated by the Board of Directors.

Section 3. Annual Meetings. The annual meeting of the Associa-tion shall be held in the 4th quarter of each year on a date chosen bythe Directors. At the annual meeting the members may transact suchbusiness of the Association as may properly come before them. Thetime of all meetings shall be set by the directors, and the directors, bymajority vote, may change the date of the annual meeting.

Section 4. Special Meetings. Special meetings of the membersmay be called by the President and shall be called by the President orSecretary at the request in writing of the Board of Directors or at therequest in writing of members who are entitled to vote one-fourth(1/4) of all the votes of the membership. Such requests shall state thepurpose or purposes of the proposed meeting.

Section 5. Notice of Meetings. It shall be the duty of the Secre-tary to mail a notice of each annual or special meeting, stating thepurpose thereof as well as the time and place where it is to be held, toeach member of record, at his address as it appears on the member-ship books of the Association, and if no such address appears, at hislast known place of address, at least fifteen (15) days for an annual meeting and ten (10) days for a special meeting, prior to such meet-ing. The mailing of a notice in the manner provided in this Sectionshall be considered notice served. The notice shall specify the day,place and hour of the meeting, and if a special meeting, the purpose.

Section 6. Minutes. Minutes of all meetings shall be kept inbusinesslike manner and available for inspection by Lot Owners andBoard members at all reasonable times.

Section 7. Quorum. The presence in person or by absentee bal-lot at the meeting of members entitled to cast thirty percent (30%) of

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(30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless terminated by an eighty percent (80%) vote of the mem-bers present, in person or by absentee ballot, at a meeting called for such purpose. This Declaration may be amended either: (i) by an instrument signed solely by the duly authorized officers of the Asso-ciation, provided such amendment has been approved by a sixty per-cent (60%) majority vote cast in person or by absentee ballot at a regular or special members meeting; or (ii) by an instrument signed by member(s) entitled to cast at least sixty percent (60%) of the total number of votes of the Association able to be cast. Any amendment to be effective must be recorded.

Section 7. Acts Taken in Good Faith. Neither the Associa-tion, the Board, nor any member of the Board or its designated com-mittee shall have any liability to anyone by reason of any acts or ac-tion taken in good faith pursuant to this Declaration.

RESOLVED, further, that said amendment to the Declara-tion of Covenants, Conditions and Restrictions of the Association is hereby adopted, approved and the Board of Directors shall have same recorded in the Public Records of Pinellas County, Florida.

The Whitcomb Place Homeowners Association, Inc., BY:Steve Ballard, President

Attest: Judy Meeder, Secretary.

State of Florida County of Pinellas

The foregoing instrument was acknowledged before me this 30th day of August, 2016, by Steve Ballard, the President, and Judy Meeder, the Secretary, of THE WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC., on behalf of the corportation. .

Notary PublicLinda Matheu

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EXHIBIT A

DESCRIPTION

That portion of the northeast 1/4 of Section 14, Township 27 South, Range 15 East, Pinellas County, Florida, being further described as follows: Commence at the center of said Section 14; thence N 00º 18' 43" W, 110.39 feet along the north-south centerline of said Section 14 to a point on the north right of way easement line of Meres Boulevard (80.00' wide) as recorded in Offi-cial Record Book 5738, page 878 of the public records of said County, said point also being the point of begin-ning; thence continue N 00º 18' 43" W 1628.73 feet along the north-south centerline to the southwest corner of Inness Park Extension, as recorded in Plat Book 14, pages 61 and 62 of the public records of said County; thence along the south line of said Inness Park Extension, S 89º 43' 29" E, 824.84 feet; thence leaving said line S 00º 18' 54" W, 5.38 feet; thence S 89º 40' 39" E, 133.51 feet; thence S 00º 18' 54" W, 412.96 feet; thence S 89º 39' 06" E, 254.64 feet; thence S 00º 20' 54" W, 8.00 feet; thence S 89º 39' 06" E, 657.99 feet to the westerly right of way line of Whitcomb Boulevard (66.00' right of way) and a non-tangent curve concave northeasterly and having a radius of 472.06 feet; thence southeasterly along said right of way line and curve, 256.79 feet through a central angle of 31º 10' 03" (chord S 29º 52' 46" E, 253.63 feet) to a compound curve concave northeasterly and having a radius of 988.40 feet; thence southeasterly along said right of way line and curve, 105.95 feet through a central angle of 06º 08' 30” (chord S 48º 32' 02" E, 105.90 feet); thence leaving said curve and right of way line, non-tangent, S 38º 22' 34" W, 479.62 feet; thence S 89º 27' 29" E, 602.02 feet to the west line of Whitcomb Park. As recorded in Plat Book 15, page 81 of the public records of said County; thence along said west line, S 00º 20' 29" W, 651.08 feet to the north line of said right of way easement line of Meres Boulevard; thence along said line the following: N 89º 30' 29" W, 84.30 feet to a curve concave northeasterly and having a radius of 460.00 feet; thence northwesterly along said curve 328.79 feet through a central angle of 40º 57' 10” (chord N 69º 01' 54" W, 321.84 feet); thence N 48º 33' 19" W, 620.99 feet to a curve concave southwesterly and having a radius of 1190.00 feet; thence north-westerly along said curve, 622.01 feet through a central angle of 29º 56' 54" (chord N 63º 31’ 46” W, 614.95 feet) to a com-pound curve concave southeasterly and having a radius of 540.00 feet; thence southwesterly along said curve, 564.47 feet through a central angle of 59º 53' 32" (chord S 71º 33' 01” W, 539.12 feet); thence S 41º 36' 15" W, 607.64 feet to a curve concave northwesterly and having a radius of 310.00 feet; thence southwesterly along said curve, 67.74 feet through a central angle of 12º 31' 12" (chord S 47º 51' 51" W, 67.61 feet) to the point of beginning.

Containing a total of 49.43 acres, more or less.

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AMENDED BYLAWSOF

THE WHITCOMB PLACEHOMEOWNERS ASSOCIATION, INC.

A corporation not for profitunder the Laws of the State of Florida

ARTICLE I – IDENTITY

Section 1. These are the Bylaws of the WHITCOMB PLACE HOMEOWNERS ASSOCIATION, INC., called Association by theseBylaws, a corporation not for profit under the Laws of the State ofFlorida, the Articles of Incorporation of which were filed in the officeof the Secretary of State on October 13, 1989.

Section 2. The office of the Association shall be P.O. Box 2222,Tarpon Springs, Florida, 34688-2222.

Section 3. The Association shall operate upon the calendar year beginning on the 1st day of January and ending on the 31st day of De-cember of each year.

Section 4. The seal of the Association shall bear the name of theAssociation, the word “Florida,” and the words “Corporation not forprofit” and the year of incorporation, an impression of which is asfollows:

ARTICLE II – DEFINITIONS

Section 1. All words, phrases, names and terms used in these By-laws, the Declaration and the Articles of Incorporation of the Associa-tion shall have the same meaning and be used and defined the same asthey are in the Declaration of Covenants, Conditions and Restrictionsof WHITCOMB PLACE.

Section 2. Interpretation. Unless the context otherwise requires,the use herein of the singular shall include the plural and vice versa;the use of one gender shall include all genders and the use of the term “including” shall mean “including without limitation.”

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EXHIBIT B

ITEMS TO BE MAINTAINED BY THE ASSOCIATION

1. The Association shall be responsible for the mowing of the grasson the banks of the detention ponds located within the subdivi-sion. Specifically, the ponds and their associated fountains adja-cent to Lots 85 and 86, Lots 63 through 68, and Lots 8 through 14shall be maintained by the Association.

2. The Association shall maintain the brick entry walls located atthe four road entrances to the subdivision and shall also maintainthe subdivision identification signage located on said walls.

3. The Association shall maintain the landscaped areas at the subdi-vision entries and along the Meres Boulevard and WhitcombBoulevard rights-of-way. The areas to be maintained shall bethose areas delineated on the landscaping plans prepared by TheArchitects Studio and dated July 14, 1989. The Association mayelect to install additional or alternative plant materials, and itshall therefore not be a requirement that the Association maintainthe landscaped areas with the same plant materials specified inthe original landscape plans.

4. The Association shall maintain the irrigation facilities to all land-scaped areas maintained by the Association.

5. The Association shall maintain the electric lighting at the subdivi-sion entries.

Exhibit  C  :        House  Colors:  house,  trim,  soffit,  shutters,  door,  garage  doors  

When  considering  changing  the  colors  of  your  home  the  Architectural  committee  will  use  the  following  as  guidelines  for  deciding  whether  the  requested  changes  are  compatible  with  the  neighborhood  and  current  color  trends.  These  guidelines  were  put  in  place  to  assure  an  aesthetically  pleasing  and  cohesive  look  of  the  homes,  without  suppressing  creative design. These are udelines only, not absolute rules.  

• Appealing  colors  and  designs  for  the  main  structure  will  typically  include 2 or 3 colors,  those  being  a  main  color  and  1 or 2  neutral  colors.

• Trim  could  be  a  main  color  or  a  neutral.

• Doors  may  be  a  different  coordinating  or  contrasting  color.

• Garage  doors  can  be  wood,  neutral  tones  or  match  the  main  structure  color.

• Main  structure  colors  should  be  subdued  and  stand  out  only  in  a  subtle  manner,not  intense  or  bold.

• Shutters  and  Round  Pillars  are  considered  trim  and  should  be  neutral  or  matchthe  trim  color  of  the  house.

• Soffits  (under  roof  overhang)  should  be  only  neutral  tones.

Each  homeowner  request  for  a  color  change  should  include  color  samples  for  routing  among  the  Committee  Members.      The  applicant  homeowner  will  also  place  a  2  x  2  foot  painted  sample,  for  each  new  color  contemplated,  onto  the  house  for  review  on  site.    The  architectural  committee  will  consist  of  at  least  5  members,  80%  of  who  must  be  in  agreement  to  give  the  applicant  an  approval.  The  committee  will  strive  to  respond  to  an  applicant  within  7  days  after  the  color  samples  are  available  for  viewing  on  the  house.    If  a  committee  member  is  absent,  or  otherwise  unable  to  perform  their  part  of  this  process  during  the  7a day  period,  the  Committee  Chair  may  appoint  a  replacement  until  that  absent  member  returns.    

The  committee  will  determine  approval  based  on  current  color  trends  published  in  the  current  year  by  well known  paint  companies.  They  acknowledge  that  the  decision  is  subjective  they  will  take  steps  to  educate  themselves  on  these  issues.      

In  the  case  that  the  committee  shall  deny  a  homeowner’s  request,  the  homeowner  may  appeal  that  decision  to  the  Board,  which  will  make  a  final  decision,  taking  into  consideration  the  Architectural  Committee  recommendations  and  any  professional  opinions  or  persuasions  brought  in  by  the  homeowner.

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41 1

TABLE OF CONTENTS

AMENDED BY-LAWS

Article I Identity ...............................................................pg. 3Article II Definitions................................................................ 3Article III The Association........................................................ 4Article IV Administration ......................................................... 6Article V Assessment and Collection .................................... 11Article VI Annual Budget ....................................................... 11Article VII Amendment of By-Laws ........................................ 12

AMENDED DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS

Article I Definitions.............................................................. 13Article II Purpose................................................................... 15Article III Property Rights ...................................................... 15Article IV Membership and Voting Rights.............................. 18Article V Rights and Obligations of the Associations ............ 19Article VI Covenant for Maintenance Assessments ................ 20Article VII Architectural Control.............................................. 24Article VIII Landscaping and Irrigation Facility Requirements . 26Article IX Maintenance of Residence...................................... 30Article X Use Restrictions ..................................................... 30Article XI General Provisions ................................................. 35

EXHIBITS

Exhibit A Description............................................................. 38Exhibit B Items to be Maintained by the Association............. 39

Map ........................................................................ 40

AMENDED - 2005AMENDED - 2016

By-Laws&

Deed Restrictions