a) All sums lawfully assessed by the Association against its members;

b) Expenses of administration, maintenance, repair or replacement of the Common Areas;

c) Expenses declared to be Common Expenses by the provision of this Declaration or the By-laws;

d) Expenses agreed by the members to be Common Expenses of the Association;

e) Any ad valorem taxes and public assessments levied against the Common Area.

a) Adopt and amend by-laws and rules and regulations;

b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from Lot Owners;

c) Hire and discharge managing agents and other employees, agents, and independent contractors;

d) Institute, defend or intervene in litigation or administrative proceedings on matters affecting the Subdivision;

e) Make contracts and incur liabilities;

f) Regulate the use, maintenance, repair, replacement and modification of the Common Area;

g) Cause additional improvements to be made as a part of the Common Area;

h) Acquire, hold, encumber, and convey in its own name any right, title or interest to real or personal property, provided that Common Area may be conveyed or subjected to a security interest only pursuant to applicable law;

i) Grant easements, leases, licenses, and concessions through or over the Common Area;

j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Area and for services provided to Lot Owners;

k) Impose reasonable charges for late payment of assessments and to suspend privileges or services provided by the Association (except rights of access to lots) during any period that assessments or other amounts due and owing to the Association remain unpaid;

l) Impose reasonable fines or suspend privileges or services provided by the Association for reasonable periods for violations of this Declaration or the By-laws and Rules and Regulations of the Association;

m) Impose reasonable charges in connection with the preparation and recordation of documents, including, without limitation, amendments to this Declaration or statements of unpaid assessments;

n) Provide for the indemnification of and maintain liability insurance for its officers, directors, employees and agents;

o) Assign its rights to future income, including the right to receive common expense assessments;

p) Form committees to assist in the management and operation of the Association, including an Architectural Control Committee;

q) Exercise all other powers that may be exercised in this State by legal entities of the same type as the Association; and

r) Exercise any other powers necessary and proper for the governance and operation of the Association.

a) General assessments or charges for Common Expenses; and

b) Special assessments for capital improvements, or special assessments as established by the Board of Directors; and

c) Special assessments against specific Lot(s) or property, in the event an Owner fails to comply with the provisions of this Declaration, the Articles, By-laws or Rules and Regulations of the Association. The Association, through its Board of Directors, may perform such required task or remedy such matter, or assess a fine for such failure to comply and may levy the cost of the cost of such fine, performance or remedy against the Owner(s) and the Owner’s Lot or property as a special assessment.

1. ACREAGE ESTATES, HOMESITES AND PATIO HOME LOTS

a) Every residential dwelling constructed on a Lot subject to these restrictions shall contain at least 1400 square feet of fully enclosed floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, garages, carports and other buildings) any exceptions have to be approved by the POA Board of Directors.

b) Each dwelling shall be of single story construction.

c) The Association shall have the authority to establish rules and regulations pertaining to the style, design, height and size requirements of all other types of structures, including but not limited to fences, walls and copings.

a) No above-grade structure (except approved fences or walls) may be constructed or placed on any Lot except within:

1) Fifty (50) feet from the front line of each Acreage Estate lot and thirty (30) feet from the front line of any Lot. For an undersized Lot a variance may be requested.

2) Fifteen (15) feet from each Lot side line including corner Lots.

3) Twenty-five (25) feet or twenty-five (25) percent of the Lot, whichever is greater, from the rear line of each Lot. On lots adjoining the golf course the rear yard must be at least thirty (30) feet deep.

4) A corner Lot shall be deemed to have a front line on each street on which the lots abut, and such Lot need only have one rear yard as defined by paragraph c. above.

a) No dwelling shall be constructed on a Patio Home Lot unless in conjunction therewith there shall be constructed a Patio Wall as defined herein. The Patio Wall must be constructed three (3) feet inside and parallel to the Lot line of each Lot designated (PW) on the recorded plat of each Lot. The Patio Wall may be a part of the dwelling provided there are no windows therein. The Patio Wall must be at least six (6) feet in height and no greater than eight (8) feet in height and extend to no less than ten (10) feet from the front and rear property lines.

b) There is reserved upon each servient Lot, and granted for the benefit of each dominant lot, an easement in the three (3) foot wide strip of land lying between the Patio Wall and the property line for the adjacent Lot Owner, for his use to plant and maintain shrubbery and other landscaping, provided such use does not interfere with the structural integrity or maintenance of the Patio Wall. Such three (3) foot strip may also be used to connect a wall or enclosure on the adjacent Lot to the Patio Wall. There is reserved upon the servient Lot, and granted for the benefit of the dominant Lot, an easement within the seven (7) foot wide setback along the sideline opposite the Patio Wall (PW) line for use by the adjacent property Owner for necessary access to construct and for necessary access to maintain, repair or replace the Patio Wall on the adjacent Lot.

c) The enclosed area of the Patio Homes may not be constructed so as to cover or occupy in excess of forty (40%) percent of the entire area of the Patio Home Lot.

d) Setback restrictions affecting Patio Home Lots are as follows:

1) Patio Walls must be built three (3) feet inside and parallel to the side Lot line designated on the plat by (PW), except those lots where the recorded plat shows no adjacent Lot, but open space equal to or greater than ten (10) feet in width, then the Patio Wall may be built up to the property line. No construction may be made between the Patio Wall and the property line except enclosing walls extending from the adjacent Lot.

2) On the side property line opposite the Patio Wall, a seven (7) foot building setback is required. Enclosing walls or fences may extend across the width of such setback, but may not be constructed along the length of such setback, except on such lots where the recorded plat shows no Lot adjacent to such side line and shows open apace at least ten (10) feet in width for the length of such line.

3) The front setback for construction of the dwelling is twenty (20) feet inside of and parallel to the front property line. Space must be provided for parking two automobiles within the Lot, which space may be within such setback.

4) The rear setback for dwelling construction is at least ten (10) feet inside of and parallel to the rear property line.

e) The area included within the setbacks above is the buildable area. All enclosed dwelling areas of the Patio Homes must be contained within the buildable area. Patio Walls may be extended into the setbacks and walls or enclosures may be built up to the front and at rear property lines, subject, however, to the required approval of the plans therefor, which may be denied for aesthetic or other permitted reasons.

f) Open Areas - The open areas shown on any Patio Home Lot Plats are restricted for use as herein provided. The open areas so restricted shall be any area fully enclosed by survey lines shown on the plat and not designated as a lot by a numeral or as a road. Such areas shall be maintained as open areas and there shall be no construction thereon except that such areas may be used for placement, construction, repair and maintenance of utility lines, irrigation lines and drainage ditches, and for screening, either by landscaping or fencing. The Association hereby specifically reserves to itself, its successors or assigns a right and easement in such open areas for such permitted purposes.

a) The Association, any property Owner or any party to whose benefit this Declaration inures may proceed at law or in equity to prevent the occurrence, continuation or violation of any of these Restrictions, the Articles, By-laws, and Rules and Regulations of the Association, and the court in any such action may award the successful party reasonable expenses in prosecuting such action, including attorneys’ fees.

b) The Association shall have the right to remedy the violation and assess the costs of remedying same against the offending Owner as a special assessment as provided in Section 5 herein.

c) For any violation by an Owner, including, but not limited to, the non-payment of any general or special assessment, the Association shall have the right to suspend the offending Owner’s voting rights and the use by such Owner, his agents, lessees, employees, licensees and invitees of the Common Areas in the Subdivision for any period during which a violation continues. Fines may not be for more than sixty (60) days for violation of any of the Association’s published Rules and Regulations. Suspension of other privileges and its duration is at the discretion of the Board. It shall also be in effect as long as there is non-payment of fines and/or assessments.

d) The Association may establish a schedule of fines for the violation of this Declaration or the Articles, By-laws or Rules and Regulations of the Association.

e) The remedies hereby specified are cumulative, and this specification of them shall not be taken to preclude an aggrieved party’s resort to any other remedy at law, in equity or under any statute.

f) No delay or failure on the part of the Association or an aggrieved party to invoke an available remedy in respect of an violation of any of these Restrictions shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to him upon the recurrence or continuation of said violation or the occurrence of different violations.