Instrument #2022025031 #46 Book:8196 Page:4817
by the Owner and/or Lessee by a preponderance ofevidence. Declarant shall specifically be exempt from the provisions of this subsection. No amendment or modification to this subsection shall be effective without the prior written consent ofDeclarant for so long as Declarant owns any property subject to this Declaration. (c) No time sharing plan(as defined in Chapter 721,Florida Statutes, as may be amended from time to time), or any similar plan of fragmented or interval ownership of Dwellings, vacation club or similar program (except for hotel lodging purposes by Declarant)shall be permitted. De facto timesharing of a Dwelling shall not be permitted. By way of example but not limitation, de facto timesharing shall include use of a Dwelling by multiple persons, such as siblings or business associates, who intend that they and their families would split occupancy ofthe Dwelling into different periods for use during the year. This subsection shall not prohibit ownership of a Dwelling by joint tenants or tenants-in-common nor shall it prohibit ownership by an owner who is not a natural person. Notwithstanding anything to the contrary, Declarant shall specifically be exempt from any timeshare or interval ownership development restrictions imposed by this Declaration and, in its sole discretion, may develop a timeshare regime or facility on any portion ofthe Property from time to time. No amendment or modification to this subsection shall be effective without the prior written consent ofDeclarantfor so long as Declarant owns any property subject to this Declaration. Section 9.20. Pools. Swimming pools may not be located in the front or side yard of any Lot, nor nearer than the Dwelling to any side Street lot line. Swimming pools, spas, hot tubs, decks, screens, screen enclosures, lanais, etc. (collectively, "Pool Improvements"), shall be designed to be compatible and "tie in" with the architecture and material ofthe subject Dwelling. Screen enclosures and lanais shall be a maximum of one (1) story in height (unless building architecture, as determined by the ARC, requires two(2)stories in height). Tree protection barricades shall remain throughout construction of all Pool Improvements. All swimming pools shall be constructed and built at existing grade unless otherwise expressly approved by the ARC. All Pool Improvements construction shall, at all times, be in accordance with all applicable laws. In no event shall any above-ground swimming pool be permitted within the Community. All swimming pool materials, equipment, and play toys stored on any Lot shall be screened from view from outside the Lot. Swimming pool security fencing and screen enclosures shall be installed subject to applicable hurricane standards within the Florida Building Code or other applicable jurisdictional codes. No Pool Improvements may be constructed, erected, or maintained upon any Residential Property without the prior written approval ofthe ARC.
Section 9.21. Dwellings.
(a) No Dwelling shall contain less than one thousand two hundred (1,200) square feet of air conditioned area under roof, exclusive of screened area, open porches, terraces, patios and the garage. (b) Each Dwelling shall have an attached fully enclosed garage capable of housing not less than two (2) standard sized automobiles, which shall not be enclosed for use as a living area.
(c)
Setbacks for Dwellings shall be as permitted by the Local Government.
(d) No Dwelling shall exceed two(2)stories in height.
(e) Except as permitted pursuant to Section 9.12 hereof or by the ARC, no projections of any type other than chimneys, skylights and vent stacks shall be placed or permitted to remain above any roofofany Dwelling.
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58771933;7
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