B.W.E.H.A./DECLARATION, AMENDED AND RESTATED

O.R. 3080 Page 1214


(l) Perimeter Walls and Fences. No Owner shall remove, modify, replace, repair, paint or stain any perimeter wall or fence of the Properties or attach anything whatsoever to such wall or fence or permit the growth of any plant, tree or shrub which shall abut such wall or fence, WITHOUT ARCHITECTURAL COMMITTEE APPROVAL.

(m) Trees.    No Owner shall remove, damage, trim, prune or otherwise alter any tree on the Properties, the trunk of which tree is four (4) inches or more in diameter at a point twenty-four (24) inches above the ground level, except as follows:

  (1)   With the express written consent of the association and Pasco County government, as may be required.

  (2)   If the trimming, pruning, or other alteration of such tree is necessary because the tree or portion thereof creates imminent danger to person or property and there is not sufficient time to contact the Association for approval.

  (3)   Notwithstanding the foregoing limitation, an Owner may perform, without consent of the Association, normal and customary trimming and pruning of any such tree, the base or trunk of which is located on said Owners Lot, provided such trimming or pruning does not substantially alter the shape or configuration of any such tree or cause premature deterioration or shortening of the life span of any such tree.

  (4)   It is the express intention of this subsection (m) that trees existing on Properties at the time such Properties are made subject to this declaration, and those permitted to grow on the Properties after said time, be preserved and maintained as best as possible in their natural state and condition.    Accordingly, these provisions shall be construed in a manner most favorable to the preservation of that policy and intent.

  (n)  Pools.  No above ground swimming pools or wading pools shall be placed upon or maintained upon any Lot. The installation of an above-ground spa, hot-tub, or Jacuzzi shall be permitted with the approval of the Architectural Committee, and subject to restrictions and guidelines which may be established from time to time, by the Board of Directors.

  (0)  Docks, Piers, Etc.  No docks, piers or similar structures shall be constructed on the Properties without the prior written approval of the Association.

(p)  Architectural Committee, Appeal Decision Of.   Except as otherwise specifically prohibited, the Board of Directors shall act as the final decision making body for all matters of Architectural