PURPOSE:

This document contains excerpts of those Unit III Homeowners Association covenants pertinent to the maintenance of residential properties within the Unit Three community. Its purpose is to serve as a handy guide for the maintenance of Unit Three properties. The Bylaws of Spanish Wells Unit III Homeowners Association, Inc. supercede any discrepancy within this document.

It is the intent of the Unit III covenants to foster good neighbor relations between homeowners and the existing unit and golf community. They are not intended to cause a hardship or discourage home site improvements.

BUILDING/CONSTRUCTION:

a. No structure shall be commenced, erected, improved, or altered, nor shall any grading, excavation, tree removal or change of exterior appearance of any structure or of the common area be made without the prior
written approval of the Architectural Review Committee (ARC).

b. Building connections for all utilities, including, but not limited to, water, electricity, telephone and cable TV shall run underground from the proper connecting points to the structure in such a manner as to
be acceptable to the governing utility authority.

LANDSCAPING AND LOT IMPROVEMENTS/MAINTENANCE:

a. All lawns, landscaping and sprinkler systems and any property, structure, improvement and appurtenance shall be kept in good, safe, clean, neat and attractive condition.

(Note: Periodically, inspect your roof for possible cleaning to remove mold and/or other material which may have accumulated and inspect your driveway for possible repair, cleaning or resealing.)

b. Noweeds, underbrush, or other unsightly growth shall be permitted to grow or remain upon any part of the Property.

c. No refuse or unsightly objects shall be allowed to be placed or suffered to remain upon any part of the Property.

d. No vacant lot shall be used or maintained as a dumping ground for rubbish, trash, grass clippings, or other waste.

e. An underground sprinkling system is required for each lot and shall serve the grassed areas of the lot, including the area (easement) between the street pavement and the right-of-way line. This area shall be properly maintained by mowing and edging.

f. No wall, fence, hedge or other similar divider may be constructed or maintained on any lot. Privacy walls, screening walls or fences that are attached to the dwelling and do not extend beyond the setback will be
considered part of the structure and all set back limitations must be observed.

g. Privacy walls, screening walls and fences of vegetative material not attached to the dwelling are . considered landscape features, and are restricted to a height of eight feet above ground except on the back lot
line of houses on the south side of Alhambra Lane or the west side of Del Lago Way. ARC must approve any exceptions to these requirements in writing prior to erection or planting.

h. No fence, wall, hedge or shrub planting which obstructs sight lines and elevations between two and four feet above the roadways shall be placed or permitted to remain on any comer lot. A line connecting at two
points twenty-five feet from the intersection ofthe two streets will be used as a setback determination.

i. Saint Augustine (Floritan or equivalent) sod will be required on all front, rear and side yard grass areas.

J. Lot grading shall be performed in accordance with the Spanish Wells Master Drainage Plan of June 1992.

k. Each dwelling unit shall include two (2) queen palm trees of eight (8) feet minimum height to be placed along the front right-of way in accordance with directions from the ARC (except those that were grand-fathered prior to the establishment of Unit Three's covenants).

1. Lighting of the pool deck or other outdoor areas shall be designed so as to avoid trespass or intrusion on surrounding residences.

OUTDOOR EQUIPMENT:

a. Basketball backboards and other fixed games and play structures shall be located at the rear of the dwelling unit, or on the inside portion of comer lots within setback limitations.

b. Plans for installation of platforms, dog houses, playhouses, basketball backboards and similar structures shall be submitted in writing to the ARC for approval.

c. Outside antennas in excess of 36 inches in length, antenna poles in excess of 36 inches in length, antenna masts, dish antennas in excess of 39.37 inches (one meter) in diameter, electronic devices, antenna towers or citizen band (CB) or amateur band (Ham) radio antennas are not permitted without prior written approval of the ARC, and such antennas may not be placed closer to any street or roadway than the front wall of the dwelling and shall be concealed from view from the roadway by vegetation

d. Flagpoles for display of the American Flag are permitted; however, the design and location must be approved in writing by the ARC. Display of flags other than the American Flag must be in good taste and approved by the ARC. The ARC shall be entitled to limit the size and number of flags of every kind. An approved flagpole shall not be used as an antenna.

e. No outdoor clothes drying area shall be permitted in the property, except in enclosed areas not visible from any adjacent property.

f. Hurricane or storm shutters shall not be stored openly on the exterior of any building or structure.

g. Solar heat collector installations must meet county and state permit requirements. The solar collector plan indicating location on the dwelling or lot must be submitted to the ARC for approval prior to application for county permit or installation.

h. Underground wells are required to be set back at least five (5) feet from all property lines. Such wells must be located at least ten (10) feet to the rear of the foremost wall of the dwelling. All underground wells must be permitted by Lee County.

i. All garbage and trash containers, swimming pool equipment, and other outdoor equipment must be placed in walled, sight-screened, fenced areas landscaped so that they shall not be readily visible. Oil tanks and bottled gas tanks shall be buried in accordance with current Lee County requirements.

MAIL BOX:

a. Standard: Mail Box and post shall be purchased from and installed by the same vendor as recommended by the Unit III Homeowner's Association. The specifications are as follows:

      Company: Lykins Sign Tek

      Item: SW 500 Spanish Wells Mailbox

b. Description: Custom cast aluminum decorative mailbox with an internal Mail slot, cast ball cap and a 3" aluminum fluted post of one piece aluminum construction finished and painted black in a zinc chromate multicoated automotive urethane enamel. House numbers are included. The price includes delivery, installation and disposal of the old mailbox.

c. Attachments: No permanent attachments (such as flag, water gages, reflectors, etc.) are to be made to the mailbox. Any plantings around the mailbox are to be kept trimmed below the scroll so as not to obstruct the home address numbers.

Vehicles/RV's/Water Craft/Etc.:
a. No tents, trailers, recreational vehicles, large vans, shacks, tanks, storage rooms, or temporary accessory structures shall be parked, placed, erected or permitted to remain more than eight (8) hours on any lot within Unit III. Temporary removal or movement does not constitute an eight (8) hour exception.

b. No boat, boat trailer of any kind, camper, motor home or disabled vehicle, commercial vehicle or vehicle displaying a company logo or advertisement shall be permitted to be parked or stored unless kept inside a fully enclosed structure.

c. Provided, however, that a recreation vehicle, or a mobile home intended to be towed within two (2) days, may be parked in the driveway of an existing home if both the home/lot and vehicle are owned or leased by the same person. The total parking period permitted, including the overnight portion, pursuant to this subsection, shall not exceed forty-eight (48) hours, which shall include two (2) overnight periods. Temporary removal or movement does not entitle owner to another forty-eight (48) hour parking period.

d. Such vehicles or mobile homes, when parked in a driveway, may not extend more that five (5) feet into the street across the line defining the end of the driveway and the edge of the street. Larger recreation vehicles, motor homes and trucks may not be parked on any road or street in Unit III.

a. Nothing mayor shall be done which may be or may become an annoyance or nuisance to any Owner.

b. No obnoxious, unpleasant or offensive activity shall be carried on, public or private in nature.

a. Commonly accepted household pets such as dogs, cats andpet birds may be kept in reasonable numbers. Animals shall not be permitted to roam free.

b. Commercial activates involving pets are prohibited.

c. No animals or fowl, (except as provided in subsection (a.) above, shall be kept or permitted to be kept on any part of the property.

Signs:
No sign of any kind shall be displayed to public view on any lot or common area, except for the following:

The Lee County Development Code, Division 2. ON SITE SIGNS, TEMPORARY SIGNS, SECTION 30-151 AND PERMANENT SIGNS IN SECTION 30-152, shall be the criteria for all signs within Spanish Wells Unit Three, except as set forth below. Except as otherwise provided, final design, color and placement of all signs within Unit Three shall require the written approval of the ARC.

a. NUMBER: Only one "For Sale" signs or "For Rent" sign may be placed on the Property.

b. OPEN HOUSE: During supervised "Open House" events, one "Open House" sign may be placed for the duration of the event.

c. CONTENT: Any sign placed on a property may include only the name, address and telephone number of the owner; in the case of representation by a real estate broker, investment company, or business firm licensed to sell real estate in Florida, only the name and telephone number of a salesperson or broker.

d. SIZE: "For Sale" or "For Rent" sign must be uniform in size, i.e., 12 inches high by 18 inches wide.

e. DISPLAY: The sign must be supported by a 2 inch by 2-inch post. The top of the sign may not be more than 48 inches above the ground under the sign.

f. COLOR: The post must be painted in beige, Flex Bon Bonita Beige, base 65-1, formula 40-07.
Lettering shall be burgundy on a beige background. Signs placed by real estate entities may include a colored company logo, not to occupy more than twenty (20) percent of the total area of the sign.

g. PLACEMENT: Other requirements of this section notwithstanding, "For Sale" or "For Rent" signs may be placed only on the street side of the 'property being offered, i.e. on the side of the property abutting the road. Where there is no intersection of streets or roads (i.e. a straight street or road that abuts the property), no sign may be closer to the road than thirty-five (35) feet from the center of the center of the road. If the property is a comer lot, the sign may not be less than thirty-five (35) feet from the centerline of either intersecting street or road abutting the property.

h. COMMERCIAL RESTRICTION: Builder's or Model-identification signs must be approved in writing by the ARC in advance of their display on the Property. No other special service signs, flags, balloons or other promotional material will be permitted unless approved in writing by the ARC. 1. SPECIAL PROVISIONS: "Open House" periods on a daily basis may be conducted without prior written approval by the ARC. The "Open House" period shall not start before 9 A.M. and must be completed by 6 P.M. "Open House" signs shall not exceed four (4) square feet, no side being longer than 24 inches. The "Open House" sign must be removed at the conclusion of the showing and in any case not later than 6 P.M. on each day that the sign has been displayed.

Miscellaneous:

As a courtesy to your neighbors and the residences of Unit Three:

a. Please do not put trash and recyclables for pickup on Monday out on the street before 6 PM on Sunday evening nor vegetation for pickup on Thursday before 6 PM on Wednesday. If you will not be home on those days, please arrange with a neighbor to have those items put out for you at the appropriate time.

Failure to abide with Unit III Covenants:

Any question with regard to the interpretation of these covenants shall be decided by the Board whose decision shall be final.

The Directors may, pursuant to Section 720.305, Florida Statutes (2000), as amended from time to time, suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees or both, to use the common areas and facilities, and may levy reasonable fines against any member or any tenant, guest or invitee not to exceed the maximum permissible by law, for failure to comply with the provisions of the Board's policies and the Governing Documents (Declaration, Articles, By-laws, and Rules and Regulations), by Owners, occupants, licensees, tenants, and invitees. A fine may be imposed for each day of a continuing violation at the highest rate allowed by law per violation with a single notice and opportunity for hearing, provided that no fine shall in the aggregate exceed the maximum amount permissible by law.

The costs and reasonable attorney fees, including those resulting from any appellate proceedings, incurred by the Board in any action against the Owner to enforce any provision of this declaration shall be a personal obligation of such Owner which shall be paid by such Owner and any amount thereof which remains due and unpaid shall be a collectible and continuing lien upon such Owner's lot.

The Spanish Wells Unit III Homeowners Association Compliance Committee Chairman and/or President should be notified immediately about problems or concerns that arise from the implementation of these criteria.