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89 <br /> Section 12. ALTERATIONS. No person shall undertake, cause, or allow any alteration <br /> of construction in or upon any portion of the Common Areas except at the direction or with the <br /> express written consent of the Association. <br /> Section 13. SUBDIVIDING. No lot shall be subdivided, or its boundary lines changed, <br /> except with the prior written consent of the Declarant during the period of Declarant control of <br /> the Association and thereafter by the Board. However, the Declarant hereby expressly reserves <br /> unto itself, its successors and assigns, the right to re-plat any two (2) or more lots shown on the <br /> plat of the subdivision of the Property in order to create one or more modified lots; to further <br /> subdivide tracts shown on any such subdivision plat into two or more lots; to recombine one or <br /> more tracts or lots or a tract and lots to create a larger tract; to eliminate from this Declaration <br /> lots that are not otherwise buildable or are needed for access to any area of the Properties or are <br /> needed for use as private roads or access areas, and to take such steps as are reasonably <br /> necessary to make such re-platted lots or tracts suitable and fit as a building site or access area or <br /> roadway, said steps to include, but not to be limited to the relocation of easements, walkways, <br /> and rights-of-way to conform to the new boundaries of the said re-platted lots. In no event may a <br /> lot be subdivided or reconfigured without the approval of the appropriate local governmental <br /> authority. <br /> Section 14. SWIMMING POOLS. No above ground swimming pools shall be permitted <br /> within the subdivision. Swimming pools, spas, and hot tubs shall be located on a Lot in a place <br /> specified by the Architectural Committee. All fencing surrounding swimming pools, spas, and <br /> hot tubs shall be approved by the Architectural Committee. <br /> Section 15. OPEN SPACE MAINTENANCE. The Open Space owned by the <br /> Association is intended to remain in its natural state. Hence, removing, destroying or cutting <br /> trees and vegetation within the Open Space is strictly prohibited except for: (a) selective removal <br /> of trees or vegetation for the prevention or treatment of disease, (b) removal of dead or fallen <br /> trees posing a hazard, (c) removal of invasive, non-native or noxious plants that threaten <br /> indigenous plant species, (d) relocation of exposed root balls to their original position, and (e) <br /> minimal and selective clearing necessary to maintain best forestry practices in the management <br /> of wooded areas. Trees and limbs from trees may be removed from the Open Space only with the <br /> prior approval of the Architectural Committee to determine if a tree has fallen or constitutes a <br /> hazard. The method of removal shall be approved by the Architectural Committee, and may <br /> include on-site chipping or grinding,provided the methods and machinery used shall not result in <br /> erosion or compaction of soil. <br /> ARTICLE XI. <br /> GENERAL PROVISIONS <br /> Section 1. ENFORCEMENT. The Association, or any Owner, shall have the right to <br /> enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, <br /> reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. <br /> Failure by the Association or by an Owner to enforce any covenant or restriction herein <br /> 737112.ARC.25437.T26258 15 <br />