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110 <br /> tenant has been advised of any obligations he may have thereunder as a tenant. In no event shall <br /> any lease or rental agreement release or relieve an Owner from the obligation to pay regular <br /> Assessments to the Association,regardless of whether the obligation to pay Assessments has been <br /> assumed by the tenant in such lease or rental agreement. <br /> Section 2. Dwelling Unit Size <br /> . Each Dwelling Unit shall contain not less than 1,500 square feet of heated floor area.The 1,500 <br /> square foot minimum is exclusive of the areas in vaulted ceiling areas,unheated porches of any <br /> type,attached or detached garages,porte-cocheres and unheated storage areas,decks and patios. <br /> Notwithstanding the foregoing requirement,the Architectural Review Board shall have the right <br /> (but not the obligation),because of restrictive topography,lot shape,dimensions or unusual site <br /> related conditions or other reasons, to allow variances from such minimum square footage <br /> requirements of up to ten percent(10%)of such minimum square footage requirements by granting <br /> a specific written variance. <br /> No Dwelling Unit erected upon a Lot shall contain more than three(3)stories above ground level <br /> (said ground level being the first level of any Dwelling Unit as viewed from the Roadway fronting <br /> same). Nothing herein shall be construed to prohibit the finishing of any walkup third floor in a <br /> Dwelling Unit. Notwithstanding the foregoing, the Architectural Review Board shall have the <br /> right (but not the obligation), because of steep topography, unique Lot configuration or <br /> dimensions,unusual site related conditions or other similar reasons,to allow Dwelling Unit heights <br /> greater than three(3)stories as viewed from rear and side elevations. <br /> Section 3. HVAC Equipment <br /> . No air conditioning or heating equipment or apparatus shall be installed on the ground in front <br /> of,or attached to any front wall of,any Dwelling Unit on a Lot. Additionally,air conditioning <br /> and heating equipment and apparatus shall be screened from view from Roadways by structural or <br /> landscape improvements,as more particularly provided in the Guidelines,and installation of air <br /> conditioning and heating equipment and apparatus in windows shall be prohibited. <br /> Section 4. Exterior Lighting;Tennis and Other Sport Courts <br /> . Exterior lighting on Lots shall be subject to the applicable requirements and limitations in the <br /> Guidelines. Tennis courts and sport courts may not be constructed on any Lot without the approval <br /> of the Architectural Review Board. Night lighting of tennis courts and other recreational facilities <br /> on Lots is not permitted unless approved in writing by the Architectural Review Board. <br /> Section 5. Fences and Walls <br /> . In addition to the restrictions contained elsewhere in this Declaration and except as expressly <br /> provided below,no fence or wall(including densely planted hedges,rows or similar landscape <br /> barriers) (i) shall be erected, placed, maintained or altered on any Lot nearer to any Roadway <br /> fronting such Lot than the front building corner of the main Dwelling Unit constructed on such <br /> Lot(unless otherwise approved by the Architectural Review Board)and(ii)shall not exceed six <br /> (6) feet in height, except fences enclosing approved tennis courts may be up to ten(10) feet in <br /> 17 <br />