BECKER & POLIAKOFF, P.A.
2401 West Bay Drive, Suite 414
Largo, Florida 33770-1941
Phone: (727) 559-0588 Fax: (727) 581-4063
Toll Free: 800-535-3318

Reply To:
Ellen Hirsch de Haan, J.D.
edehaan@becker-poliakoff.com

April 5, 2004

HUNTINGTON HOMEOWNERS'
ASSOCIATION, INC.
c/o Timothy J. Baker, Treasurer
350 2nd Street North, Unit 28
St. Petersburg, FL 33701

RE: Scope of Association Ability to Regulate Alterations and
Improvements on Lots

Dear Timothy:

In response to your inquiry regarding whether an owner must be
permitted to install a portable spa on his front yard, I have reviewed
the Association's Governing Documents, to determine the scope of the
Association's ability to regulate use of the property. My findings
and comments are as follows:

1. The Declaration of Covenants, Conditions, Restrictions
and Easements of the Huntington, Article II., Section 9.(a), provides
that the Association is responsible for exterior maintenance on each Lot
of:

.. . .lawns, trees, shrubs, landscaped areas including any partially or
fully enclosed yards of Lots, . . .

2. The Declaration, Article V., provides that the
Association may create an Architectural Control Committee ("ACC").
Article V., Section 3., provides that no exterior change can be made on
any Lot and no "exterior addition to or alteration there of be made"
without submission of plans and specifications to the ACC, and approval
of the modification. This would apply to portable spas, as well as to
modifications of a home.

3. The Declaration, Article V., Section 2., provides for
the ability of the ACC to adopt guidelines and standards for alterations
and improvements. Accordingly, the ACC could adopt rules prohibiting
placement of a spa, or any thing else in the front yard.

4. The Articles of Incorporation, Article III., Section 6.,
provides that the Board has the ability to make rules and regulations
which govern any property which is owned or maintained by the
Association. The By-Laws, Article V., Section 2., also provide that the
Board has the power to adopt and amend and enforce rules and regulations
"governing the use of all or any portion of the Common Area, the
Property and the Association's activities." (The "Property" is
defined in the Declaration, Article I., Section 22., as all property
which is subject to the Declaration. This would include the Lots.) That
would mean, the Board could make rules prohibiting placement of a
portable spa in the front yard.

At this point, if there are any ACC guidelines or Association
Rules which address placement of any improvement or equipment in the
front yard, then the guidelines or rules would be enforceable. However,
if there are no such regulations, then the only thing in the Documents
which might form the basis for prohibiting the spa from being in the
front yard would be if it is unreasonably interfering with the ability
of the Association to maintain the lawn and landscaping on that Lot.

If there are no rules, it is a good time to consider adopting
some. However, the new rules would not apply to a current situation.

When you have had the chance to review this letter, please
contact me at your convenience regarding the current ability of the
Association to require removal of the spa from the front yard.

Very truly yours,

/S/

Ellen Hirsch de Haan
For the Firm