TUSCANY SQUARE RULES and RESTRICTIONS
Last Revision: 1/28/2021
This is a summary of the Rules and Restrictions that currently exist in the following Documents:
· Venetian Bay HOA Covenants and Restrictions
· The By-Laws of the Association section IV Restrictions on Use and Occupancy
· By-Laws of the Association Article XVII Rules and Regulations
The Unit Owners shall, always, obey said rules and regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, servants, lessees, and persons over whom they exercise control and supervision. Said initial rules and regulations are as follows:
A residential unit owner may use his unit as a single-family residence only. There are no restrictions regarding children. For the safety of all residents and guests, children should not play, ride bicycles, skateboards, or other motorized vehicles in the community driveway. Surveillance cameras have been installed around the premises to enhance the safety and wellbeing of all residents. The cameras shall attempt to identify unauthorized entry into Tuscany Square, illegally parked vehicles, individuals responsible for property damage, and dog owners who violate the by-laws of the Association.
Other restrictions include, but are not limited to, the following:
1. PETS: (Amended 1/28/2021) The only permitted pets shall be dogs [not to exceed 20 pounds each), cats, birds, and fish. No more than 2 four-legged animals shall be permitted to reside in a unit. The owners of the pet must pick up all solid wastes of their pet and dispose of such wastes appropriately. Note also that dogs are not permitted to urinate in the landscaped areas either on the rocks or in the shrubs. The urine smell remains until it rains, and the urine has a negative effect on the health of the shrubs and trees that are planted in these areas. All dogs and cats must be kept on a leash no more than six (6) feet in length at all times when outside the Unit and shall be walked only within areas, if any, designated for such purpose by the Association or the Master Association. All owners of pets are required to clean up all pet droppings deposited on the Common Elements and must supply his/her own waste removal bags. The pet may not be left unattended when outside the Unit and may not be tied or tethered to any objects outside. The owner, tenant, or guest must maintain complete control over the leashed pet at all times when outside the Unit. The pet may not roam or wander. In the elevators, the pet must be under the handler’s control at all times. Pets are not permitted to relieve themselves on the sidewalks, parking lot or other hard surfaces in the community. Should this occur, Owner, tenant or guest must immediately and thoroughly clean the affected area.
If the above rules are not followed, the Board will levy cleanup charges on the pet owner, and, if noncompliance persists, will require removal of the pet from Tuscany Square. (Section 18.6 Declaration of Condominium-Tuscany Square and Section 2.13 Declaration of Covenants and Restrictions for Venetian Bay Subdivision provide the Board with full authorization to execute these actions).
· First offense: $50.00 cleanup charge and a warning letter outlining the violation.
· Second offense: $100.00 cleanup charge
· Third offense: 100.00 cleanup charge and removal of pet from Tuscany Square.
The Association reserves the right pursuant to Florida Law addressing nuisances and/or safety and health concerns, to require removal of the pet at any time should the pet become a nuisance to, or a threat to the health and safety of, others which includes, but is not limited to: excessive barking; biting, aggressive behavior (including nipping and lunging); attacking persons or other animals; Owner’s, tenant’s or guest’s failure to immediately and properly dispose of excrement or waste; failure to comply with all stat and local ordinances and statutes related to the animal (including any required licenses or tags)l not maintaining the animal on a maximum six foot leash at all times when outside of the Unit; insect/extermination problems; sanitation/odor problems; and/or Owner’s tenant’s or guest’s inability to control the animal.
2. MOVE-IN/MOVE-OUT: All residential and commercial move-ins and move-outs must notify Leland Management of the day and time of the move. Call 386-310-2874. The management company will approve and advise the moving company of a specific location for their vehicles within the driveway circle. Every attempt will be made to provide a convenient location. However, if a suitable space cannot be found on the circle, the moving vehicle must wait outside on Luna Bella Lane until space becomes available. The driveway circle is a NO PARKING/FIRE ZONE area, and fire vehicle access is always required. There is ABSOLUTELY NO EXCEPTION to this requirement.
Residential units: All residential sales or leases must be preceded by an “Application for Purchase/Lease.”
Leland Management
Mark Michalek - CAM
275 S US HWY 17-92, Suite 101
Debary, FL, 32713
Phone: (386) 310-2874.
Each new owner shall notify the Association promptly by delivering a copy of their deed to the unit, to the Association and the management firm.
No unit shall be sold or leased unless the owner first receives a certificate from the Association that all assessments have been paid in full.
A $300 refundable deposit must accompany a move-in/move-out notification. This amount will be used to pay for any damage that may occur to the common areas, including the elevator, stairwells, hallways, etc. Our maintenance staff (386-478-6050) will pad the elevator cab to protect it from damage. After the move is completed, a member of the maintenance staff and/or condo board will review the condition of the common areas and provide a list of the damages, if any, to the owner of the unit. Any refund due will be processed as soon as any damaged common areas have been repaired. If the damage exceeds the deposit, the moving/delivery company/personnel shall be billed.
If either a new residential owner or a new renter moves in and the management company is NOT notified of the moving day, a $100 Inspection Fee will be added to the unit’s first monthly maintenance fee.
If an owner or a renter moves out and fails to notify the management company, a $100 Inspection Fee will be added to the unit’s last monthly maintenance fee.
NO large, bulky items such as furniture, appliances, etc. can be transported in the elevator unless protective padding has been installed. Call 386-478-8876 to have pads installed. Using the elevator without this padding will result in a $100 Inspection Fee that will be added to the unit’s next monthly maintenance fee, plus the cost of any damage that results.
Moving is NOT permitted before 8:00 am or after 7 pm. A violation will result in a $100 Inspection Fee that will be added to the unit’s monthly maintenance fee and any detected damage will be charged to the unit owner.
3. PARKING: No parking in the Right of Way. There are two signs clearly posted at the gated entrance that state this. The Right of Way is defined as the U-shaped driveway on the interior of the complex. No motor vehicle shall be parked in the Right of Way in a manner that obstructs the safe, free flow of vehicular traffic or obstructs the movement of other vehicles into and out of the condo complex. Also, this Right of Way must remain clear to allow any emergency vehicles access to all areas should the need arise. Stopping alongside of the Right of Way is only permitted for quick (five minutes or less) drop-offs or pick-ups, in which case emergency flashers should be used.
Please inform service technicians and workers that they may park inside the gated area only in designated service/delivery parking spaces or on your assigned apron while they work.
White curbs - Resident parking is not allowed in any area designated as Parking for Delivery and Service Vehicles Only.
Yellow curbs – No vehicles are permitted to park in areas designated with a yellow curb.
Fire Hydrants – Any vehicle parked in front of a fire hydrant is subject to towing without notice.
12 Open space parking spots – The 12 uncovered parking spaces shall remain as general common elements under the control of the Association for such uses as the Association shall determine from time to time, including, but not limited to the fulfillment of a disability accommodation required under the Fair Housing Act Disability access provision of the Fair Housing Act. These are not to be used for long-term parking (over 48 hrs.). Every residential unit has at least one enclosed garage space. If you have a vehicle that is not used regularly, keep it in the garage.
These parking rules apply to all vehicles, whether those of the resident, resident's contractors, or any guest. The resident is responsible for violations by their contractors and guests. This includes any vehicle owned or used by residents’ friends or family members and parked on the property for any length of time.
All residents shall register ALL their motor vehicles with the Association Office and be issued a vehicle identification decal (this includes all vehicles parked on aprons in front of garages). These decals must be displayed in a clearly visible location, i.e., driver’s side of windshield. Since the parking situation at Tuscany Square is extremely limited, the decals are for the purpose of controlling parking. Residents must provide pertinent vehicle identification data in order that all registered vehicles may be properly identified. To request additional parking stickers for your vehicles that do not yet have them, please visit http://tuscanysquarecondominium.org and complete the parking sticker Request form. Visitors may park in a unit’s assigned garage, parking apron, or overflow parking lot only.
4. VEHICLE RESTRICTIONS: No mobile home, recreational vehicles, motor homes, trailers, trucks having a loading capacity of more than one-ton, all-terrain vehicles, commercial vehicles, boats, or other watercraft shall be permitted to be parked or located on the Condominium Property at any time. Owners shall be responsible for maintaining their automobiles {which, for purposes hereunder, shall be deemed to include trucks (except as otherwise prohibited herein) and motorcycles} in at least an ordinary and working condition. No vehicle may occupy more than one parking space at a given time.
5. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS: No garbage cans, supplies, recycling containers, potted plants or other articles shall be placed on the common elements and limited common elements of the Condominium except as authorized by the Association, nor shall any linens, cloths, clothing, curtains, rugs, mops or laundry of any kind, or other articles, be shaken or hung from any of the windows, doors, balconies or entry ways, or exposed on any part of the limited common elements or common elements. No sign or banner may be displayed from a balcony or residential window. The limited common elements and common elements shall be kept free and clear of rubbish, debris, and other unsightly material. No clothesline or similar device shall be allowed on any portion of the Condominium property nor shall clothes be hung anywhere within the Condominium property except within a unit. Wreaths, doormats, and holiday decorations are permitted. Holiday decorations must be removed within 14 days.
6. DAMAGE TO THE COMMON ELEMENTS caused by the negligence, misuse, or neglect of a unit owner or tenant (adopted August 2018): Declarations, Section 7: Maintenance and Repairs, 7.1.(a) Common Elements… states, “However, the Association shall not perform such maintenance… to the extent maintenance arises from or is necessitated by the negligence, misuse or neglect of a specific Unit Owner in which case such cost and expense shall be paid solely by the unit owner or tenant.”
The damages shall include, but are not limited to, labor (hourly rate for maintenance employee for time involved), materials, mileage, and video research flat fee of $15.00.
7. GARAGES: The parking Garages and uncovered spaces shall be used in accordance with the provisions of the Declaration and any regulations duly promulgated by the Association. No vehicle which cannot operate on its own power shall remain on the Condominium Property for more than 24 hours, and no repair of vehicles shall be made on the Condominium Property. The types of vehicles permitted on the Condominium Property shall be as stated in the Declaration.
8. GARAGE DOORS: Garage doors are always to remain closed unless the resident is present inside the garage or it is being used for ingress or egress of a vehicle. Garage doors should not be left opened unoccupied.
9. NOISE: No unit owner shall make or permit any disturbing noises by himself, his family, pets, servants, employees, agents, visitors, and licensees (including, but not limited to, vocal and instrumental instruction or operation of televisions, stereos, radios, or the like), nor do or permit anything by such persons that will interfere with the rights, comforts, or convenience of the unit owners.
10. ABSENCE: Each unit owner who plans to be absent from such unit owner’s unit during a hurricane season shall remove all items not permanently affixed to any limited common element balcony or patio appurtenant to such owner’s unit prior to departure.
11. FALLING OBJECTS: Where applicable, no Unit Owner shall allow anything whatsoever to fall from the windows, balconies, entryways, or doors, nor shall such Unit Owner sweep or throw any dirt or other substance from such Owner's Unit or the Limited Common Elements appurtenant to such Owner's Unit onto the Common Elements or any portion of the Condominium Property.
12. TRASH: Refuse and bagged garbage shall be deposited only in the area provided.
13. PATIOS OR PORCHES: Except as may be otherwise provided in the Declaration, no awning, canopy, shutter, or other projection shall be attached to or placed upon the outside walls or doors or roof of a Unit or building without the written consent of the Board of Directors. Patios or porches may not be enclosed, which includes the screening of same, nor may anything be affixed to the walls within such patios or porches or entryways, it being the Developer's intention to maintain the uniform appearance of the exterior of the Building.
14. BALCONIES: No Limited Common Element balcony, shall be permitted to be enclosed, either by screening or other permanent structures or materials, it being the intention of the Developer to maintain the uniform appearance of the exterior of the Building; provided, however, that hurricane shutters may be installed over the windows and glass surfaces in accordance with Section 718.113, Florida Statutes, and also approved roll down screens pursuant to rules promulgated therefor by the Association.
15. DISPLAYING THE AMERICAN FLAG (adopted August 2018): In accordance with the Condominium Act and The American Flag Act, any resident may display the American Flag on limited common area appurtenant to their unit.
16. OUTSIDE FURNITURE: A resident shall not place or use any item thereon or upon any portion of the Common Elements without the approval and as designated by the Board of Directors.
17. FLUIDS: No inflammable, combustible or explosive fluid, chemical or substance shall be kept in any Unit or Limited Common Element appurtenant thereto or storage areas, except such as are required for normal household use.
18. BARBECUE GRILLS: Barbecue grills shall not be permitted on the Limited Common Elements appurtenant to a Unit. The Association may, but without obligation, designate one or more sites on the Common Elements for use of barbeque grills by an Owner, provided, however, such Owner shall be solely responsible for any damage to person or property resulting from such usage.
19. MODIFICATIONS: All modifications to the exterior of the Unit must be approved in writing by the Board, or a committee designated by the Board and headed by an officer of the Association, prior to commencement of such work to maintain the character and to preserve the aesthetic and architectural qualities of the Condominium. The Association shall promulgate rules and regulations in accordance with the foregoing. In addition, certain modifications to the interior of the unit require prior review by the ARC to assure that no structural issues will result. Therefore, a property modification form must be submitted prior to commencement of any interior modifications.
20. FLOOR COVERING: No hard-surfaced floor covering shall be installed within a Residential Unit unless such covering is first approved in writing by the Board of Directors and includes sound-absorbing backing materials as required by Florida Building Code, Chapter 12, Section 1207 (1207.1, 1207.2, 1207.3)
21. COMPLIANCE: In the event a Unit Owner fails to maintain a Unit or fails to cause such Unit to be maintained, or fails to observe and perform all of the provisions of the Declaration, the By-Laws, the Articles of Incorporation, applicable rules and regulations, or any other agreement, document or instrument affecting the Condominium Property or administered by the Association, in the manner required, the Association shall have the right to proceed in a court of equity to require performance and/or compliance, to impose any applicable fines or to sue in a court of law for damages. For purposes of this Declaration, the failure of an Occupant who is not a Unit Owner to comply with the terms and provisions of this Declaration shall not relieve the Unit Owner from liability and responsibility.
22. RULES: The Board of Directors may, from time to time, adopt or amend rules and regulations governing the details of the operation, use, maintenance, management and control of the Units, Common Elements or Limited common Elements or other property of the Condominium or services made available to the Unit Owners. A copy of any additional rules and regulations adopted from time to time, as herein provided, shall from time to time be posted in a conspicuous place and/or copies of same shall be furnished to each Unit Owner.
23. CONFLICT: In the event of any conflict between the rules and regulations adopted or from time to time amended and the Condominium documents or the Florida Condominium Act, the latter shall prevail. If any unreconciled conflict should exist or hereafter arise with respect to the interpretation of these By-Laws and the Declaration, the provisions of said Declaration shall prevail.
All issues or disputes which are recognized by the Florida Condominium Act or by administrative rules promulgated under the Florida Condominium Act as being appropriate or required for mediation or arbitration shall be resolved through such alternative resolution procedures instead of civil litigation.
24. Access to Units and Keys: The Association has the irrevocable right of access to each Unit and appurtenant Limited Common Elements (including garages) during reasonable hours as may be necessary for the maintenance, repair or replacement of any Common Elements or of any portion of a Unit to be maintained by the Association pursuant to the Declaration of Condominium or the Condominium Act, or as necessary to prevent damage to the Common Elements or to any Unit or Units (including extermination services), or for the required fire inspection of the units. In furtherance of this provision, all owners are required to deposit a key to the Unit and garages with the Association. The locks of each Unit and garage are not to be changed or altered without providing the Association with a duplicate key. Keys will be kept in a locked box in the maintenance office. The Association Manager, the Board President, and the Maintenance Supervisor will be the only persons with access to the locked box. Non-residential unit keys will be kept in a separate locked box under the care of the Tuscany Town Center Association (the "TTCA"). The TTCA Manager or Board President will be the only persons with access to the TTCA locked box.
25. AGENTS OR EMPLOYEES OF THE ASSOCIATION: Agents or employees of the Association shall not be sent off the Condominium Property by any Unit Owner at any time for any purpose. No Unit Owner or resident shall direct, supervise, or in any manner attempt to assert any control over the agents or employees of the Association. The direct supervision of Association employees is relegated to the Association President and Vice President.
Voted by BOD 01/28/2021