Violations of CC&Rs

October 15, 2013

Dear Homeowner;

We all have taken pride in our community and maintained great curb appeal with an incredible sense of community. However, we as a Board and neighbors have noticed several CC&R violations. Therefore, we would like to point out some of the violations we have noticed in the Tuscany community:

1. Trash and recyclable containers must not be in view from the road.
2. Lawns need to be re-sodded or patched.
3. Recreation vehicles are not permitted to be parked in driveways.
4. Driveways/sidewalks need pressure washing.
5. Basketball nets cannot be left in the front view or at the sidewalk (this is also an HOA insurance violation.)
6. A/C units cannot be in view from the road.
7. Yard waste pick up is on Thursdays; please do not place it at the curb on the weekend prior to the scheduled pick up.

Letters will be mailed within the next ten days if you are in violation of the current CC&Rs. We are also enclosing a copy of the current fine schedule which the Board has adopted. As neighbors, we do hope you understand and you will comply with the CC&Rs rules. Please visit our community website at www.tuscanyhoa.com for a copy of the CC&Rs, an ARB application or for a list of current Board members and contact information.

If you have any further questions, please do not hesitate to contact any Board member.

Thank you in advance for your understanding and cooperation in this matter.

Sincerely,

Your Tuscany HOA Board

Fine Schedule and Enforcement Policy

The Tuscany Homeowners Association (the HOA or Association) has established the following fine schedule and enforcement policy regarding any violation of the current CC&Rs. This policy is subject to amendment or modification at any time by majority vote of the HOA board.

1. Due Process: Prior to the imposition of any fine, the Homeowner shall be given notice and provided an opportunity to appear in person or in writing before the HOA Board of Directors or appropriate committee. The Homeowner in violation will be given 14 calendar days notice of any hearing and within 14 calendar days after the hearing, the Homeowner will be notified in writing of the outcome.

2. Enforcement Guidelines: Generally, absent any extraordinary circumstances, the Association will adhere to the following guidelines for violations of the CC&Rs.

"Deed Restricted"                                                        July, 2015

What does it mean to live in a deed restricted community .. a community like Tuscany? It means that when you purchased your home, you signed an acknowledgement that you knew about and would follow the covenants, codes, and restrictions that exist for that community. (CC&Rs) It has nothing to do with whether the community is overseen by a management company, whether it is gated, or whether there are common area amenities. You can find Tuscany's CC&Rs at the community website www.tuscanyhoa.com or you may contact a board member for a copy.

Tuscany neighborhood operations are overseen by a volunteer board and not a management company. This saves our homeowners hundreds of dollars per year in dues. It does not, however, mean that the board has any less responsibility to enforce the rules than would a contracted management company. Following State statutes and regulations for enforcing our CC&Rs, has over the years, sometimes been a difficult and thankless task for HOA boards. We know that the rules keep our community attractive and easily saleable but we have realized that having rules without penalties for breaking the most pertinent of those rules is pointless. Therefore, the HOA board has decided to follow most other single family deed restricted communities in establishing a fine schedule that is allowable within the HOA governance statues of the State of Florida. In accordance with State statutes, fines will only be imposed after the homeowner has received written notification of the violation, given a timeline for correction of the violation, and an independent review committee (made up of resident volunteers) has affirmed the fine assessment. The state statute allows fines of no more than $100/day for violation of ANY recorded Covenants, Codes, and Restrictions. The previous fine schedule and process for notification as outlined on the tuscanyhoa website was excessive and is considered null and void. The new fine schedule for Tuscany has been developed as follows and will take effect September 1, 2015.

1. Failure to pressure wash driveway and sidewalk or remove overhanging tree limbs:  $25/day
2. Failure to keep yard and landscaping maintained in compliance with CC&R guidelines: $25/day
3. Failure to keep trash containers where they are hidden from road view: $25/day
4. Failure to remove a non-operable or commercial vehicle from driveway: $50/day
5. Failure to remove a recreational vehicle after the allowed 24 hour/week period: $50/day
6. Failure to submit an Architectural Review Board request prior to house painting, fence construction and maintenance, pool/screened enclosure/solar heating system construction, room addition construction, tree removal , driveway replacement , major re-landscape: One time fine of $100.
7. Proceeding with construction in violation of CC&R guidelines of the aforementioned: $50 per day until the construction is put into compliance or removed.
8. Allowing the rental of a home to any individual not named on the deed to the home: $50/day.
9. Operating a home business in violation of the clarified CC&R amendment adopted in May, 2015: $50/day
10. Other violations not listed above but which are contained in current CC&Rs may also be subject to fines and a correction schedule.

While there are other restrictions contained in the CC&Rs such as those pertaining to pets, not blocking sidewalks with vehicles, loud parties, illegal activity conducted on the property, etc., there are city codes that supersede any community regulations and violations will not be subject to HOA fines.

Our current CC&Rs assign the HOA board of directors the flexibility to give exceptions to the rules or grant special consideration and they will do so on a time limited basis upon prior notification with a reasonable explanation. Fines are not retroactive to violations occurring prior to September 1, 2015. State statute allows levied fines not paid to be treated as delinquent HOA dues and will be collected at closing when a violating owner sells the home. A suit in small claims court may also be filed by the HOA if/when all fines or delinquencies total $1,000 or more.

 

10/2013, 07/2015