RULES AND REGULATIONS FOR VILLA TUSCANY HOA THESE RULES AND REGULATIONS are made on January 21, 2013 by VILLA TUSCANY HOME OWNERS ASSOCATION (VTHOA) The following are rules and regulations established to manage and maintain the Villa Tuscany community. The purpose of the Rules and Regulations is to preserve and protect the value of the assets of the community members. These Rules and Regulations are adopted in accordance with the Statutes of the State of Florida, The Articles of Incorporation, the Bylaws, and the Declaration of Covenants, Conditions, Restrictions, Easements ("the Declaration"). The rights of individuals in a home give way to the best interests of the total community. Unit owners and renters are subject to the rules and regulations, as well as the covenants and restrictions of the Association. Owners who lease their units give up their rights of possession to the lessee, except for those rights enumerated in Chapter 83, Florida Statutes. A homeowner leasing a unit does not release an owner from compliance with governing regulations. The members of the Board of Directors of the VTHOA are the governing agents of the community pursuant to the Declaration, Bylaws and Articles of Incorporation. These Rules and Regulations are intended to clarify, supplement and restate the Declaration, Bylaws and Articles of Incorporation ("Association Documents") and not as a modification of these documents and their provisions. In the event of a conflict between the Rules and Regulations and the Association Documents, the Association Documents will supersede the Rules and Regulations. All capitalized terms herein are as defined in the Declaration, Bylaws and Articles of Incorporation unless stated otherwise. 1 (1/21/2013)
1. USE AND OCCUPANCY 1.1 Use of the homes in the Villa Tuscany community for any purpose other than a single family residence by owner, family member, social guest or lessee is not permitted. 1.2 No commercial activity, trade or business shall be maintained upon any Dwelling Unit or Lot. 1.3 No owner shall permit anything to be done or kept in his/her Dwelling Unit or Lot which will increase the insurance rates for the Association or which would materially increase the insurance premium for any Dwelling unit or Lot. 1.4 No exterior radio or television, antenna, aerial or satellite dish or other similar structure or equipment shall be erected or maintained without the prior written consent of the Villa Tuscany HOA Board of Directors. 1.5 In order to protect the health, safety and welfare of the Members, the Common Areas and streets are not intended to be used as playgrounds or athletic fields except when such area is specifically designated for such purpose. 1.6 The Common Areas shall not be obstructed nor used for any purpose other than the purposes intended therefore. No carts, bicycles, carriages, chairs, tables or any other similar objects shall be stored thereon. No owner shall alter in any way any portion of the Common Areas, including, but not limited to landscaping, without obtaining the prior written consent of the Villa Tuscany Board of Directors. 1.7 The personal property of Owners must be stored in their respective Dwelling Units. No personal articles shall be placed on the exterior portions of any unit or lot and no linens, cloths, clothing, curtains, rugs, mops or laundry of any kind, or other articles, shall be hung from or on the Dwelling Unit, the Lot or any of the windows, doors, fences, balconies, patios or other portions of the Dwelling Unit or Lot without obtaining the prior written consent of the Villa Tuscany Board of Directors. 2. ALTERATIONS OF UNITS 2.1 No owner shall perform any alterations or improvements of his Dwelling Unit without first submitting plans to the Association Board of Directors for approval. This Rule shall not apply to non-substantial alterations and improvements within the existing Dwelling Unit. 2.2 In the event an Owner shall receive Association approval to alter, renovate or improve his Dwelling Unit; the Owner must comply with all applicable local ordinances and obtain all applicable permits. 2.3 Garages must remain at all times available for their intended purpose for vehicular storage. In no even may a garage be enclosed or converted into living or other space without the express prior written consent of the Association. 2 (1/21/2013)
3. DAMAGES 3.1 Owners are liable for any damages caused by them, their family members, guests, vendors, invitees or renters of their property to any Lot(s), Dwelling Unit(s) or Common Areas within this community, including but not limited to parked or moving vehicles, landscape, furniture or other property within the Common Areas or an individual's Lot, and/ or personal belongings within an individual's Dwelling Unit or Lot. 4. GARAGE 4.1 Garage doors shall be kept closed at all times except when in actual use and during reasonably limited periods when the garage is being cleaned or other activities are being conducted therefrom which reasonably require the doors to be left open. The provisions of this paragraph are intended to avoid any nuisance within the Development. A violation of this paragraph constitutes a nuisance within the meaning of these Rules and Regulations. 5. COMMERCIAL VEHICLES, TRUCKS AND VANS 5.1 Only automobiles, vans constructed as private passenger vehicles with side windows and permanent rear seats, and other vehicles manufactured and used as private passenger vehicles (specifically excluding commercial vehicles bearing signs or equipment) shall be permitted upon any portion of the Development for overnight parking, storage or repair unless fully enclosed and stored within a Dwelling Unit owners garage. The absence of commercial-type lettering or graphics on a vehicle shall not be dispositive as to whether it is a commercial vehicle. 6. MOVING VANS 6.1 Moving vans are not permissible in the Villa Tuscany driveway/fire Lane at any time. Moving and delivery trucks (that do not fit fully in a guest spot) must park on the street and are not allowed to block the Fire Lane/driveway, even for a short period of time. 7. VISITORS OF RESIDENTS 7.1 Owners and tenants are not encouraged to give entry keys, gate access devices or security codes to tradesmen, day servants, real estate brokers or other persons seeking casual or occasional entry. Any Owner or third party that allows such means of access to such persons will be responsible for all damages to any and all properties, including but not limited to Lots, Dwelling Units, and Common Areas, which may be incurred by said entry. 7.2 Owners shall be responsible for the acts and conduct of their guests, invitees, licensees, agents and lessees. Owners shall advise such persons of these Rules and Regulations, and shall require them to comply herewith. 3 (1/21/2013)
8. VEHICLE PARKING 8.1 Rules and Regulations governing parking within the community will be published from time to time by the VTHOA. Homeowners are reminded that vehicles are not permitted to park in the Fire Lanes, obstructing a driveway without consent of the owner, or obstructing access to a service or emergency vehicle. 8.2 No motor vehicle which is not licensed or which cannot operate on its own power shall remain on the Property for more than twenty-four (24) hours. 8.3 All persons park at their own risk. Further, all vehicles should be locked with windows closed and convertible tops secured and locked. 8.4 Subject to applicable laws and ordinances, any vehicle parked in violation of these or other restrictions contained herein or in any other Association Documents now or hereafter adopted shall be first provided with notice and if the violation is not corrected within 24 hours shall be towed by the Association at the sole expense of the owner of such vehicle (bearing all costs incurred, including towing, incidentals, and litigation), unless such vehicle is blocking access or parked in a Fire Lane in which case said vehicle shall be towed immediately in accordance with the restrictions outlined herein and in Section 8.5 of the Declaration. The Association shall not be liable to the owner of such vehicle for trespass, conversion or otherwise, nor guilty of any criminal act, by reason of such towing. 8.5 Unit owners should park their own vehicles INSIDE their garages whenever possible. 8.6 All vehicles parked in guest parking must clearly display the official Villa Tuscany parking placard hanging from the rear view mirror. 8.7 Guests of unit owners may park in one of the four designated guest parking spots. 8.8 If all the guest parking spots are taken, then a guest may TEMPORARILY park in the unit owner s driveway, but are not allowed to block the Fire Lane under any circumstances. Every unit owner is responsible for ensuring the compliance of their guest(s). 8.9 Overnight guest parking in a driveway is permissible as long as: it does not block the Fire Lane or any access for other units or common element access. UNDER NO CIRCUMSTANCES is blocking the Fire Lane permissible. 8.10 Cars that do not belong to a unit owner are not allowed to park on the premises unless they are VISITING a unit owner on site. Parking in a guest space and then departing the property is not allowed. This is particularly important given that we have had a number of violations where a visitor parks their car in a guest space and then departs to the airport for extended periods. 4 (1/21/2013)
8.11 Vehicles may be parked only within a Villa s garage or its driveway. The term vehicles shall mean and refer to any private, non-commercial automobile, van, and/or motorcycle owned by a Villa Owner. This restriction shall not prohibit the temporary (i.e. defined as 24 hours or less) parking of commercial vehicles making deliveries, or while used in connection with providing services to any Villa. Any vehicle parked in violation of these or other restrictions contained in the Declaration or in the Rules and Regulations may be towed by the Association at the sole expense of the Owner of such vehicle if such vehicle remains in violation for a period of 24 hours from the time of notice of violation is placed on the vehicle except if blocking access, in which case said vehicle may be towed immediately. 8.12 The parking and/or storage or placement of any trailers, campers, RV s, boats and/or boat trailers shall be prohibited on the common elements. Such vehicles must be parked within the confines of the Owner s garage and shall not be permitted to park in the Villa s driveway area and/or common element guest spots. Owners shall be liable for obtaining alternative parking for the above referenced vehicles and failure to comply with this parking provision shall subject such illegally parked vehicle to towing in accordance with the provision of the Declaration and Rules and Regulations of the Association. 8.12 Due to the limited number of guest parking spots, no Owner shall be allowed to use and/or convert any guest parking spot for permanent use. Owners shall be prohibited from using and/or parking their vehicle in a common element guest parking space for a period of more than two (2) consecutive hours unless such Owner has first obtained the written approval of the Association for use of the guest parking space. Guest spots shall be available on a first come first serve basis and the usage of such guest spots shall be limited to non Owners. Any Owner found to be using and/or parking his/her vehicle in a guest spot shall be notified of the violation. In the event such Owner fails to comply with the notice of violation, the Association shall have the right to tow said vehicle at the sole expense of the Owner in accordance with the provisions of the Declaration and Rules and Regulations of the Association. 9. REPAIRS 9.1 No repairs may be made to vehicles, boats, or other equipment or appliance utilizing Common Area. Only emergency tire repair or "jumper start" type repairs are allowed. 10. SIGNS 10.1 With the exception of small alarm company signs and real estate sale signs subject to specific constraints as outlined in the VTHOA Covenants Restrictions and Easements, no signs of any kind shall be permitted to be displayed on any portion of a Villa or the Common Area, including but not limited to Villa exteriors and window, fences, perimeter walls, except signs placed by the Declarant or Declarant s agent. 10.2 Installation of all real estate sale signs must be preceded by the unit owner submitting a written request to the board for installation of the sign and the unit owner employing the real estate company is responsible for any landscaping destroyed by the sign. This request must also be approved by the board in writing but that approval is conditional upon compliance with all constraints listed in the VTHOA Covenants Restrictions and Easements. 5 (1/21/2013)
11. DRYING 11.1 No clothesline or clothes-pole shall be erected and no outside clothes drying is permitted in any area which is visible from the outside of a Dwelling Unit. 12. STORM SHUTTERS 12.1 Only hurricane shutters which meet VTHOA board guidelines and applicable building and zoning regulations may be installed. Shutters provided by the developer for the window next to each unit s front door are approved, but the use of other shutters is only allowed with prior written VTHOA board approval. If approved and installed, hurricane shutters may be closed only during a Hurricane Watch, Warning or Alert as published by the National Weather Service. Shutters must be opened as soon as the hurricane has passed the area and/or is no longer a threat to the area. 12.2 Shutters must be installed by every unit owner for all Hurricane Warnings. Each owner must prepare his or her home for the potential hurricane by also removing all furniture, potted plants and other movable objects from his or her balcony. 12.3 Each owner is responsible for the hurricane preparedness of their unit even if they are absent or renting the unit. 13. PETS 13.1 No animals, livestock, or poultry of any kind shall be raised, bred, or kept on or within any Villa, except that dogs, cats and other household pets may be kept if they are not kept, bred or maintained for any commercial purpose and if they do not cause an unreasonable nuisance or annoyance to other Owners. In no event, however, may more than two animals (dogs and cats) be kept within any Villa. The Board may require any pet to be immediately and permanently removed from the property due to a violation of this paragraph. 13.2 No dog shall be permitted outside of its Owner's or tenant's Dwelling Unit unless attended by an adult and on a leash not more than six (6) feet long. Unit Owners and tenants shall assume responsibility for any damage to persons or property caused by their pets, including pets belonging to or in the care of their guests, invitees, or pet handlers. The provisions of the prior sentence include the responsibility for any and all damages to any person attempting to catch a pet that is not properly leashed and running loose upon the community property and/or the cost or expense necessary to have the animal caught and contained. 13.3 Owners are responsible for picking up all pet waste on the property, and failure to do so will be defined as a nuisance. 13.4 Dogs barking excessively will not be tolerated. Your pet must not cause a disturbance or create a nuisance. 13.5 Pets other than dogs, cats and fish require special board approval. 6 (1/21/2013)
14. TRASH 14.1 No garbage, trash or refuse shall be deposited, dumped, or kept on any portion of the Villa except in closed containers, or other sanitary garbage collection facilities. All containers and garbage facilities shall be screened from view and kept in a clean and sanitary condition. No noxious or offensive odors shall be permitted. No refuse shall be allowed to accumulate on the grounds of a Villa. Each Owner is responsible for the maintenance and care of his or her Villa s trash receptacle and shall bear all costs of rubbish removal. All receptacles must be stored within the closed perimeter of the Villa. 14.2 All trash receptacles shall be kept within Villa Owner's garage except on designated trash collection days. On such days, trash receptacles shall be placed in designated areas no earlier than 6:00 PM the night before pick-up and shall be removed no later than midnight on the day of pickup. 14.3 Bulk trash may only be put curbside in compliance with the City of Fort Lauderdale rules and regulations pertaining to this item. If the city does not pick up the bulk trash, the unit owner must remove the bulk trash in compliance with the City of Fort Lauderdale rules and regulations. 14.4 No unit owner or resident may leave litter, garbage or any item on the common elements of the property and/or any limited common elements of the association. More specifically, no person, homeowner, renter or guest is permitted to litter on the Common Areas of Villa Tuscany. The cost for removal of any litter will be billed by the HOA to the Owner responsible for the litter. Litter includes, but is not limited to: cigarette butts, bottles, cans, paper, food waste, yard waste and pet droppings. Owners are encouraged to keep the front of their individual Dwelling Unit clean of any litter and debris. 15. GAS TANKS 15.1 No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any Dwelling Unit or on or about any ancillary building, except for gas cylinder connected to a barbecue grill. All gas tanks must be in compliance with the City of Fort Lauderdale rules and regulations pertaining to this item. 16. SWIMMING POOL USAGE RULES 16.1 The pool is for the use of Villa Tuscany residents and guests accompanied by a Dwelling Unit resident. 16.2 The pool is opened for general use from dawn to dusk. 16.3 Children under the age of 12 may use the pool only if accompanied by a responsible adult, who is an approved resident, guest or invitee of Villa Tuscany. 16.4 Debris must be removed or properly disposed of when pool users leave the pool area, and pool furniture must be returned to its rightful place as found before use. 16.5 Running is not encouraged on the pool deck. 16.6 Use of radios, recorders or musical instruments is only permitted at low volumes not disturbing to other residents. 7 (1/21/2013)
16.7 No animals are permitted in the pool. 16.8 Pool use at own risk. There is no lifeguard on duty. 16.9 No food, drink or glass in pool or on pool deck. 17. ENFORCEMENT 17.1 COMPLIANCE BY OWNERS: Every owner and his/her guests, vendors or invitees shall comply with the Rules and Regulations set forth herein and any and all restrictions and covenants and/or Rules and Regulations which from time to time may be adopted by the Board of Directors of the Association. 17.2 ENFORCEMENT: Failure of an Owner or his/her guests, vendors or invitees to comply with such restrictions, covenants and/or rules and regulations shall be grounds for immediate action which may include, without limitation, an action to recover sums due to damages as set forth in the Association Documents or allowed by applicable law. 17.3 FINES: In addition to all other remedies; as is consistent with the provisions of the Declarations and Bylaws; and to the maximum extent lawful, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner or his/her guests, vendors or invitees to comply with any covenant, restriction, rule or regulation, provided the following procedures are adhered to: 17.3.1 NOTICE: The Association shall notify the Owner of the alleged infraction or infractions. Included in the notice shall be the date and time of a hearing meeting at which time the Owner shall present reasons why a fine(s) should not be imposed to a fining committee, consisting of all members of the association who are not board members, or are not related to any members of the board and/or reside with any members of the board. At least fourteen (14) days' notice of such meeting shall be given. 17.3.2 HEARING: The hearing shall be conducted in accordance with the requirements of Fla. Stat. Chapter 720 and the fining committee shall have the sole and absolute discretion as to whether such fine shall be enforced against the unit owner. 17.3.3 AMOUNTS: In the event a fine is imposed, such fine will be $100.00 for the occurrence and shall be fined for each day that the owner remains in violation of the provision of the Declaration; however, no fine shall exceed 10 days or $1,000.00. A fine may only be imposed and deemed collectible after all requirements of Fla. Stat. Chapter 720 have been complied with. 17.4 If unit owners see violations, please call the management company to report the violation. All violation reporting is the responsibility of all unit owners. If violations occur after hours, please call the after-hours line of the management company. 8 (1/21/2013)