RULES AND REGULATIONS
FOR
TOSCANA MASTER ASSOCIATION, INC.

1. USE OF COMMON AREAS

All common areas will be used for their designated purposes only, and nothing belonging to residents, or their family, tenants, contractors, agents or guests, will be kept therein or thereon without the prior written approval of the Board of Directors. Such areas as entrances, corridors, sidewalks, elevators and stairways will at all times be kept free of obstruction. Residents are financially responsible to the Association for damage to the Common Areas or caused by themselves, their tenants, contractors, agents, guests, and family members.

2. ELECTRONIC KEY

Certain facilities described below will require an electronic key in order for residents and their guests to gain access. One electronic key will be provided per Residence, and each Residence shall be required to sign an acknowledgement of its receipt. Additional keys may be issued upon request for an additional charge. If a key is lost or stolen, residents should immediately report this information to the Toscana Master Association,Inc., so that the previously issued electronic key may be deactivated. A replacement electronic key may be issued, the charge of which shall be charged to the Residence.

3. SPECIFIC RULES FOR CLUBHOUSE USE

a. The Clubhouse and other common facilities are owned and maintained for the use or benefit of residents and the members of Toscana Master Association, Inc., and their guests. The use of certain specific facilities for certain specific functions involving the general public must be approved by the Board of Directors. Any such function must be under the control of the Toscana Master Association, Inc., and be for the benefit of the residents.

b. Guests (of individual residents) may tour and use the Clubhouse. Residents may invite guests, but must accompany the guests at all times. Guest use of Clubhouse shall be minimal as to not interfere or prevent use of Clubhouse from other residents. Please see additional Rules and Regulations for use of the fitness facilities

c. All residents and guests 18 years of age and older may tour and use the Clubhouse.

d. All residents and guests under 18 years of age must be accompanied by an adult 21 years of age or older.

e. Residents are responsible for the behavior of their guests. Each resident shall be responsible for and shall pay for damage caused to the Clubhouse by his family, guests or tenants. The cost of repair or replacement for damage caused shall be an individual assessment against the responsible resident.

f. Each resident that uses the Clubhouse shall be responsible for cleaning the Clubhouse, and restoring the Clubhouse to its original condition prior to use. If the Clubhouse is not cleaned or restored to its original condition by a using resident, the Association may assess the charges and fees of a cleaning service to that resident.

g. Each resident that uses the Clubhouse shall be responsible for locking the door after use of the Clubhouse has concluded. Each resident shall also be required to turn off certain items requiring electrical use including lights, televisions and radio/stereos.

h. Shoes and shirts are required in the Clubhouse. Wet bathing attire is not permitted except in the restroom/dressing area; nor is it permitted in the exercise room.

k. The use of signs on Clubhouse doors, windows, or walls (other than designated areas such as the bulletin board, etc.) announcing activity events or functions is prohibited unless by Toscana Master Association, Inc.

I. Horseplay, profanity, disruptive conduct and indiscreet behavior at the Clubhouse is strictly prohibited.

m. All users of the Clubhouse and recreational facilities shall be deemed by their use of such facilities to have agreed to absolve the Toscana Master Association, Inc., and the Board of Directors from any claims for damages or compensation for negligence in the event of an accidental injury or death arising from the use of such facility. All users of the Clubhouse voluntarily and freely assume all risk of accident, injury, illness, or damage to or loss of property.

4. SPECIFIC RULES FOR FITNESS FACILITY USE

a. All persons using the fitness facilities do so at their own risk and will be required to execute such forms releasing the Toscana Master Association, Inc., from liability for their use of fitness facilities as determined from time to time.

b. Guests (of individual residents) may tour and use the fitness facility. Residents may invite guests, but must accompany the guests at all times. Guest use of fitness facility shall be minimal as to not interfere or prevent use of the fitness facility from other residents.

c. It is the responsibility of all persons to obtain personal instruction on how to use the equipment prior to usage of such equipment, and the equipment is only to be used in accordance with such instructions.

d. It is the responsibility of each person using the fitness facilities to consult with his or her physician, and such person should be in good physical condition and have no physical, medical or psychological conditions, disabilities, impairments or ailments, chronic or otherwise, which would preclude, impair or prevent the member from using the fitness facilities, equipment or amenities or engaging in active or passive exercise. Members assume full risk of loss and responsibility for damage to their health if the foregoing representations are not and do not continue to remain true.

e. All weights and pieces of equipment must be returned to their proper places at the completion of use. Residents are responsible for the behavior of their guests. Each resident shall be responsible for and shall pay for damage caused to the fitness facility by his family, guests or tenants. The cost of repair or replacement for damage caused shall be an individual assessment against the responsible resident.

f. Casual workout attire is acceptable at the fitness facilities including tee-shirts, tank tops, gym shorts or warm-up pants for men; and leotards, tights, tee-shirts, tank tops, gym shorts or warm-up pants for women. Shoes must be worn at the fitness facility. No flip flops or sandals may be worn at the fitness facility.

g. Residents are required to bring a towel into the fitness facilities in order to wipe down the equipment after use.

h. Pregnant women should not use those fitness facilities that would elevate their core body temperature.

i. Smoking and alcoholic beverages are prohibited at the fitness facility. No food or drink may be brought into the fitness room/area.

j. All guests under 18 years of age are not permitted to use the fitness facilities unless accompanied or supervised by an adult 21 years of age or older.

k. Horseplay, profanity, disruptive conduct and indiscreet behavior at the fitness facilities is strictly prohibited.

All jewelry should be removed prior to exercising.

Residents assume full risk of loss and responsibility for damage to their health.

5. SPECIFIC RULES FOR POOL USE

a. Unless specifically authorized by the Board of Directors, the swimming pool, spa, and dressing rooms are for the exclusive use of residents and their guests.

b. All residents and guests 18 years of age and older may tour and use all pool and spa facilities.

c. All residents and guests under 18 years of age must be accompanied by an adult 21 years of age or older.

Residents are responsible for the behavior of and any damage caused by their guests.

f. Normal pool and spa hours are from sunrise to sunset The Board of Directors may designate special hours for exclusive use by special groups or categories of swimmers.

g. All swimming is at the risk of the swimmer. All swimmers voluntarily and freely assume all risk of accident, injury, illness, or damage to or loss of property. Swimmers are hereby advised that swimming when no other person is present is not recommended. Swimmers are also advised that no lifeguard service will be provided and that the Board of Directors is not obligated to provide lifeguard service.

h. All users of the pool facilities, including all swimmers using the pool, shall be deemed by their use of such facilities to have agreed to absolve the Toscana Master Association, Inc., and the Board of Directors from any claims for damages or compensation for negligence in the event of an accidental injury or death arising from the use of such facilities.

j. All suntan lotions, oils and similar products must be in shatterproof containers when brought to the pool area. Because these products cause operational difficulties with the pool filtration system, bathers using such products must shower after each such application before entering the pool.

m. Health Department regulations preclude bringing any food, drink or bottled containers to the pool and deck areas.

Horseplay, profanity, disruptive conduct and indiscreet behavior at the pool facilities is strictly prohibited

o. The maximum capacity for pool facility is 66 people.

5. ENFORCEMENT

1. The Toscana Master Association, Inc., is hereby granted an easement over the Residence of each owner for the purpose of enforcing these rules and regulations, and may go upon the Residence of said owner to remove or repair any violation of these provisions.

2. A violation letter will be sent for any violation noted either by the Toscana Master Association, Inc., or the Management Company acting on behalf of the Toscana Master Association, Inc. If the violation is not corrected within the time frame noted, or if no contact has been made with the Management Company to explain the delay in affecting the corrections, a final warning letter will be sent. If the violation continues, and no arrangements have been made with the Management Company regarding the violation, the violation will be sent to the Toscana Master Association’s attorney. The homeowner will be responsible for payment of any attorney fees, as well as still being required to make the said corrections.

3. Continued non-payment of association dues will result in a lien being placed on the respective property. In addition, should the non-payment be a continuous reoccurring problem, the Toscana Master Association, Inc., has the right to initiate foreclosure proceedings against the property in question.

4. If guests, tenants, licensees, agents or members of an owner’s family damages or destroys any portion of the common area, such owner hereby authorizes the Toscana Master Association, Inc., to repair said damaged areas, at the owner’s expense.

Adopted by the Board of Directors of Toscana Master Association, Inc. at a duly held meeting of
the Board on the 27th day of August, 2007.

• The Association can enter your lot to remove debris, structures and perform remedial measures.  They still must provide 30 days notice before performing maintenance
• Satellite dishes, restricted to 19 inches in the past can now be up to 36 inches (I got burned on this last year!)
• Liability for unpaid assessments is now shared between a seller of a property and the new buyer
• DeLuca Homes is obligated to pay any “Common Expenses” incurred by the Association that exceed the Assessments charged to other Members.  The language on this one changed from “assessments received” to “assessments charged” probably because not everyone in our neighborhood pays.  Interesting to note that DeLuca Homes can charge whatever they want as to minimize the impact of their obligation.
• The Architectural Review Board now has sixty days to approve or disapprove your plans.
• If you want to fly a flag it must be less than 20 feet high and not obstruct sightlines at intersections.
• Fences on corner lots shall not extend more than five feet from either side of the residence and be perpendicular to the street.
• Play structures need to now be screened from view.  Basketball goals can’t be put on houses.  Portable goals can be used but must be put away.
• Leasing your home requires approval from the Association and cannot be occupied by more than two non-related adults.
• If you lease your home, the Association is now your agent for the purposes of eviction.
• Above-ground pools are banned.
• You may participate in a vote when covenants are changed by appearing in person at the meeting or by proxy.
• If you don’t pay assessments, your FOB is deactivated and your cable is cut.
• If you are involved in a lawsuit with the Association, you will pay the legal fees.  Good luck with that.
• DeLuca and crew are indemnified against all expenses and liabilities, including legal fees unless a judgment establishes that there was willful misconduct or disregard for the best interests of the Association, a violation of criminal law, kickbacks were involved or wrongful conduct in a proceeding brought by or on behalf of the Association.

If I’ve misrepresented anything, please correct me.  I would also love to hear owners comments below.

Please download and read the entire Toscana Master Association First Amendment yourself.

Benjamin