Covenants Amended

The Toscana Master Association amended the covenants for Toscana.  Here are some of the highlights of changes:

• 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