Tuscany Square Condominiums

Construction Defect Lawsuit Updates

August 12, 2016

As you all know, our communication regarding the lawsuit has been very vague because of a confidentiality order that was imposed at mediation. That order has been lifted slightly (not completely) and I am pleased to inform you that the lawsuit was, in fact, settled at the mediation in July with all parties except the developer.  Per the mediator, the terms of the settlement will remain confidential until the settlement agreement is signed.  The settlement agreement has different language since it involves an assignment and a release.  The terms of that agreement are being drafted by our attorney and the other attorneys involved.  Once the agreement is signed by all parties the terms of the settlement will be made available to you. Thank you for your patience during this process and as soon as I have more information I will communicate it.

 

July 5, 2016

A second mediation was held on July 5, 2016. We were unable to conclude the litigation at that time.

 

May 5, 2016

Following the mediation in March, the general contractor’s attorney attempted to locate some additional named third party defendants. He was successful in finding 3 additional parties who are now participating in the negotiations which will ultimately result in a global settlement offer. Our attorney indicates the discussions with the defendants are progressing nicely and he anticipates a 50% chance that settlement will occur in May, 2016, 75% chance for June and 100% chance that the case will settle in July. To insure that we continue to move forward he will be scheduling the second mediation in July, 2016.

Our attorney, Scott Kiernan, will be attending our annual meeting on May 23, 2016 at 6:00 PM at Amalfi’s Restaurant.

 

Mar. 9, 2016

The case did not settle at mediation, however, negotiations are ongoing.
 We will keep you appraised of any further developments.

 

Jan. 22, 2016

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TUSCANY SQUARE RULES and RESTRICTIONS

Parking Regulations

No parking on 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 on 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 condominium complex. Parking is not allowed in front of
garages if no apron exists. 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 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 white curbed service/delivery parking spaces or on your assigned apron while they work. For services requiring greater than 30 minutes vehicle owners must post a notice in windshield indicating unit # where work is being
performed. Residents must inform their service tech of this requirement.

White curbs – Resident and commercial owners and/or employee parking is not allowed in any area designated
as Parking for Delivery and Service Vehicles Only, except for drop-off or short-term delivery using flashers with a
parking limit of 30 minutes.

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 and/or ticketing
by law enforcement or code compliance.

12 Open space parking spots –12 open spaces are for Residential Vehicle Parking only with a valid COA parking sticker with a 48-hour parking limit.

These parking rules apply to all vehicles, whether those of the resident, resident’s contractors, commercial
owners or employees or any guest. The resident or commercial owner is responsible for violations by their
employees, 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 motor vehicles with the Association Office and be issued a vehicle identification
decal. These decals must be displayed in a clearly visible location, i.e., the 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
https://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.


All parking violations are subject to immediate towing at the vehicle owner’s expense.
This rule supersedes all previous parking rules and Parking Violation Policy.

 

 

Move-In and Move-Out Regulations

All residential and commercial move-ins and move-outs must notify Leland Management, or Tuscany Condo COA by email,  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 required at all times.  There is ABSOLUTELY NO EXCEPTION to this requirement.

Residential units:  All residential sales or leases must be preceded by an “Application for Purchase/Lease.”  They shall include a check for the appropriate amount, made payable and delivered to:

Jynell Martz, CAM
jmartz@sentrymgt.com
386-423-7796

  • 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 on SUNDAY 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.

Construction Regulations

To minimize the negative impact of construction activity on the residents of TSQ1, anyone who engages in construction within a Residential or Commercial unit is required to adhere to the following regulations:

Starting time – The normal starting time is 8am. 

Ending time– The normal ending time is 5pm. 

Weekday Construction – Construction is allowed on Monday to Friday.

Weekend Construction – Weekend construction must be pre-approved by the TSQ1 Liaison during the preceding week. Requests should be sent to the TSQ1 Liaison via the Property Modification form or the Contact Us page on the TSQ1 website, tuscanysquarecondominium.org, describing the type of construction activity. Construction with noisy, heavy-duty equipment will not be permitted under any circumstances during weekends.

Clean Up – The driveway is a common element. The Contractor or the Resident must clean up all debris and remove all material from the driveway.

Driveway Parking – The Contractor may park one or two trucks in designated interior locations that are close to the construction site. Equipment and materials may be unloaded as needed by the GC.  However, these trucks must be moved to the exterior parking lot after the delivery is completed.

Driveway Closure – If the driveway must be closed to accommodate the construction, the GC must inform the TSQ1 Liaison no later than 2 days prior to the driveway closure.

Sanitary Facilities – The bathrooms in the North Breezeway outside of the gated area of the building will be unlocked during construction hours.  The GC will be given a FOB to be used when reentering the gated area.

Fire Alarm – The GC must inform the TSQ1 or a Board member no later than 2 days prior to any scheduled fire alarm test.

GC Representative – Whenever the GC is not present on site, the GC must inform the TSQ1 Liaison of the identity of the on-site manager who will have full responsibility for all ongoing construction activities.

Common Elements – The GC cannot make any attachment to or alter the configuration of any common element without the prior approval of the ARC Committee.

BOD

TSQ1 Liaison – Nancy Graves – 386-478-8876                                                                            April 17, 2023

Access Gate Instructions and Parking Permits

Directory Name: This is the name that will appear on the entry system at the gate. The system will display the first initial and last name of the person(s) occupying the unit. Your unit number will NOT appear on the directory system. 

Resident Phone Number: This phone number will be called automatically by the access gate system when a visitor arrives. When you answer the phone, a two-way conversation is initiated with the person at the gate. Pressing ‘9’ on your phone will open the gate and end the call immediately.

Directory Number: This is a three digit number assigned to the resident phone number in the directory system.

When you are expecting a guest or any other non-residents, including workmen, deliverymen, movers etc., you should instruct them to use the directory system at the callbox located next to the vehicle and pedestrian entry gates. They will press the up or down arrow to see an alphabetic listing of last names. (Your unit number will NOT appear on the directory system.)  Next to your name will be the directory number. When the directory number is entered, the System will call the resident phone number you provided to us.  Once the resident has answered the call, they have two options:

– Dial “9” to grant access (do a long press if you are using a cell phone)

– Hang up to disconnect the call and deny access

You have 60 seconds to complete the call with the individual at the entry gate, however pressing “9” to allow access immediately disconnects the call.

If the resident is on the phone and has call waiting, they will be notified that someone is at the gate via the normal call waiting procedure. The caller ID from the gate access system is “Gate System”.

If the resident phone number you supplied is a cell phone number, there will be no caller ID from the gate system until you add it to your contacts list on your cell phone.

Parking Permits

Vehicles belonging to residents will be given a white and green, numbered parking sticker that can be attached to the car’s windshield. The stickers will enable our staff to identify illegally parked vehicles, so they can contact the towing service for immediate removal of the vehicle. We also want to alert all residents to the yellow No Parking signs that are painted on the entrance to the six buildings and the four exterior trash receptacles.  It is illegal to park in these areas, and any unoccupied vehicle parked in these areas will be towed.

Pet Rules and Regulations

It is the responsibility of all dog owners to remove their dog’s waste from the grounds.  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. Take your canines to the large fields either north or east of the complex. 

 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.

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The following is an excerpt from Section 18.6 of the Rules and Restrictions:

An Occupant may maintain no more than 2 four-legged pets in the Unit, to be limited solely to dogs (not to exceed 20 pounds each) or cats, provided same are not kept, bred or maintained for any commercial purpose, do not become a nuisance or annoyance to neighbors and are first registered with the Association. The only other pets permitted upon the Condominium Property shall be birds and fish, which animals (a) shall not be kept in or on the Common Elements or Limited Common Elements but which shall be required to be within the boundaries of a Unit at all times and (b) shall not become a nuisance or annoyance to neighbors.

Clean UpThe owners of the pet must pick up all solid wastes of their pet and dispose of such wastes appropriately. 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. No pets may be kept in or upon any Limited Common Element appurtenant to a Unit (the balcony) when the owner of the pet is not in the Unit. The owner of a pet shall indemnify the Association and the Developer and hold them harmless from and against any loss or liability of any kind or character whatsoever arising from such owner’s having any pet upon the condominium Property. All owners of pets are required to clean up all pet droppings deposited on the Common Elements. If any pet owner fails to clean up after the pet, the Association shall perform such service or cause such service to be performed and charge the offending pet owner for the costs associated therewith.

Any complaints filed by residents of damage caused by a pet shall be submitted in writing to the Board, which shall determine the amount of the damage and notify the person who owns the pet in writing to make the necessary repair, replacement or removal (as the case may be). lf such person fails to properly act within 15 days from the date of such notice, or fails to otherwise reach an agreement in writing with the Board as to the payment for such damage or remedying any other violation within 15 days from the date of such notice, such person shall be required to permanently remove the pet from the Condominium Property. Payment for damages pursuant to this subsection shall not be in lieu of any right of action which the person sustaining the damage shall be entitled to independently.

Any pet complaint filed with the Association, whether or not such complaint involves damage as described in the above paragraph, shall be verified by a designated member of the Board of Directors. Each verified pet complaint shall constitute an infraction for purposes of this subsection. The Board shall take action with regard to such infractions as follows:

(a) If the complaint is the first infraction, the Board shall notify the pet owner of the infraction in writing and formally request that no such infraction again occur.

(b) If the complaint is the second infraction, the Board shall notify the pet owner and warn such owner that the next infraction will cause a penalty fine to be assessed.

(c) lf the complaint is the third infraction, the Board shall notify the pet owner of the continuing violation and refer the matter to a committee of three (3) Unit Owners, none of whom shall be presently serving on the Board or be related to a director or the offending pet owner, for a determination as to a fine for the continuing infraction. Such committee shall, within 7 days following issuance of the notice of third infraction to the offending pet owner, determine whether a fine should be levied for such continuing infraction and provide a recommendation thereon to the Board. The amount of any fine shall not exceed the maximum amount allowed under the applicable provisions of Section 718.303, Florida Statutes. If a fine is recommended by such committee, the Board shall issue a written notice to the offending pet owner advising of the levying of the fine. However, such fine shall not become due and owing until such pet owner has received such written notice and has been given the opportunity to request a hearing before the committee of Unit Owners described in this subsection (c) at a time and date which shall not be more than 30 days after the date of such notice. In the event the offending pet owner elects not to seek such a hearing, the recommendation of a fine made by the committee shall become binding upon the Association and the pet owner. If such a hearing is held the decision of the committee as to whether to rescind, modify or ratify the proposed fine shall be binding upon the Association and the pet owner. All decisions made by such committee shall be made by majority vote.

(d) If the complaint is the fourth infraction, the Board shall notify the pet owner and demand that the pet be removed from the Condominium Property within 30 days from notice. Prior to taking the action contemplated in this subsection (d), such pet owner shall have the same opportunity for notice and a hearing as provided in subsection (c) above.

Infractions for purposes of this Section shall accumulate only on the basis of separate 12 month periods with each new period commencing on the annual anniversary date of this Declaration (“Infraction Period”) In other words, the number of infractions in any Infraction Period shall not be carried forward into the next Infraction Period for purposes of the enforcement of this Section.

Roof Access Policy

If your A/C contractor needs access to the roof for diagnostics or minor repairs, please call or text Nancy Graves, TSQ1 Liaison, 386-478-8876 for the roof code.

If you are going to replace your AC unit you will need to contact TSQ1 Liaison to confirm that we have a Certificate of Insurance on file for your contractor, and at least 24 hours prior to installation, submit a Property Modification form found at Tuscanysquarecondominium.org website, including the vendor’s Name, address, phone number and the date and time-frame they expect to install the new equipment on the roof.  If the A/C replacement involves the use of a lift/crane, 24hrs notice must be given to TSQ1 Liaison for coordination with maintenance. All contractors/operators MUST be licensed to operate the equipment being used, and must supply and utilize all necessary safety equipment including cones, caution tape, etc. Roof access code will be supplied by TSQ1 Liaison and TSQ1 maintenance will escort contractor personnel to the roof worksite and inspect the work area. Owners or contractors are responsible for informing TSQ1 Liaison that the work is complete. TSQ1 Maintenance will reinspect the work area & report roof condition to TSQ1 Liaison.  The owner will be responsible for any damage caused by their contractor.

If you have an Air Conditioning company that you prefer, please send an email to tsq1coa@gmail.com with your vendor’s name and phone number and we will contact them for a Certificate of Insurance to keep on file.

BOD July 15, 2023

Proper Use of Dumpsters and Trash Chutes

As you may have noticed, the “Authorized Personnel Only” signs on the 1st floor trash rooms have been painted black. Some residents considered these trash rooms “Off Limits” when in reality; they are specifically for residents use. There are trash chutes on every floor near the elevators for your convenience. Use the trash chute if your refuse will fit into it, however, if it is too large to go down the chute, please take it downstairs and dispose of it in the dumpster. Do not leave anything in the trash rooms on the residential floors. Unfortunately, we do not have a recycling program at this time, so everything goes in the dumpster. Trash pickup is every Monday and Thursday (at no particular time). 

The dumpsters located outside, around the driveway, are for commercial tenant use only. These dumpsters are much smaller and fill up quickly, so please reserve these for commercial use only.

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