TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC.
ARTICLE I – DEFINITIONS
Section 1. “Association” shall mean and refer to the TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC. its
successors and assigns.
Section 2. “Owner” shall mean and refer to the record fee simple owner, whether one or more persons or
entitles of any lot which is a part of the Properties, but excluding those having an interest merely as security for the
performance of an obligation.
Section 3. “Common Area” shall mean and refer to any real property, easements, or facilities which the
Association owns or maintains for the common use and enjoyment of the owners, including but not limited to
roadway, sidewalks, entranceway, signage, storm water facilities and easements.
Section 4. “Lot” shall mean and refer to each parcel or tract of land located within the Properties upon which a
dwelling may be constructed.
Section 5. “Declarant” shall mean and refer to MORRIS BROWN and JOHN TILL, their successors and assigns.
Section 6. “Declaration” shall mean and refer to that certain Declaration of Covenants and restrictions
applicable to TUSCANY TRACE, recorded in the Official Records of Wakulla County, Florida Official Records Book
______ Page _______, and such amendments as may be recorded from time to time.
Section 7. “Properties” shall mean and refer to: SEE EXHIBIT “A”
ARTICLE II – LOCATION
The Principle office of the Association shall be at 3074 Shamrock North, Tallahassee FL 32309, or any other
location designated by the board of directors.
ARTICLE III – MEMBERSHIP IN ASSOCIATION
Membership in the Association shall be specified in the articles of Incorporation of the TUSCANY TRACE
HOMEOWNERS’ ASSOCIATION, INC., and such provisions are incorporated herein as fully and as completely as if
specifically set forth.
ARTICLE IV – ASSESSMENTS
Association assessments shall be as specified in the Declaration, and such provisions are incorporated herein as
fully and as completely as if specifically set forth.
ARTICLE V – ASSOCIATION PURPOSES AND POWERS
The purposes, powers, rights and responsibilities of the Association shall be as specified in the Articles of
Incorporation of the TUSCANY TRACE HOMOWNERS’ ASSOCIATION, INC., and such provisions are incorporated
herein as fully and as completely as if specifically set forth.
ARTICLE VI – BOARD OF DIRECTORS
Section 1. NOMINATION. Nomination for election to the Board of Directors shall be made from the floor at
the annual meeting. Such nominations may only be made from among members.
Section 2. ELECTION. Election to the Board of Directors shall be made by secret written ballot. At such
election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to
exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be
elected. Cumulative voting shall not be permitted.
Section 3. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held quarterly
without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said
meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a
legal holiday.
Section 4. SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when called by
the President of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 5. QUORUM. A majority of the number of directors shall constitute a quorum for the transaction of
business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which
a quorum is present shall be regarded as the act of the Board.
ARTILE VII – POWERS AND DUTIES OF BOARD OF DIRECTORS
Section 1. Powers of the Board. The Board of Directors shall have power to:
A. Call special meetings of the members whenever it deems necessary and it shall call a meeting at any time
upon written request of one-fourth (1/4) of all votes.
B. Employ, appoint or remove independent contractors, employees, officers and agents of the Association,
prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem
expedient. Nothing contained in these Bylaws shall be construed to prohibit the employment of any member, officer
or director of the Association in any capacity whatsoever.
C. Adopt and publish rules and regulations governing the use of the Common Area and facilities and the
personal conduct of the members and their guests thereon.
D. Exercise for the Association all powers, duties and authority vested in or delegated to this Association,
except those specifically reserved to the membership by the Declaration, Articles of Incorporation, or by other
provisions of these Bylaws.
E. Establish, levy, and assess, and collect the assessments or charges referred to herein.
F. Procure and maintain adequate liability and hazard insurance on property owned by the Association.
G. Cause all officers or employees having fiscal responsibility to be bonded, as it may deem appropriate.
H. Cause the common area to be maintained.
Section 2. Duties of the Board. It shall be the duty of the Board of Directors to:
A. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to
the members at the annual meeting of the members or at any special meeting of the members or at any special
meeting when such is requested in writing by one-fourth (1/4) of all votes.
B. Supervise all officers, agents and employees of this Association, and to see that their duties are properly
performed.
C. As more fully provided in the Declaration:
1) Fix the amount of the assessment against each lot for each assessment period at least thirty (30) days in
advance of such date or period, and at the same time;
2) Send written notice of each assessment to every owner subject thereto.
3) Foreclose the lien against any property for which assessments are not paid within ninety (90) days after the
due date, or to bring an action at law against the owner personally obligated to pay the same.
D. Issue, or to cause an appropriate officer to issue, upon demand by a person, a certificate setting forth
whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein
stated to have been paid.
ARTICLE VIII – OFFICERS
Section 1. The officers shall be a president, vice-president, secretary and a treasurer. The president and the
vice-president shall be members of the board of directors. The offices of secretary and treasurer may be held by
the same person.
Section 2. The officers shall be chosen by a majority vote of the board of directors.
Section 3. All officers shall hold office at the pleasure of the board of directors.
Section 4. The president shall preside at all meetings of the board of directors, shall see that orders and
resolutions of the board of directors are carried out and sign all notes, leases, mortgages, deeds and all other
written instruments.
Section 5. The vice-president shall perform all the duties of the president in the event of his absence, inability,
or refusal to act.
Section 6. The secretary shall be the ex officio secretary of the board of directors, shall record the votes and
keep the minutes of all proceedings in a book to be kept for the purpose, shall keep the records of the Association,
and shall keep appropriate current records showing all members of the Association together with their addresses as
registered by such members.
Section 7. The treasurer shall receive and deposit in appropriate bank accounts all funds of the Association
and shall disburse such funds as directed by resolution of the board of directors, provided, however, that a
resolution of the board of directors shall not be necessary for disbursements made in the ordinary course of
business. The treasurer shall sign all checks and notes of the Association.
Section 8. The treasurer shall keep proper books of account and at the completion of each fiscal year, shall
prepare an annual balance sheet statement and a statement of income and expenditures which shall be presented
to the membership at its regular annual meeting.
ARTICLE IX – MEETINGS OF MEMBERS
Section 1. Annual Meetings. Annual meetings of the members shall be held at a date, time and place set by
the Board of Directors.
Section 2. Special Meetings. Special meetings of the members for any purpose may be called at any time
by two or more members of the Board of Directors, or upon written request of the members who have a right to vote
one-fourth (1/4) of all votes.
Section 3. Notice. Written notice of each meeting of the members shall be given by, or at the direction
of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at
least 15 days before such meeting to each member entitled to vote thereat, addressed to the member’s address last
appearing on the books of the Association, or supplied by such member to the Association for the purpose of
notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the
purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast,
one-tenth (1/10) of the votes, shall constitute a quorum for any action governed by the Bylaws. If, however, such
quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power
to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as
aforesaid shall be present or be represented. Any action governed by the Articles of Incorporation or by the
Declaration applicable to the Properties shall require a quorum as therein provided.
ARTICLE X – PROXIES
Section 1. Voting by Proxy. At all corporate meetings of members, each member may vote in person or by
proxy.
Section 2. Form and Duration of Proxy. All proxies shall be in writing and filed with the secretary. No proxy
shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale by the
member of his interest in the Properties.
ARITCLE XI – BOOKS AND PAPERS
The books, records and papers of the Association shall be subject to the inspection of any member, by
appointment, during reasonable business hours.
ARTICLE XII – FISCAL YEAR
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of
every year, except that the first fiscal year shall begin on the date of incorporation
ARTICLE XIV – AMENDMENTS
These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a
quorum of members present in person or by proxy, provided that those provisions of these Bylaws which are
governed y the Articles of Incorporation of this Association may not be amended except as provided in the Articles of
Incorporation or applicable law; and provided further that any matter stated herein to be or which is in fact governed
by the Declaration may not be amended excepts as provided in the Declaration. The quorum required for
amendment shall be as follows: At the first meeting called, as provided in those provisions, the presence at the
meeting of members or of proxies, entitled to cast a majority of all votes of the membership shall constitute a
quorum. If the required quorum is not forthcoming at said meeting, another meeting may be called, subject to the
notice requirements, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting.
ARTICLE XIV – CONFLICTS
In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and
in the case of any conflict between the Declaration, the Declaration shall control.
IN WITNESS WHEREOF, WE, being all of the Directors of TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC.,
have hereunto set our hands this __________ day of __________________, 20_______.
Signed, sealed and delivered in the presence of:
______________________________ __________________________________
MORRIS BROWN, DIRECTOR
(Printed Name)
_______________________________ __________________________________
JOHN TILL, DIRECTOR
(Printed Name)
_______________________________ __________________________________
SUSAN TILL, DIRECTOR
(Printed Name)
CERTIFICATION
I, THE UNDERSIGNED DO HEREBY CERTIFY:
THAT I am a duly elected and acting Secretary-Treasurer of TUSCANY TRACE HOMEOWNERS’ ASSOCIATION,
INC., a non-profit Florida Corporation; and,
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the
board of directors thereof, held on the 27TH day of January, 2006.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this 27TH
day of January, 2006.
___________________________________________
JENNIFER BROWN, SECRETARY-TREASURER