DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION of Covenants and Restrictions made this 27th day of January 2006, by MORRIS BROWN
and JOHN TILL, hereinafter referred to as “Declarant”.
ARITICLE I – PURPOSE
Declarant, in order to provide for the preservation of the values, amenities, attractiveness and desirability of
the real property descried in Article II hereof, and in order to provide for the administration and maintenance of
certain portions of said real property and for the enforcement of these covenants and restrictions, hereby
declares that the real property described in Article II hereof shall be held, used, transferred, sold and conveyed
subject to the covenants and restrictions set forth herein.
ARTICLE II – PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, and
occupied subject to this Declaration is located in Wakulla County, Florida and is more particularly described as
follows: SEE ATTACHED EXHIBIT “A”
Section 2. Additional Property. Additional Units of TUSCANY TRACE, or other properties, may become
subject to this declaration by either of the following, which shall not require the consent of lot owners within the
Properties or the Board:
A. Recordation of a document containing a legal description of the additional property, reference to the
Official Records Book and Page numbers of this Declaration, and signatures of Declarant and additional property
owner(s), if other than Declarant.
B. Recordation of additional declarations as the Declarant and additional property owner(s), if other than
Declarant, shall at their sole discretion deem appropriate.
This section shall not be deleted or changed without the written consent of the Declarant.
All rights resulting to Members of the TUSCANY TRACE HOMEOWNER’S ASSOCIATION shall be uniform as
between all properties subject to this Declaration.
ARTICLE III – DEFINITIONS
A. “Association” shall mean and refer to TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC., its
successors and assigns.
B. “Board” shall mean and refer to the Board of Directors of TUSCANY TRACE HOMEOWNERS’
ASSOCIATION, INC.
C. “Bylaws” shall mean and refer to the Bylaws of the Association.
D. “Committee” shall mean and refer to the Architectural Control Committee.
E. “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,
drainage, and landscape easements.
F. “Declarant” shall mean and refer to MORRIS BROWN and JOHN TILL, their successors and assigns. The
Declarant may not be replaced, nor the definition thereof modified, by any action of the Board, Association, or
Owners.
G. “Declaration” shall mean and refer to this Declaration of Covenants and Restrictions as the same may be
supplemented or amended from time to time.
H. “Lot” shall mean and refer to each parcel or tract of land located within the Properties upon which a
dwelling may be constructed.
I. “Member” shall mean and refer to any member of TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC.
J. “Owner” shall mean and refer to the record fee simple owner, whether one or more persons or entities, 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.
K. “Properties” shall mean and refer to the real property in Article II, hereof.
ARTICLE IV – USE RESTRICTIONS
Section 1. Land Use and Building Type. No lot shall be used except for residential purposes. No building of
any type shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family
dwelling, not to exceed two stories in height at street grade, garages and structures customarily associated with
single-family residential homes.
The floor area of the main structure, exclusive of porches, garages, and patios, shall be not less than 1200
square feet of heated and air-conditioned complete finished living area. In the event the main structure contains
more than one story, the ground floor, exclusive of porches, garages and patios, must contain not less than 800
square feet of heated and air-conditioned completely finished living area.
The exterior construction material shall be approved by the committee. Pipes, wires, or other appurtenances
underneath or adjoining a structure shall not be exposed and shall be encased or housed as part of the overall
construction project.
When the construction of any building is once begun, work thereon shall proceed diligently and continuously
until the full completion thereof, and in any event shall not extend beyond one year from commencement thereof.
The main residence and associated structures shown on the plans and specifications approved by the Committee
must be completed in accordance with said plans and specifications upon each building plot unless such
completion is rendered impossible as the direct result of strikes, fires, national emergencies or natural calamities.
Section 2. Garages and Carports. Each living unit shall have a 2-car garage. Garage and entrances shall
face the front property line.
Section 3. Improvement Setbacks and Location. No building or structure shall be located nearer than 20 feet
to the front or rear property line, nor nearer than 8 feet to the side property line. No hedge, shrub, or other
foliage planting shall be permitted which obstructs safe sightlines at the roadway, as determined by the
Committee. The Committee may, in its sole discretion, permit certain decorative fencing, such split rail or picket
fencing, to be constructed in restricted areas. The Committee shall specifically approve fencing on vacant lots.
Consent of the Board of Directors of the Association must be obtained as provided for in the Declaration of
Restrictive Covenants before any fence is constructed by any Homeowner. For the purpose of this section, eaves
and steps shall not be considered as part of a building, provided, however, that this shall not be construed to
permit any portion of a building to encroach on or over another lot.
Section 4. Temporary Structures. No structure of a temporary character, including but not limited to, mobile
homes, travel trailers, motor homes, basements, tents, boats, bomb shelters, shacks, garages, barns or other
buildings, tool or storage sheds, or any other outbuildings shall be used on any lot at any time as a residence
either temporarily or permanently.
Section 5. Mail Boxes. No mail box, paper box or together receptacle of any kind for use in the delivery of
mail, newspapers, magazines, or similar materials shall be erected or located on any lot unless and until the size,
location, design, and type of said boxes or receptacles shall have been approved by the Committee.
Section 6. Air-Conditioning and Heating Units. All exterior heating and/or air-conditioning compressors and
other machinery shall be located to the rear or side of the residence. No window air-conditioning or heating units
shall be installed in a dwelling or in the front of any outbuilding. Air-conditioning and heating equipment shall be
screened from the street by landscaping, decorative fence, wall, or other means approved by the Committee.
Section 7. Utility Connections, Antennas, and Satellite Receiving Stations. No owner shall construct, erect, or
maintain any external radio or television antenna, satellite receiving station or disc, or other similar apparatus
unless specifically approved by the Committee. Satellite receiving stations shall be placed or constructed to the
rear of the residence, within the setback lines for building structures.
All connections for utilities to dwellings or other structures on the lots, including but not limited to water, sewage,
electricity, telephone and television, shall be underground from the property connecting points to the structure
and in such a manner as to be acceptable to the governing utility authority and the Committee.
Section 8. Garbage and Refuse Disposal. Trash, garbage or other waste shall not be allowed to accumulate
on the property and shall be kept in closed containers, which shall be maintained in a clean and sanitary
condition. All containers shall be kept at the rear of the residence, and in no event shall the same be visible from
any street. Household garbage shall not be burned.
Section 9. Building Maintenance. All owners shall maintain structures in good repair and keep the same safe,
clean, orderly, and attractive in appearance at all times. The Committee shall be the judge as to whether the
structures are safe, clean, orderly, and attractive in appearance, and property painted or preserved, and where
the Committee notifies the particular owner in writing that said structure fails to meet acceptable standards, said
owner shall thereupon remedy such conditions within thirty (30) days to the satisfaction of the Committee and that
failing to remedy such condition, the owner or tenants hereby covenant and agree that the Association may, at its
sole discretion, perform such necessary maintenance, but is not obligated to perform the same or take such
actions as will bring the said structure up to acceptable standards, all such repairs and actions to be at the sole
expense of the owner. The cost of such repairs and actions shall be assessed against the lot upon which the
repairs or action is performed, and shall be due and payable within fifteen (15) days after written notice of the
assessment is mailed to the owner. It shall also constitute a lien against the lot and a personal obligation of the
owner, and may be enforced and collected in the same manner as provided herein for the collection of delinquent
assessments.
Section 10. Property Maintenance. All owners shall keep their lots mowed and maintained regularly. Where
lots border on or contain ditches, ponds, drainage canals or swales, the owner of each lot shall keep that area,
including the slopes, down to the edge of the water mowed and maintained regularly. Washouts or erosions on
the lot shall be property attended to and repaired by the respective lot owner. The lot owner shall promptly
remove trash, litter, or other debris dumped upon any lot. The committee shall be the judge as to whether the
property is safe, clean, orderly, and attractive in appearance, and where the Committee determines that said
property fails to meet acceptable standards then the Association may, at its sole discretion, perform such
necessary maintenance, but is not obligated to perform the same or take such actions as will bring the said
property up to acceptable standards, all such actions to be at the sole expense of the owner. The cost of such
actions shall be assessed against the lot upon which the action is performed, and shall be due and payable within
fifteen (15) days after written notice of the assessment is mailed to the owner. It shall also constitute a lien
against the lot and a personal obligation of the owner, and may be enforced and collected in the same manner as
provided herein for the collection of delinquent assessments.
Section 11. Business or Commercial Activity. No commercial business shall be allowed.
Section 12. Dumping. The property shall not be used as, maintained as, or allowed to become a dumping
ground for scraps, litter, fill, leaves, limbs, discarded building materials, appliances, junk cars, rubbish or other
debris.
Section 13. Boats, Trailers, Campers, and Inoperative Vehicles. Nothing other than operative automobiles
shall be parked in the front yard of the residence.
Section 14. Storage of Personal Property. All personal property kept on the premises shall be either kept
and maintained in a proper storage facility, or shall be stored at the rear of the home. However, junk cars, old
appliances, or the like shall not be kept anywhere on the property. Personal property shall be stored in a
completely enclosed structure approved by the Committee. Among other remedies, and after thirty (30) days
notice to the lot owner, the Association may come upon the lot to remove property being stored in violation of this
provision, all at the expense of the lot owner, which expense shall constitute a lien against said lot. An automobile
or other vehicle shall be considered a “junk car” under this provision if it is immobile for a period of thirty days or
longer, or does not have a current license tag, unless specifically approved otherwise by the Committee.
Section 15. Vehicle Parking and Use. There shall be no on street parking whatsoever of any vehicles
including, but no limited to, boats, motor homes, automobiles, or trailers, unless such parking is necessary under
unusual circumstances, such as a party or reception. All vehicles shall be stored in the garage of each home.
Once the garage has been filled, additional vehicles may be parked on the driveway parking pads only. No three
or four wheel motorized vehicle, go-cart or all terrain recreational vehicle shall be operated on any portion of the
Properties. Notwithstanding, golf-carts may be operated on the Properties.
Section 16. Signs. No sign of any kind shall be displayed to the public view except one sign of not more than
five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property
during the construction and sale period.
Section 17. Nuisance. No noxious or offensive activities shall be carried on upon any lot nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the neighborhood or tend to
damage or destroy either private or public property.
Section 18. Livestock and Pets. No animals, livestock, or poultry of any kind shall be raised, bred or kept on
any lot except that dogs, cats or other household pets may be kept provided that they are not kept, bred or
maintained for any commercial purpose, and further, provided that they are not allowed to wander or roam freely
about the neighborhood. Any dog creating a nuisance in the neighborhood, be it from excessive barking, chasing
cars, chasing people, overturning garbage containers, destroying property, or the like, shall constitute a nuisance
and shall result in the Association taking whatever action is appropriate to remove such nuisance. All pets must
be maintained within an enclosed area and shall not be allowed to roam free.
Section 19. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for
oil or natural gas shall be erected, or maintained for any purpose.
Section 20. Drying Areas. No clothing, laundry, or wash shall be aired or dried on any portion of a lot in an
area exposed to view from any street.
Section 21. Modification of Common Areas. No change or modification to any Common Area shall be made
without the prior written approval of the Association.
Section 22. Right to Lease. A Homeowner shall have the right to lease or rent its home, provided that no
lease or sub-lease shall be for a period of less than one (1) year. Each lease shall state that the lessee has been
provided with a copy of the Restrictive Covenants and any amendments thereto, and has read and understands
them and agrees to be bound by the terms thereof, including any amendments which may be adopted thereafter.
The Homeowner shall provide the lessee with a copy of the Restrictive Covenants and any amendments thereto.
A copy of any lease shall be provided to Declarant prior to inception of the lease.
ARTICLE V – ARCHITECTURAL CONTROL COMMITTEE
Section 1. Membership. The Board shall, at its sole discretion, appoint or remove the members of the
Architectural Control Committee. The Committee may designate a representative to act for it by executing an
instrument to that effect. The Committee shall initially consist of MORRIS BROWN and JOHN TILL. Upon the
death, resignation, or removal of any member of the Committee, The Board shall appoint a successor Committee
member. Neither the members of the Committee nor its designated representative shall be entitled to any
compensation for services performed pursuant to this covenant.
Section 2. Purpose. No building, fence, dock, wall, structure, alteration, addition, paving, culvert, culvert
headwall, or improvement of any kind other than interior alterations not affecting the external appearance of a
building or structure shall be commenced, erected, placed or maintained upon any portion of any lot unless and
until the plans and specifications thereof shall shave been approved in writing by the Committee in its sole
discretion as to harmony of external design and location in relation to surrounding structures and topography as
to aesthetic quality.
Section 3. Approval Procedures. The committee’s approval, disapproval, or waiver as required in these
covenants shall be in writing. Plans and specifications shall be submitted to the Committee at the principal office
of the Association. In the even the Committee fails to approve or disapprove such plans and specifications as
submitted and receipted, within 30 days of written receipt thereof, approval shall be deemed to have been given.
However, approval of plans and specifications not in conformity with the covenants and restrictions contained
herein shall not constitute a waiver unless specifically stated as a waiver in writing.
Section 4. Plans and Specifications. Plans and specifications submitted to the Committee shall be a duplicate
of those upon which the building permit is obtained. Plans and specifications shall consist of not less than the
following: (1) floor plan of all floors, foundation plans, section details, elevation drawings of all exterior walls, roof
plans, deck or screen enclosure plans; (2) comprehensive color scheme designating the precise color of all
exterior surfaces and exterior materials to be used, including but not limited to the color of the trim, gutters,
windows, shutters, decks, porches and all other exposed surfaces; (3) a site plan with building setback lines
shown and showing location and orientation of all buildings, trees, mailboxes, fences, driveway and sidewalk
locations and other structures and improvements proposed to be constructed on the lot; (4) specifications that
designate the building materials that are to be utilized in the construction.
The Committee may disapprove a plan for lack of artistic style or aesthetic quality. For example, the
Committee may disapprove a plan because it is too square or “box-like”, because the roof is too flat, because of
color scheme, or for any other reason that the Committee in its sole discretion may deem appropriate.
Section 5. Exterior Appearance of Each Unit. No Homeowner may make any alterations or additions to any
home, mailboxes, the walks, driveways or other exterior elements or change the exterior color of any home without
first obtaining the written consent of the Board of Directors of the Association approving the plans and
specifications for the changes or alterations to be made to the home, its ground, or the color of any proposed
repainting.
ARTICLE VI – HOMEOWNERS’ ASSOCIATION
Section 1. General
Declarant has deemed it desirable for the efficient preservation of the values and amenities in TUSCANY
TRACE to create an agency to which should be delegated and assigned the powers and responsibilities of
administering and enforcing the covenants and restrictions, collecting and disbursing the assessments and
charges hereinafter established, and for the purpose of promoting the common interests of property owners in
TUSCANY TRACE in general. Pursuant thereto, Declarant has caused to be incorporated under the laws of the
State of Florida, as a non-profit corporation, TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC. for the
purpose of exercising the aforesaid powers and responsibilities. The Association shall have such powers and
responsibilities in the furtherance of its purposes as are set forth in its Articles of Incorporation and bylaws, and
may include, but not be limited to, maintenance of roads, easements and other common areas. The Association
may engage in any other activity or assume any responsibilities that may be considered as promoting the
common interest of TUSCANY TRACE residents.
Section 2. Membership
Each Owner shall be a member of the Association and shall abide by this Declaration, the Association’s
articles, Bylaws, rules and regulations, and shall be liable for the payment of all assessments levied.
Section 3. Voting Rights
Members shall be entitled to one vote for each lot owned. When more than one person holds such interest in
any lot, all such persons shall collectively be entitled to one vote per lot, which vote shall be exercised as they
among themselves determine.
No member shall be entitled to vote unless such member has fully paid all assessments as provided herein as
shown by the books of the Association.
The first election of the Board of Directors shall be held before more than 75 percent of the lots have been
sold or deeded away by the developer.
Section 4. Assessments
A. Creation of Lien and Owner’s Obligation. Each owner, by the acceptance of a deed therefore, whether
or not it shall be so expressed in any such deed or other conveyance, covenants and agrees to pay to the
Association annual assessments and special assessments to be fixed, established and collected from time to time
as herein provided. The annual and special assessments, together with such interest thereon and costs of
collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together with such interest and
costs of collection thereof as herein provided, shall also be the personal obligation of the person who is the
record owner of such property at the time when the assessment becomes due.
B. Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of
promoting the recreation, health, safety and welfare of the residents of TUSCANY TRACE, and in particular for
the improvement and maintenance of roads, sidewalks, entranceway, signage, storm water facilities, easements,
common areas, services, and facilities devoted to the purpose related to the use and enjoyment of the common
area and of the homes upon the Properties, including but not limited to, the payment of taxes, insurance, repairs,
replacement, additions thereto, maintenance, and for the cost of labor, equipment, materials, management and
supervision thereof.
C. Annual Assessments. The annual assessment per lot for the calendar year shall be $100.00 and shall be
due and payable on or before March 1 of each year. The first annual assessment for the initial purchaser shall
be pro-rated as of the date of closing. The annual assessment may be increased by the Board not to exceed ten
percent (10%) over the assessment of the previous year. The Board shall provide written notice of any change in
the amount or due date of the assessment at least thirty (30) days in advance of such due date. Developer-
owner lots shall be subject to that portion of the assessment representing maintenance costs only when more
than 50 percent of the lots have been sold or deeded away by the developer and to that portion of the
assessment representing the contribution to a reserve account only when more than 75 percent of the lots have
been sold or deeded away by the developer.
D. Special Assessments. In addition to the annual assessments authorized herein, the Association may levy
a special assessment, in any assessment year for that year only, for the purpose of defraying, in whole or in part,
the cost or any construction or reconstruction, unexpected repair or replacement of capital improvement on the
common areas, storm water facilities, ponds, sidewalks, entranceway, signage, and any extraordinary expense of
operation or maintenance, provided that any such assessment shall have the assent of two-thirds (2/3) of the
votes of members who are voting in person or by proxy at a meeting duly called for such purpose, written notice of
which shall be sent to all members at least thirty (30) days in advance of said meeting and which notice shall set
forth the purpose of the meeting. The due date of any special assessment levied shall be fixed in the resolution
authorizing such assessment.
E. Change in Maximum Annual Assessment Increase. The Association may change the maximum amount of
the annual assessment increase fixed herein (10%), provided that such change shall be approved by two-thirds
(2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for such purpose,
written notice of which shall be sent to all members at least thirty (30) days in advance of said meeting and which
notice shall set forth the purpose of the meeting.
F. Quorum. The quorum required for any action authorized by the Change in Maximum Annual Assessment
Increase provision or Special Assessment provision 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 on-half (1/2) of the required quorum at the preceding meeting.
G. Duties of the Board and the Association. The Board shall cause to be prepared a roster of the properties
and assessments applicable thereto, which roster shall be kept at the principal address of the Association. The
Association shall, upon request, furnish to any Owner liable for the payment of assessments, a certificate in
writing signed by the appropriate officer of the Association, setting forth whether said assessments against the
Owner’s lot has been paid and the due date of the next assessment. Such certificate shall be conclusive
evidence of payment of any assessment therein stated to have been paid.
H. Rights of Declarant. Notwithstanding anything contained herein to the contrary, Declarant shall be exempt
from the payment of annual assessments against lots owned by Declarant and held for sale in the normal course
of business. Declarant covenants and agrees that so long as this exemption is in effect, Declarant shall pay on
behalf of or reimburse to the Association all expenses incurred by the Association, in performance of duties
hereunder, in excess of the amount of assessments levied against owners other than Declarant; provided,
however, that in no event shall Declarant be liable for payment of an amount in excess of the amount Declarant
would be obligated to pay for lots owned at the time of the expense, if this exemption from payment of annual
assessment had not been in effect.
I. Effect of Nonpayment of Assessments. If the assessments are not paid on the date when due then such
assessments shall become delinquent and shall, together with such interest thereon and cost of collection
thereof, including reasonable attorney’s fees, as hereinafter provided, thereupon becoming a continuing lien on
the property which shall bind such property in the hands of the then owner, his heirs, devisees, personal
representatives and assigns. The personal obligation of the then owner to pay such assessment, however, shall
remain his personal obligation for the statutory period and shall not pass to his successors in title unless
expressly assumed by them.
If the Assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest
from the date of delinquency at the rate of eighteen (18) percent per annum, and the Association may bring an
action at law against the owner personally obligated to pay the same or to foreclose the lien against the property,
and there shall be added to the amount of such assessment the cost of such action. In the event a judgment is
obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorneys’
fee to be fixed by the Court, together with the costs of the action.
J. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be
absolutely subordinate to lien of any first mortgage now or hereafter placed upon the properties subject to
assessment. This subordination shall not relieve such property from liability for any assessments now or
hereafter due and payable, but the lien thereby created shall be secondary and subordinate to any first mortgage
as if said lien were a second mortgage, irrespective of when such first mortgage was executed and recorded.
ARICLE VII – JOINER BY ASSOCIATION
The Association joins with the Declarant and agrees to accept all of the Association responsibilities, which are
described herein, including, but not limited to maintenance of roads and other common improvements.
ARTICLE IX – GENERAL PROVISIONS
Section 1. Enforcement. The Declarant, Association, or any owner shall have the right to enforce, by
proceedings at law or in equity, these covenants and restrictions, seeking injunctive relief or damages, or both.
Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter. The prevailing party in any such action shall be entitled to recover such costs and attorney’s
fees, including costs and fees upon appeal, as are reasonably incurred in such action. There shall be no liability
for the failure to enforce the terms of this Declaration.
Section 2. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way
affect any other provision of these covenants or any previous covenants and restrictions, all of which shall remain
in full force and effect.
Section 3. Captions. Paragraph titles or captions contained in this Declaration are inserted only as a matter
of convenience and for reference and in no way define, limit, extend or describe the scope of this Declaration or
the intent of any provision hereof.
Section 4. Singular, Plural and Gender. Whenever the singular number is used in this Declaration and when
required by the Context, the same shall include the plural; the masculine gender shall include the feminine and
neuter gender; and the word “person” shall include a corporation, firm, partnership or other form of Association.
Section 5. Additional Covenants or Restrictions. No property owner shall, without the prior written approval of
the Declarant, impose any additional covenants or restrictions on any part of land subject to this Declaration.
Section 6. Notices. Any notice required to be sent to any Member or Owner, under the provisions of this
Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the
person who appears as Member or Owner on the records of the Association at the time of such mailing.
Section 7. Utility Easements. Easements foe installation and maintenance of utilities and drainage facilities,
as shown on the TUSCANY TRACE plats, shall be reserved upon a plat’s recordation in the Official Records of
Wakulla County, Florida. Within these easements, no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of said utilities, or which
may obstruct, retard, or change the direction of the flow of water through the easements. The Easement area of
each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
The Declarant reserves unto himself, his successors and assigns, a perpetual, alienable and releasable
easement and right on, over and under each lot to erect, maintain and use pipes, wires, cables, conduits, boxes,
sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone
equipment, community televisions service, gas, sewer, water drainage facilities, or other public conveniences or
utilities on or over those portions of each lot or the common areas as may be reasonably required for utility
purposes. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make
any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be
exercised by any licensee of Declarant, but this reservation shall not be an obligation of Declarant to provide or
maintain any such utility or service.
Section 8. Duration of Covenants and Restrictions. The covenants and restrictions in this Declaration shall
perpetually run with and bind the land, and shall inure to the benefit of Declarant, Owners, and the Association,
their respective legal representatives, heirs, successors and assigns, unless an instrument signed by the owners
of two-thirds (2/3) of the lots has been recorded, agreeing to change said covenants and restrictions in whole, or
in part.
Section 9. Dedication of Common Area. The Association shall have the right to dedicate, sell, or transfer all
or any port of the Common area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to y the members. No such dedication or transfer shall be effective unless an
instrument signed y the then owners of two-thirds (2/3) of the lots has been recorded, agreeing to such
dedication, sale or transfer.
Section 10. Declarant’s Development Rights. Nothing contained in this Declaration shall be interpreted or
construed to prevent Declarant or their contractors or subcontractors from doing or performing on all or any part
of TUSCANY TRACE actually owned or controlled by Declarant or upon the common areas, whatever they
determine to be reasonable, necessary or advisable in connection with the completion of the development of the
property.
Section 11. Amendment of Covenants and Restrictions.
A. By Declarant. Declarant may waive or grant variance from any of the covenants and restrictions, other
than those regarding payment of assessments, as to any lot, including set back restrictions until two-thirds (2/3/)
of the lots have been sold, if the Declarant, in his sole judgment, determines such variance to be a minor or
insubstantial violation. After two-thirds (2/3) of the lots have been sold, the Committee shall be empowered to
perform such actions.
B. By Owners. This Declaration may be amended by the consent of the then owners of two-thirds (2/3) of all
lots, with the exception of ARTICLES II and III which may not be amended by the Owners. The aforementioned
consent to the owners may be evidenced by an amendment to this Declaration, signed by the required number of
owners. Said amendment to this Declaration must be recorded in the Public Records of Wakulla County, Florida,
changing sad covenants and restrictions in whole, or in part.
C. Scriveners Errors and Immaterial Changes. Scriveners, errors or other immaterial changes may be made
by Declarant alone until two-thirds (2/3) of the lots have been sold and by the Board thereafter and without the
need of consent of the owners.
D. Effective Date of Amendments. Any amendment to this Declaration shall become effective upon
Amendment to the Declaration setting forth the amendment or modification being recorded in the Public Records
of Wakulla County, Florida.
Section 12. Interpretation of Declaration. The Board shall have the right and responsibility to determine all
questions arising in connection with this Declaration and to construe and interpret the provisions of this
Declaration in good faith. All such interpretations shall be binding on the owners.
Section 13. Developer Inaction. The prevailing party in any litigation to require the developer to incorporate
the association or to perform any other action or obligation imposed on the developer pursuant to the restrictive
covenants shall be entitled to recover such costs and attorney’ fees, including costs and fees upon appeal, as are
reasonably incurred in such litigation or other action.
Section 14. Deeding to the Association of private streets or roads, drainage facilities, and other required
common area improvements. The developer shall be required to deed the private streets or roads, drainage
facilities, and other required common area improvements to the Association or other responsible corporate entity
before more than 75 percent of the subdivision lots have been sold or deeded away by the developer.
Section 15. Termination of Responsibility of Declarant. At such times as the Declarant sells, conveys or
otherwise disposes of his interest in and to all of the homes, the Declarant shall be relieved of the performance of
any duty or obligation hereunder.
Section 16. Conflicts. In the case of a conflict between these Covenants and the Laws of Wakulla County,
Florida or the Laws of any other Government body or agency, the covenants shall not apply in regard to the area
of conflict but shall continue to be in full force and effect in all other areas.
IN WITNESS WHEREOF, the undersigned being the President and Vice President of TUSCANY TRACE
HOMEOWNERS’ ASSOCIATION, INC., has thereunto set his hand and official seal this _______ day of
_________________, 20________.
WITNESSES: TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC.
______________________________ __________________________________
MORRIS BROWN, PRESIDENT
(Printed Name__________________)
_______________________________ __________________________________
JOHN TILL, VICE PRESIDENT
(Printed Name___________________
State of Florida, County of Wakulla
The foregoing instrument was acknowledged before me this ________ day of ______________, 20________
by Morris Brown who is personally known to me or who has produced a valid Florida driver’s license as
identification and did (did not) take an oath,
___________________________________
(Printed name_______________________)
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand official this
________ day of ___________________, 200_______.
WITNESSES: TUSCANY TRACE HOMEOWNERS’ ASSOCIATION, INC.
______________________________ __________________________________
John Till, PRESIDENT
(Printed Name__________________)
_______________________________ __________________________________
Morris Brown, VICE PRESIDENT
(Printed Name___________________
State of Florida, County of Wakulla
The foregoing instrument was acknowledged before me this ________ day of ______________, 20________
by Morris Brown who is personally known to me or who has produced a valid Florida driver’s license as
identification and did (did not) take an oath,
___________________________________
(Printed name_______________________)