MANDATORY HOA DISCLOSURE SUMMARY FOR TUSCANY SUBDIVISION AT TAMPA PALMS OWNERS ASSOCIATION, INC.

Transcription

1 MANDATORY HOA DISCLOSURE SUMMARY FOR TUSCANY SUBDIVISION AT TAMPA PALMS OWNERS ASSOCIATION, INC. The following notice is required by Florida Statute : 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF TWO (2) HOMEOWNERS ASSOCIATIONS: THE TAMPA PALMS AREA 3 OWNERS ASSOCIATION, INC. ( MASTER ), AND THE TUSCANY SUBDIVISION AT TAMPA PALMS OWNERS ASSOCIATION, INC. ( TUSCANY ). 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THESE COMMUNITIES. 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATIONS. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. THE CURRENT AMOUNT FOR THE MASTER ASSOCIATION IS $0.00 ANNUALLY, AS NO ASSESSMENT HAS BEEN LEVIED. THE CURRENT AMOUNT FOR THE TUSCANY ASSOCIATION IS $ ANNUALLY. ASSESSMENTS ARE PAYABLE AT $ MONTHLY. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATIONS. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. CURRENTLY, THERE ARE NO SPECIAL ASSESSMENTS. 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE 5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. 6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS ASSOCIATIONS. CURRENTLY, THERE ARE NO SUCH FEES. 7. IF THE ASSOCIATION IS STILL UNDER THE CONTROL OF THE DEVELOPER, THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. 1

2 8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATIONS GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. 9. THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR IF NOT RECORDED CAN BE OBTAINED FROM THE DEVELOPERS. 10. THERE MAY BE AN OBLIGATION TO PAY ASSESSMENTS (TAXES OR FEES) TO A RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICT FOR THE PURPOSE OF RETIRING BOND OBLIGATIONS USED TO CONSTRUCT INFRASTRUCTURE AND OTHER IMPROVEMENTS. THE CURRENT ASSESSMENT FOR THE TPOST-CDD FOR 2010/2011 IS $ ANNUALLY. 11. YOU ARE JOINTLY AND SEVERALLY LIABLE WITH THE PREVIOUS OWNER OF THE PROPERTY FOR ALL UNPAID ASSESSMENTS THAT CAME DUE UP TO THE TIME OF TRANSFER OF TITLE. 10/19/10 2

3 COMMUNITY DISCLOSURE SUMMARY FOR TUSCANY SUBDIVISION AT TAMPA PALMS OWNERS ASSOCIATION, INC. 1. Amenities. The TPOST CDD is not associated with the neighboring Tampa Palms CDD or the privately owned Tampa Palms Country Club; however, membership in the Country Club is available to Tuscany owners. Please contact (813) for additional information. There will be no amenities located within the Tuscany subdivision. 2. Cable TV. The community will be pre-wired for cable TV, and subscription to service will be the responsibility of each individual homeowner. Cable is NOT bulk or included in the HOA assessments. 3. Closing Costs. A $ capital contribution to the Tuscany HOA will be charged at closing. This is a one-time contribution made by all purchasers and is in addition to, and not in lieu of, the monthly assessment. It shall be applied to the working capital of the Association and used to cover operating and other expenses as outlined in the Association governing documents. Should purchaser elect to use an outside lender, estoppel & PUD fees can range from $75 to $150 each for the Tuscany Association. 4. Drainage/Utility Easements. No permanent improvements may be installed within any drainage or utility easements on the property, and the erection of a fence, screen room, patio, etc. by any Owner may be restricted on specific lots. Additionally, a Duratek wall may be installed along the rear of some lots within the utility easement (see paragraph 8, fencing for additional information). Some side and rear lot setbacks are designed to contain drainage conveyance swales. No Lot shall place fill or other improvements in these swales that will divert or impede runoff, causing runoff to reach the adjacent Lot, or prevent runoff from reaching its intended location. No structure, trees or bushes or other material or plantings shall be placed or permitted to remain within a utility easement which may damage or interfere with the installation or maintenance of utilities, or which may impede the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot. All lots have a 10 foot utility easement in the front yard. According to the recorded plat, the affected lots are as follows: Side Yard Drainage/Utility Easements: Lots 1, 5, 9, 12, 13, 53, 54, 85, 86, 97, 98, 106, 107, 109, 110, 116, 117, 183, 184 Rear Yard Drainage/Utility Easements: Lots 7-9, 18-68, Purchasers of above lots initial here: 5. Drainage Structure Maintenance. The HOA shall maintain, as part of the common elements, all drainage structures, the surface water management system, and any mitigation areas for wetlands that are contained inside the gated entry. The CDD shall maintain the ponds 1

4 accessible from Tampa Palms Boulevard. All Owners shall be responsible for maintaining designed flow paths for side and rear drainage as shown on the permitted plans. If the constructed flow path is disturbed or modified, the Association has the authority to enter the Lot, reconstruct the intended flow pattern, and assess the property owner for said expense or any damages incurred therefrom. No Owner of property within Tampa Palms may construct or maintain any building, residence, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas, buffer areas, conservation areas, drainage easements or 100- year flood plain described in the approved permit and recorded plat of the subdivision, unless prior approval is received from the Department of Environmental Protection. 6. Exterior Alterations. Any EXTERIOR changes to any Lot must be approved IN ADVANCE by the Modifications Committee. Exterior changes may be defined as, but not limited to, painting of building, trim or doors; installation of pavers or decorative concrete; erection of a fence, basketball goal, dog house, signage, landscaping, satellite dish, gutters, downspouts, lighting fixtures, swimming pool/spa/screen enclosure, fountains, etc. Many items are PROHIBITED within the community, such as window A/C units, Pit Bull Terrier, Doberman and Rottweiler dogs, clotheslines, garage sales, additional landscaping, tiki torches, open houses, ornamental displays, play structures, above-ground pools, storage tanks, and tents/trailers/utility sheds. Purchaser hereby acknowledges receipt of the HOA Documents and the Summary of Deed Restrictions. 7. Failure to Maintain & Self Help. The Association may order repairs, replacement or maintenance required on any lot in the event the Board of Directors determines that (a) any Owner has failed or refused to discharge properly his obligations with regard to the maintenance, repair, or replacement of items for which he is responsible under the Declaration; or (b) the need for maintenance, repair or replacement which is the responsibility of the Association was caused through the willful or negligent act of an Owner, his or her family, guests, lessees, or invitees, and is not covered or paid for by insurance. Please see Article IV, Section 3 of the Declaration. The Association may also enter upon a Unit to abate or remove any structure, thing or condition which violates the HOA Documents. Please see Article XII, Section 2 of the Declaration for more information. 8. Fencing. As the Association is responsible for maintaining all landscaping, the installation of fencing within the community shall be prohibited on all lots, with the exception of the rear of lots 5, 6, 7, 106 and 107, which are open and easily accessible by pedestrians from the right-of-way on Tampa Palms Boulevard. Fencing will not be allowed on the side or front of these lots, as the HOA must have access to mow the side and rear yard. The fencing on these lots shall be of black aluminum or wrought iron. Purchasers of all lots initial here: 9. Flood Zone. Although all homes are located within flood zone X, and flood insurance is not required, it is recommended that each purchaser give consideration to this optional coverage. 10. Gates. Tuscany Subdivision is intended to be a roadway gated subdivision, and the entire community is not secured by a fence and will have open pedestrian access. Neither the Association 2

5 nor the Developer/Builder shall be considered insurers or guarantors of security within Tampa Palms on account of providing or not providing gated access to the community, and neither the Developer/Builder nor the Association shall be held liable for any loss or damage by reason of providing or not providing gated access to the community. 11. Landscape/Irrigation. The HOA shall be responsible for maintaining all areas within the gated boundary of Tuscany Subdivision, and all such common areas shall be irrigated by a well, and individual lots by potable water, with a meter and controller installed on the exterior of the home. NO OWNER SHALL BE ALLOWED TO INSTALL ADDITIONAL LANDSCAPING ON THEIR LOT, NOR INTERFERE WITH THE METER OR CONTROLLER. However, any plants/landscaping installed within a screened rear patio shall be maintained by the Owner. Notwithstanding the foregoing, owners will be allowed to install flowering annuals ONLY within an existing landscape bed (mulched area). However, said annuals must be maintained by the owner. Services provided shall include mowing, edging, elimination of cuttings (blowing), trimming of shrubs and trees, fertilizing, sod pest control, remulching, replacement of dead landscape and repair of the irrigation system. Please note that any turf or plant damage due to homeowner negligence shall not be the responsibility of the Association. 12. Property Taxes. Purchasers should not rely on the Builder s current property taxes as the amount of property taxes that the Purchaser may be obligated to pay in the year subsequent to purchase. A change of ownership or property improvements triggers reassessments of the property that could result in higher property taxes. If you have questions concerning valuation, contact the Hillsborough County Property Appraisers Office for information. 13. Reclaimed Water. At this time reclaimed water is not available within the Tuscany community. Should reclaimed water become available in the future, the cost of hooking up to the system shall be purchaser s responsibility. Water and sewer shall be provided by the City of Tampa. 14. Sink Holes. Tampa Palms is in a county that may be subject to sink holes, and Builder expressly disclaims any representation or warranty to any Purchaser as to whether a sink hole may affect any of the Lots. 15. Silt Fencing. The Builder must erect silt fencing during construction activity and is subject to fining if said fencing is removed or destroyed. No Owner shall remove any silt fencing without the prior approval of the HOA. 16. Surrounding Property. Immediately to the north and west of Tuscany Subdivision are wetland areas maintained by the CDD; immediately to the east and south of Tuscany are other subdivisions within the Tampa Palms Master Planned Community, such as Emerald Point, Chelsea, Wyndham, Enclave. 17. Trees. Any trees planted in the right-of-way by the Developer have been planted in compliance with applicable City of Tampa zoning ordinances and no Purchaser may remove any such tree from the right-of-way. The City of Tampa also controls the number of trees to be installed 3

6 on each lot, which can vary between 2 and 6 trees. Therefore, not all lots will contain the same number or type of trees. 18. Utilities: Electric, Gas, Telephone, Water/Sewer/Trash. Each owner shall establish their own individual accounts for electric with TECO, for telephone with Verizon or Bright House, and for Water/Sewer and Trash Collection with the City of Tampa. Note natural gas is not available within Tuscany, as Peoples Gas has not extended service to Tampa Palms Area Waterbodies & Wetland Conservation Areas. It is the Lot Owner s responsibility not to remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot Owners should address any question regarding authorized activities within the wet detention pond to SWFWMD. Existing and mature native shrubs in any conservation buffer zone associated with a wetland and landward of any body of water shall be maintained by the Owner. Any removal or trimming of such vegetation is subject to the prior approval of SWFWMD. Dumping of trash, garbage, toxic or hazardous materials or wastes, trimmings, clippings or other materials from the Conservation Areas shall be prohibited. All offroad recreational vehicles and equipment (except for HOA maintenance vehicles) are restricted from the Conservation/Wetland Areas. Homesites adjacent to waterbodies include the following: Tract B Pond: Lots Tract C Pond: Lots and Flood Plain Mitigation 1: Lots 1 4 Flood Plain Mitigation 2: Lots Flood Plain Mitigation 3: Lots Flood Plain Mitigation 4: Lots Purchasers of above lots initial here: Homesites adjacent to wetland conservation areas include the following: Contain Rear wetland setback: Lots 1 4, 13 17, 69 71, , , , and Contain Side wetland setback: Lots 1, 4 and 5 Purchasers of above lots initial here: 20. RECEIPT ACKNOWLEDGEMENT: I/we hereby acknowledge receipt of the following documents: (1) The Declaration of Covenants, Conditions & Restrictions for Tampa Palms Area 3 Homeowners Association, which includes the Articles and By-Laws; 4

7 (2) The Declaration of Covenants, Conditions, Restrictions and Easements for Tuscany Subdivision at Tampa Palms Owners Association, Inc., which includes the Articles and By-Laws; (3) A summary of Deed Restrictions; (4) An Assessment Rate Summary sheet; (5) The proposed operating budget of the Tuscany Association (6) A proposed preliminary site plan that is subject to change at any time. I/we also understand that fees disclosed on the assessment rate summary sheet are subject to change at the discretion of the Board of Directors and purchaser authorizes the Board and Officers of the HOA to enter into such concession, service, lease and utility agreements as the Board and Officers deem advisable, and purchaser ratifies and approves same and agrees to be bound by the terms and conditions thereof. The initial annual assessment is projected and is not based on historical operating figures. Therefore, it is possible that actual assessments may be less than or greater than projected. I/we have read the above information and agree to abide by the Covenants, Rules and Regulations of the Association. THE TAMPA PALMS OPEN SPACE AND TRANSPORTATION COMMUNITY DEVELOPMENT DISTRICT IMPOSES TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY THROUGH A SPECIAL TAXING DISTRICT. THESE TAXES AND ASSESSMETNS PAY THE CONSTRUCTION, OPERATION AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMETNS ARE IN ADDITION TO COUNTY AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. 11/10/10 5