Tuscany at Heron Bay: 165 Coral Springs townhouses and zero-lot-line homes

• Townhouse Sites: the association maintains, repairs, replaces and insures each building's "Shared Roofing", the entire roof with its structure, though it is not Common Area. Townhouse owners share the cost equally (Art. VIII § 1.C, pp. 28–29). The association also handles landscaping, irrigation and drainage outside the Units.
• Zero-lot-line Sites: the association mows the front, rear and side yards, and owners keep up their own landscaping and irrigation (§ 1.B, Second Amendment, Instr 101178530, p. 2).
• Every Site: the association maintains, repairs and replaces the exterior walls, with townhouse and Single Family owners each paying for their own group's (§ 1.E). Section 2 leaves the Site, structures, driveway and sidewalks to the owner (p. 29). Page 8 of the 2020 amendment requires a letter from a professional irrigation company before any work over a Tuscany irrigation system.

Each owner keeps up his own face of a party wall. If a casualty no one owner caused damages it, the two neighbors rebuild it within 30 days at joint expense, with a "qualified licensed and insured contractor". The association may step in for a defaulting neighbor and lien him. Whatever the casualty, the owner must rebuild the Unit to the original plans, or the association may specially assess, rebuild and lien it (§§ 3.B, 4 as amended, Instr 116284268, pp. 14–15).

Tuscany's estoppel, the association's statement of what the seller owes on its own assessments and lien (Art. IX §§ 1–4, pp. 31–35), is ordered alongside the master's.

Article IX § 8 charges $100 "Upon acquisition of record title to a Site". The 2020 amendment struck the words "from Developer" that followed. Its last sentence still reads "Capital Contributions shall only be paid once for each Site in the Property at the time of conveyance of title by Developer" (p. 16). Whether a resale pays it is for the association to state on its estoppel, and for underwriting if disputed.

Heron Bay's Capital Payment falls on the buyer as well. A townhouse sale needs the association's certificate of insurance on the roofs.

Under Article XVIII § 2, a Tuscany lease must be written, must bind the tenant to the association's documents, and must last "for a term no less than six (6) months". During the term the owner surrenders use of the Common Areas.

The 2020 amendments left Article XVIII alone, striking Article V's duplicate six-month sentence and the Developer's exceptions for its own leasing, with no cap, waiting period or approval added (pp. 5–6). They predate the 1 July 2021 date Chapter 720 sets for rental amendments, and the master's one lease in any 12 months applies on top.

• Article V §§ 2.G–H, on pages 16–17, keeps trucks, boats, trailers, campers, motorcycles and commercial vehicles in a garage, and bars turning a garage into living space.
• The parking rules in Exhibit D add "No street parking is allowed" (p. 88). A commercial vehicle may stay up to four hours a day unless it is working on a home, and never overnight outside a garage. Florida law now limits these rules and the garage rule for trucks.
• The master's Architectural Review Committee (ARC) rules on exterior changes, or a Tuscany Modifications Committee does if the ARC delegates to one (Art. XII § 1, p. 44).
• Under page 7 of the 2020 amendment, permanent hurricane shutters need the ARC's or the Modifications Committee's consent, though the Board may not deny ones that meet its hurricane specifications.
• For Sale signs follow the master declaration's § 3.13, which bars them, whatever Article V § 2.N says about posting them "in a standard manner" the Board sets (p. 18, restated in 2020 on p. 7).
• Apart from leasing, no Site may be used for any trade, business, professional or commercial purpose, under Article V § 2.B on page 15 as amended in 2020 on pages 5–6.

Exhibit A describes 33.8739 acres of Heron Bay One, Two and Four, including "all of Parcels G and H" of Heron Bay Four (pp. 61–62). Sites are not platted lots. They pass by metes-and-bounds deed, which traces each Site's boundary by survey lines, under a City of Coral Springs exemption from platting (Art. I ¶¶ 11, 40, pp. 6, 9). The Property Appraiser places every Site and tract in Parcel A of Heron Bay South (Plat Book 167, Page 44), a plat of the same land, about 33.8 acres.

The Heron Bay Four plat dedicates Parcel H "to the public for drainage and maintenance purposes" (Plat Book 160, Page 1, sheet 1). The Property Appraiser shows Heron Bay South's public drainage areas and canal as separate parcels with no Site. Whether a Site lies in Parcel H, or the declaration merely covers a public drainage parcel, is a survey question.

Former Parcels G and H lie on the Heron Bay Four plat, which the County's 1995 Educational Impact Lien Agreement with WCI liens (OR 24291/831, Instr 95564740). Yet its table allocates Heron Bay Four's school impact fees to Parcels B to F only, and names neither G nor H (¶ 2(a), p. 2). No County satisfaction or release for G or H has turned up. The County's index also links a 2018 partial release (Instr 115109858) to an instrument at OR 29918/1788, two pages after the Heron Bay South plat's first recording at OR 29918/1786, which may be a school agreement of its own; we have not read it. Unless the title search on a Site there settles the point, we refer it to underwriting before we insure.

Tuscany's lien, on WCI's later form, secures assessments, fines, interest, costs and attorneys' fees, with a late charge of up to $25.00. It is "effective from and after the time of recordation … of this Declaration", behind only taxes and Institutional Mortgagees (Art. IX §§ 1, 9, pp. 31, 36; Art. X §§ 1–3, pp. 37–38). Article X § 1 makes a buyer jointly and severally liable for what the seller owes, which the estoppel shows. An Institutional Mortgagee, or anyone else taking title under its mortgage, is not liable for assessments that came due before it took title (Art. IX § 14, p. 37). Underwriting weighs these clauses against Chapter 720's rule. Article X § 3, the remedies clause, has a blank where a number of days belongs.

The owners' 2020 amendments, adopted 23 October 2019, removed the Developer's rights, consents and power to amend, and set up one voting class and a five-member board. Amending the declaration now takes "a majority of the total votes", down from two-thirds (Art. XVII § 1(B) as amended, Instr 116284268, p. 21; Instr 116284256, pp. 2–3). An Institutional Mortgagee that a change materially and adversely affects must also consent.

The Developer's First Amendment rewrote the owners' access easement over adjoining Single Family Sites, and moved the driveway easement from Single Family to Townhouse Sites (Instr 100524805, pp. 1–2). The 2020 amendment reprints both in their original 2000 wording, with nothing marked as a change (pp. 11–12). Where either matters to a Site, underwriting judges whether the owners meant to restore it.

The master left this declaration out of its 2024 preservation notice, and our search through 20 October 2026 found none of Tuscany's own. The owners' 2020 amendment may still preserve it, depending on its indexing and citations. That matters from 17 August 2030, the first date Florida's Marketable Record Title Act (MRTA), which can cut off old covenants after 30 years unless they are preserved, could reach a Tuscany Site.

We read the common-land deeds of 2006 to 2018 below in the County's records in October 2026. None cites the Tuscany declaration.