Covenants, Conditions and Restrictions

These criteria should not be viewed as restrictive encumbrances upon any lot owner, but as a vehicle to maintain a continuity of quality appearance throughout the property and to protect and enhance the value of existing homes.

Information presented on this site is intended to assist Homeowners in complying with the Covenants, Conditions and Restrictions (CCRs) and should in no way be construed as replacing the CCRs. Any discrepancy between the CCRs and this site, the CCRs apply. The Official documents may be found at the following Orange County government site:

Official Recorded CC&Rs
Official recorded document at Orange County Court House.

Click here to see the violation notice and fine schedule, updated July, 2015 and effective as of September, 2015

Click here to download a reference copy of the CCRs. Official document and amendments are only available in Orange County offices.

Click here to see criteria for pools as listed in the CCRs

Click here to download copy of ARB Application

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Homeowners are required to obtain Architectural Review Board approval for any construction, swimming pool, paving, fence, wall, tree removal, painting, roofing, major landscape changes, etc.

If you are uncertain whether you need approval check with your board ahead of time.

Requests must be submitted in writing (use ARB Application). Include the specifications showing the nature, kind, shape, height, materials, square footage, color, location and landscaping.

You may email the ARB form to Heather Peery (eeyorecrzy@embarqmail.com) or hand deliver the form to her (address is in Tuscany directory) or email to the HOA email address (yourtuscanyhoa@gmail.com).

The board will respond in writing within 30 days, but usually takes a minimum of 7 days.

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The Board reviews the homeowner's request determining if it first meets the requirements of the Covenants, Conditions and Restrictions, and the Building Criteria. Then the Board considers how the request harmonizes with the neighborhood and its aesthetics.

Architectural Review Board recommendations are acted upon at the monthly Homeowners Association Board of Directors meeting.

The Board's review does not replace any governmental review or permitting and approval should not be deemed as judgment on the structural integrity, safety, or compliance with building codes.

Click here http://cwgdn.com/pages/building/faqs.php for more information City of Winter Garden permits.

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Roof replacement requires Board approval. All roofs will be dimensional shingle or better. Three tab are expressly prohibited. No bright colors will be acceptable.

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Painting requires board approval, even when repainting the same colors. No garish colors will be acceptable.

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Various types of fences have been approved by the Board; however chain link and stockade are expressly prohibited. Fences shall not exceed 6 feet in height and all posts must be placed inside the fence. Location, material and color must be approved by the Board.

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Screen enclosures require Board approval. Two types of screen rooms are allowed. The first is a screened addition which when completed will look like a part of the original home using similar materials to the original home (shingled roof, block, wood or masonry walls, etc). The second is an entirely screen structure similar to those used to cover pools.

Aluminum screen rooms with un-shingled flat or shed roofs are not allowed.

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It is important that all landscaping is maintained to a suitable standard consistent with other homes within the development (see Yard of the Month homes as examples). At a minimum:

• Lots should maintain a minimum of $2,000 in landscaping, visible from the street, exclusive of sod.
• Lots are to be sodded in its entirety exclusive of the building and landscape areas.
• Lots must have a minimum of 3 trees.
• Sod is to be properly maintained, cut and edged.
• Trees and bushes should be properly trimmed as to not interfere with pedestrians on sidewalks or obstruct the view of vehicles entering or leaving driveways.

Significant changes to landscaping, as well as any tree removal requires Board approval. Tree removal also requires a permit from the City of Winter Garden.  (Tree removal: see s.163.045 F.S. et seq)

Click here http://FloridaGardener.com for information on landscaping tips.

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This is a residential community and parking is restricted to private passenger vehicles. All vehicles must be parked on paved surfaces only and Winter Garden Ordinances prohibit parking of vehicles such that they extend onto the sidewalk. Parking on development streets overnight is prohibited.

Police vehicles are exempt.

No resident shall park any boat or trailer in any driveway, on the street or on any part of a lot.

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Household pets are a part of many of our lives, but we must realize that not everyone in the neighborhood may love pets the way you do. Therefore all domestic pets, including cats, must be kept on a leash and under control of the owner, or be kept within an enclosed area on the respective owner's lot.

Pets are restricted to usual and customary household animals and limited to two (2) of each type of pet, excluding fish. Livestock and poultry are expressly prohibited. Pets may not be raised or bred for business or commercial purposes.

It is the pet owner's responsibility to ensure that their pet's waste is properly disposed of.

All lots and dwellings are to be kept in good condition and repair. It is recommended that landscaping, fences or lattice be used to conceal air conditioning units and garbage receptacles. Sidewalks should be properly cleaned and maintained to be safe for pedestrians.

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All recreational areas and equipment are to be located behind the rear wall of the dwelling.

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City of Winter Garden Ordinance (Chapter 50 Article VI Sec 50-154) restricts the use of motorized scooters ( motor propelled vehicles with or without a seat, designed to travel on no more than 3 wheels, and at speeds up to 30 miles per hr) to persons with a legal drivers license. Scooters can be operated only on public streets, not on sidewalks or in public parks. Drivers must wear a bike helmet, may not carry passengers or tow anything.

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