Arbor Lake, Boca West: sale approval, entity limits and two sets of transfer rules

An Arbor Lake sale needs the association's approval, the master's Certificate of Compliance and the Country Club's approval of the buyer. Arbor Lake has approved sales since 1979, when no owner could sell "without approval of the Association except to another Unit owner" (Art. XVI.A(1), OR 3197/1210). The 2004 restatement made every sale, lease, gift and inheritance subject to approval, and a transfer without it "shall be void" (§ 17.1, OR 17575/1935, p. 31).

The members added a second set of sale rules on 2 November 2024, recorded 3 January 2025 (OR 35472/1158):

• The application. The owner applies in writing at least 30 days before the transfer, with the contract, each buyer's photo identification and whatever else the association asks for. The fee is $150 an applicant unless the Board sets another (pp. 2–3).
• The certificate. The association issues a Certificate of Approval, "which must be recorded as an exhibit to the deed". A transfer without one is "null and void", and the association may sue to cancel the deed (pp. 3–4).
• The deadline. If the association neither approves nor denies within 30 days of a complete application, the transfer is deemed approved.
• Grounds to refuse. A credit score below 650, a conviction for making or selling controlled substances, other criminal history the Board finds a risk, past rule-breaking, violations on the unit, or a delinquent seller (pp. 3–4). The association may approve on condition that violations are cured and the seller's balance is paid by the transfer; if not, it may revoke the approval.
• What is exempt. Transfers on death, foreclosure and tax-deed sales, a deed in lieu to an institutional lender, an owner's transfer to their own trust and back, and transfers to a spouse, parent or child (p. 2). Even then, no one may occupy the unit without approval.

The 2004 rules remain in the text beside these. They give the association 30 days from the last item and require a substitute buyer if it refuses without good cause. Good cause includes a buyer who will not pay 20% of the price in cash (§ 17.3, pp. 32–33).

Since 2004, no "corporation, partnership or other entity of any kind" may take an interest, except trusts formed for estate or financial planning. "Title to a Unit may not be held in the name of more than two (2) natural persons" (§ 16.8, OR 17575/1935, pp. 30–31). In 1979 a corporation could own a unit if the association approved its Primary Occupant (Art. XVI.B(3), OR 3197/1210).

The 2025 amendment adds that no one may hold more than two units, counting interests held through an entity or trust (OR 35472/1158, p. 4). It allows an entity that owned a unit when the amendment was recorded to keep it, an entity that buys at a foreclosure or tax-deed auction, and an estate-planning trust with natural-person trustees (pp. 4–5). The 2004 ban has no such grandfather clause, so an entity owner's resale or refinance is a point for underwriting.

Arbor Lake charges no capital or working capital contribution. The buyer pays the application fee, the master's capital contribution and the Club's Joining Fee, and any balance on the estoppel. A buyer is jointly and severally liable with the seller for unpaid assessments, and must pay them within 30 days after the transfer (§ 12.1, OR 17575/1935, p. 16).

Not for 12 months after "a full or partial transfer of ownership", by sale, gift, foreclosure, inheritance or any other means (§ 11, OR 35472/1158, p. 9). Adding or replacing anyone on title starts the 12 months again. After that:

• Approval. Every lease, renewal and extension needs written approval. The owner applies at least 30 days ahead, and the fee is $50 an applicant. Silence for 30 days after a complete application is approval (pp. 5–7).
• Term and number. At least 4 months, and once in a calendar year (p. 6). The 2004 text, still recorded, adds a 12-month maximum and counts once in 12 months from the last lease's start (§ 16.5, OR 17575/1935, p. 28).
• A sale with a tenant in place. An approved lease may run to its original end date but may not be renewed or extended. The buyer's 12 months start when it ends (p. 10).
• Tenants. A tenant may be refused below a 650 credit score or for a past eviction (p. 8). Tenants may not keep pets (OR 35472/1207, p. 2).

In 1979 there were "no restrictions on the leasing of Units" (Art. XV.E, OR 3197/1210). A condominium amendment banning rentals, changing the rental term or limiting how often owners may rent binds only owners who consent to it and those who take title after it (§ 718.110(13)). Every buyer since 3 January 2025 therefore takes the 2025 limits in full. The master's leasing rules apply on top.

• The 2025 sale and leasing amendment says it "Replaces Declaration Article 10 in its entirety" (OR 35472/1158, p. 2). Article 10 of the restatement is the association's powers and duties, not transfers. A companion amendment leaves §§ 16.1–16.8 unchanged (OR 35472/1193, p. 2), and nothing deletes § 17. Which text governs where they differ is a question for underwriting.
• Its cross-references (to "10.1.6.7", "10.1.9" and "10.1.5.2") point to sections that do not exist (pp. 4–5). We note them on the file.
• We search the Clerk's index under "Hammocks II", "Arbor Lake" and "Arbor Lakes", because the instruments and legal descriptions use all three.
• The 1979 declaration created 46 apartments and "a housekeeping service area unit" (Art. IV, OR 3197/1210). That explains DBPR's count of 47 against 46 homes on the Property Appraiser's roll.
• The lien relates back to the earliest date the law allows, but against an institutional first mortgagee only to a recorded claim of lien (§ 12.2, OR 17575/1935, p. 17).
• Since 2006 the association maintains the front entry doors as a common expense; owners pay for locks and any hurricane shutters they install (§ 7.1, OR 20681/900).
• In 2019 Akoya's developer granted this association a golf-cart parking easement over a 12.33 by 12.91 foot parcel. The association must maintain it and insure it (OR 30481/1257).
• The buildings have two stories, so the three-story milestone rule in Fla. Stat. § 553.899 does not reach them. The resale documents are still due.