Clubside, Boca West: 15-day sale approval, a members' first right to buy, and two leases a year

Three approvals: Clubside's own, the master's Certificate of Compliance and the Country Club's acceptance of the buyer. Clubside's procedure is in Article 18.A of the declaration (OR 5392/1357, pp. 21–22), unchanged since 1987.

• Notice. The seller tells the Board in writing who the buyer is and supplies what the Board asks for. The Board approves or disapproves within 15 days, and "failure to act … shall be considered approval of the sale".
• After a refusal. A seller who still wants to sell gives the Secretary 30 days' notice of the date, price and terms. Any member may take the sale on those terms by accepting at least 15 days ahead and depositing 10%.
• The association's turn. If no member steps in, the association must approve or furnish a buyer who deposits 10% at least 10 days before the date. Otherwise the seller may close on the noticed day, price and terms only.
• Redemption. A sale made without following the procedure can be redeemed by any member who reimburses the buyer. That right ends 120 days after the date of the seller's notice to the Board, as the Secretary's affidavit states it (p. 22).
• Evidence. A Secretary's affidavit of approval is "conclusive evidence", and any approval is "evidenced by a certificate duly executed by a majority of the Board of Directors" (pp. 22, 24). We record it with the deed.
• Void without it. "Any sale, mortgage or lease not authorized pursuant to the terms of this Declaration shall be void unless subsequently approved" (Art. 18.F, p. 24).

Transfers to a spouse, child or parent, between co-tenants, between a trustee and beneficiary, and to a corporation in which the owner is a principal shareholder are exempt (p. 24). An institutional lender taking title by foreclosure or deed in lieu, and its resale, are exempt too. A judicial sale stands only if the buyer is approved in recordable form or the sale was public, with open bidding.

An estate sale has its own rule. A surviving spouse, or family who lived with the owner, may stay and succeed to the unit. Any other heir or devisee needs the Board's consent within 30 days. If the Board refuses, members have the next 30 days to buy at a price set by a court-appointed appraiser (Art. 18.D, p. 23).

No owner may mortgage a unit "except to an Institutional Mortgagee or purchase money mortgagee or to the Developer" without the association's approval. For any other lender, approval "may be arbitrarily withheld" (Art. 18.E, p. 24). Financing of the purchase price, including seller financing, falls within the purchase-money exception. The declaration's Institutional Mortgagee covers banks, mortgage companies and similar lenders, plus any lender the association approves (p. 6). A later loan from a private lender or a relative therefore needs the association's approval before it is recorded.

With the Board's approval, which "shall not be unreasonably withheld" (Art. 18.B, pp. 22–23). No lease may run less than a month without consent, no transient use is allowed, and "No Unit may be leased more than twice in any one calendar year". Before leasing, the owner must offer the association the lease on the same terms. It has 15 days to take it, for itself or for someone it approves.

These limits are in the original declaration, so they bind every owner. An entity tenant or buyer may be approved on condition that the Board approves every occupant (Art. 18.C). The master's leasing rules apply on top, including its bar on leasing in the first 12 months.

No capital or working-capital contribution appears in the declaration pages or amendments we read. At closing a Clubside buyer still owes the master's capital contribution and the Club's Joining Fee. "In a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments" (Art. 13.A, p. 16), so the estoppel figures are paid at closing. The association may also collect the master's assessments if asked to.

The master bills Clubside $250,539 for 2026/2027, up 10.60% (master's adopted 2026/2027 budget, not recorded). The master's per-unit charges come on top of that figure. Clubside's own assessment comes from its estoppel.

• In 2013 the owners made alarm and security services a common expense. They include in-house communications, security, burglar, fire and carbon monoxide systems the Board chooses. The association may sign a bulk agreement, and "All unit owners shall be required to install the system included in such bulk agreement" (OR 26226/697, p. 2).
• In 2021 they let the Board alone approve an owner's generator, or a rear patio up to 25 feet by 10, on the common elements (OR 32715/404, p. 3). Unapproved work may be removed at the cost of the owner who installed it or a successor, secured by a lien (p. 3).
• The same amendment makes upkeep run with the unit. Maintaining an owner-installed improvement "shall be the obligation of any subsequent owner … irrespective of how that unit owner acquires title" (p. 4). The association may require a recorded covenant and indemnity.

• Units 23 and 24 are one parcel on the Property Appraiser's roll ("Clubside Cond Units 23 & 24"). We describe both units in the deed.
• Tract L, at 21162 Clubside Drive B, belongs to the master, not the association (Property Appraiser).
• A unit with an owner-installed patio or generator may carry a recorded covenant under the 2021 amendment. We search the unit's chain for one and read it.
• Only the declaration's first 45 of 225 pages, and two pages of one phase amendment, were read for this page. The unit's share comes from the phase amendment that added its building.