Fairway Point II, Boca West: no leasing since 2005, 30-day sale approval and assigned parking

Not by anyone who took title after 7 July 2005. That day the association recorded an amendment, adopted by at least two-thirds of the owners, that adds § 19.4: "No Owner may lease their Dwelling Unit" (OR 18871/37, p. 1). It also struck "and leasing" from the opening of Article 19. The signature line reads 2003, but the acknowledgment is dated May 2005. We treat the recording date as the effective date.

Before then § 17.1 allowed a lease of at least six months, no more than once in 12 months (OR 8418/354, p. 19). The amendment left that sentence in place. 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)). So an owner since before 7 July 2005 who did not consent may lease under § 17.1 until conveying. A buyer today may not lease at all.

One tension for underwriting: § 19.3 lets an institutional mortgagee that takes title by foreclosure, or whoever buys at its foreclosure sale, "sell, lease, mortgage or otherwise transfer" the unit freely (p. 24). The ban says no owner may lease. Which governs a bank-owned unit is open. The master's leasing rules apply on top.

Fairway Point II's association must approve, and so must the master through its Certificate of Compliance; the Country Club approves the buyer too. No owner may sell or transfer, except to a spouse, child or parent, without approval (§ 19.1, p. 23):

• Transfer Notice. The seller sends the association, by certified mail or hand delivery, the buyer's name and address, the terms and its forms. The notice is a warranty that the offer is bona fide.
• Thirty days. The association either approves, in recordable form signed by two officers, or furnishes a substitute buyer on terms as favorable. The seller is then bound to sell to that buyer, who has at least 30 days to close.
• Restricted Transfer Notice. A seller who will sell only to the named buyer says so in the notice. The association must then approve or deny within 30 days, and a denial stops the sale until a new buyer is approved.
• Silence. If the association does none of these within 30 days, the sale is approved and it must deliver a recordable approval. We record it with the deed.

A gift, devise or inheritance outside close family needs approval within 30 days of an Acquisition Notice. If the association refuses, it must produce a buyer at appraised value, for cash, closing within 30 days, or approve by default (§ 19.2, p. 24). An institutional mortgagee taking title by foreclosure or deed in lieu, and the buyer at its foreclosure sale, need no approval (§ 19.3).

The covered parking space. Its use is assigned by a written Assignment of Use, entered on a List the association keeps (Art. 18, pp. 22–23). On a sale the buyer shows title to the association, which issues a new Assignment in the buyer's name signed by two officers. Owners may move spaces between units by written assignment, but not a space under a first mortgage without the lender's consent. Every unit keeps at least one space.

The Annual Assessment folds together the condominium's common expenses, the master's assessment and the Common Facilities expenses, payable quarterly in advance. The association may require a deposit of up to a quarter's Annual Assessment (p. 28). We found no capital contribution in the declaration. Fairway Point II buyers owe the master's capital contribution and the Club's Joining Fee.

The master bills Fairway Point II $224,351 for 2026/2027, down 1.27% (master's adopted 2026/2027 budget, not recorded). The master's per-unit charges are billed separately. Fairway Point II's own assessment comes from its estoppel.

Building 2 was built in 1994 and Building 3 in 1995, so they reached 30 in 2024 and 2025. A building of three or more habitable stories needs a milestone inspection by 31 December of the year it turns 30 (Fla. Stat. § 553.899(3)). The buyer is entitled to its summary and the reserve study (the resale documents).

An association under the Fairway Point Common Facilities Agreement that administers the "Common Facilities". "All Owners are members of the Common Facilities Association", and owners must pay its expenses (§ 11.6, p. 10; Articles ¶ K, p. 69). This association collects them with its own assessments (§ 4.9, p. 2). The Agreement and the master declaration are "superior to this Declaration" (§ 31.9, p. 38). We did not find the Agreement's book and page, so we ask the estoppel to show the Common Facilities share.

• Building 3 has no Property Appraiser folio for Unit 381, and the master bills 59 units, not 60. We check the Phase Two survey (OR 8911/1116) on any Building 3 file.
• Pets need the Board's written permission, and a shutter needs consent "which consent may be unreasonably withheld" (§§ 17.4, 17.13). Since 2015 the association's contractor services every unit's air conditioner as a common expense, but repairs stay the owner's (OR 27431/729).