Lakewood Midrise, Boca West: four condominiums, one association, sale approval and a six-month lease minimum

The legal description says: "Lakewood Mid-Rise Cond I Unit 311", for example. The Clerk indexes IV's declaration as "Lakewood Mid Rise Condominium 5", though the instrument is titled IV.

I owns two-thirds of the pool parcel, the "Recreation Land", and II owns the other third (Art. VIII, OR 2512/239, p. 7; OR 2797/550, p. 1).

The association's approval, the master's Certificate of Compliance and the Club's approval of the buyer. The same Article XVII appears in each declaration. "No unit owner may dispose of a Unit or any interest therein by sale without approval of the Association except to another Unit owner" (Art. XVII.A(1), OR 2512/239, p. 16).

• The seller applies by giving notice with the buyer's name and address, and may demand that the association find a buyer if it refuses this one (Art. XVII.B(1), p. 17).
• Twenty days. The association "must either approve or disapprove" within 20 days of the notice and information. The approval is a certificate "in recordable form", delivered to the buyer and recorded (Art. XVII.B(2), p. 17).
• A refusal on demand must come with an agreement to buy at the contract price, in cash, closing in 30 days. Otherwise the sale is "deemed to have been approved" (Art. XVII.C(1), p. 18).
• Corporations and trusts. Approval depends on approval of the "Primary Occupant" (Art. XVII.B(3), p. 18).
• Void otherwise. "Any sale, mortgage or lease which is not authorized pursuant to the terms of this Declaration shall be void unless subsequently approved by the Association" (Art. XVII.F, p. 19).

A mortgage to anyone but an "Institutional Lender" (a bank, life insurer, savings and loan association or real estate investment trust) needs approval, which "may be arbitrarily withheld" (Art. XVII.D, p. 19). Institutional lenders that foreclose, their buyers, and buyers at public sales are exempt (Art. XVII.E).

Each declaration let whole units be leased "after approval by the Association", and set no term (Art. XVI.E, OR 2512/239, p. 16). In 2002 the owners of I, III and IV added: "No unit may be leased for a period of less than six (6) months" (OR 13788/460). The certificate strikes out "ninety (90) days", so an earlier amendment had set 90 days. We have not found it.

The 2002 amendment does not cover II (OR 2797/550). There every lease still needs approval, and the master's four-month minimum is the shortest term.

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 (Fla. Stat. § 718.110(13)). Anyone who has bought in I, III or IV since 10 June 2002 is bound by the six-month minimum either way. The master also bars any lease in the first 12 months of ownership.

Arvida recorded the Village declaration one minute before Midrise I's, on 27 February 1976. It covers the whole Lakewood plat, and every record owner of a residential unit there is a member (Art. IV § 1, OR 2512/220, p. 2). Its assessments are a continuing lien on the unit and the owner's personal obligation (Art. V § 1, pp. 2–3).

II, III and IV name the Village declaration as "Official Records Book 2512, at Page 220", and let the association collect and remit its assessments (Art. XVIII.F; OR 2797/550, p. 24; OR 2845/170, p. 28; OR 3099/751, p. 28). Midrise I's clause leaves the book and page blank (Art. XIX.F, OR 2512/239, p. 21). The Village is not on the master's roll (master's adopted 2026/2027 budget, not recorded; see the master page).

None of the four declarations charges a capital contribution or transfer fee. The buyer pays the master's capital contribution and the Club's Joining Fee.

The master's roll carries the four condominiums separately: $255,176 in all for 2026/2027, up from $223,172 (master's adopted 2026/2027 budget, not recorded). The master's per-unit charges are on top, and the association's estoppel shows how it spreads them.

"In any voluntary conveyance of a Unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments" (Art. XIX, OR 2512/239, p. 23).

All eight buildings have eight stories (OR 2512/239, p. 4; OR 2797/550, p. 2; floors "2 through 8" in III and IV) and are more than 30 years old. A building of three or more habitable stories needs a milestone inspection by 31 December of the year it turns 30, then every 10 years (Fla. Stat. § 553.899(3)). Every Lakewood Midrise building is due one, and the buyer gets the summaries with the resale documents.

III and IV require wall-to-wall carpet on floors 2 through 8. III allows ceramic tile in kitchens, bathrooms and foyers. IV exempts those rooms from carpet but allows ceramic tile only in bath areas (Art. XVI.F; OR 2845/170, p. 21; OR 3099/751, p. 21).

• Parking spaces are limited common elements assigned "by instrument in writing executed with the formalities of a deed" and recorded (Art. V.C, OR 2512/239, p. 5). The Clerk's index shows association assignments against I and III units, so we pull any that touch the unit and carry the space in the deed.
• In 2007 an engineer recorded a claim of lien against all four condominiums (OR 21734/241). The Clerk certified its transfer to a $16,310.95 cash bond on 10 September 2007 (OR 22095/541). The Clerk also links 2009 court papers, which we did not read (OR 23374/1011). We check that nothing remains against the unit.
• IV's management unit may be used only as a management office for the association, the Village or another Boca West association. It may be leased for that without approval (Arts. XVI.A, XVI.E, OR 3099/751, pp. 20–21).
• Combining units is allowed (Art. XXI, OR 2512/239, pp. 23–24). The Property Appraiser shows Units 751 and 753 (IV) and 1011 and 1012 (III) held together, so the deed must describe both.
• The developer could add III's second phase until 1 January 1983 and IV's until 1 January 1985 (OR 2845/170, p. 4; OR 3099/751, p. 5). The Property Appraiser's roll shows both phases built, but we have not found the amendments.
• The Village's lien needs no recording: an unpaid assessment becomes "a continuing lien on the Unit" (Art. V § 8, OR 2512/220, p. 4). It yields only to a first mortgage amortized over at least ten years (§ 9).