Peppertree II, Boca West: a quarter's assessment at closing, no lease in year one, and occupant screening

Approval of the buyer by Peppertree II, by the master through its Certificate of Compliance and by the Country Club, plus a Village of Peppertree estoppel. The 2017 text adds that "Any transfer of ownership must be submitted to and approved or disapproved by the Board" (OR 29009/1066, p. 2).

• The 1980 approval. No owner may sell, lease or give away a unit without the association's approval "except to another Unit owner" (Art. XVI.A, OR 3269/1631). The seller gives notice with the buyer's details. The association answers within 20 days, and an approval is a recorded certificate (Art. XVI.B, OR 3269/1633).
• A demanded buyer. The seller's notice may demand a substitute. On a refusal, the association must then produce a cash buyer at the contract price within 20 days, or the sale is deemed approved (Art. XVI.C, OR 3269/1634).
• Everyone who will live there. Since 2017, "all occupants of a unit, whether family or not are required to be screened and approved by the Association" (OR 29009/1066, p. 2). Anyone staying more than 30 days a year needs the Board's approval (p. 1).
• No fractional sales. No owner may sell "shares" in a unit, and every transfer must be by recordable deed (p. 2).
• Void if unapproved. An unauthorized sale, mortgage or lease is void unless later approved (Art. XVI.F, OR 3269/1635).

A capital contribution to Peppertree II. Since the 2014 amendment, on "all future conveyances of any ownership interest in a Lot, the purchaser shall pay to the Association the sum of one (1) quarterly assessment". It is "deemed to be a special assessment" with the same collection rights (OR 27143/954). The amendment names no exemptions but charges "the purchaser". Whether a gift or a transfer into trust pays is a question we put to the association in writing.

On top come the master's capital contribution and the Club's Joining Fee. The master bills Peppertree II $122,632 for 2026/2027, up 3.50% (master's adopted 2026/2027 budget, not recorded), on top of the master's per-unit charges.

The 2017 amendment rewrote the rules (OR 29009/1066, pp. 2–3):

• Year one. A lease "can occur only after said owner owns unit for a period of one (1) years from the date of taking title". An entity buyer counts too, and during that year only its principal may live there.
• A tenant in place. A buyer who takes title during a lease may not lease again for a year after it expires.
• Length and renewal. No lease may exceed a year, and none renews automatically. Each new lease or renewal needs a fresh application.
• Frequency. "No Unit may be rented more than one (1) time in any Calendar year".
• Heirs. Heirs of a deceased sole owner get a one-time exception to the first-year bar.
• Circumvention. Deeding a share to someone who then moves in is "a prima facie example" of evading the leasing bar.

The original minimum, more than one month, still stands (Art. XV.E, OR 3269/1630). 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 Peppertree II buyer since 11 April 2017 is bound in full. The master's leasing rules add a four-month minimum.

• At most eight people may sleep in a three-bedroom unit and five in a two-bedroom (p. 2).
• Tenants may not host overnight guests in their absence for more than two weeks a year (p. 2).
• One dog or cat under 30 pounds, with a $250 deposit, walked behind the unit (pp. 3–4).
• No overnight street parking from midnight to 6 a.m. Commercial vehicles only inside a closed garage (p. 6).

• The buyer is "jointly and severally liable" with the seller for unpaid assessments and charges, and a recorded claim of lien "shall relate back" to the original declaration (OR 29009/1066, pp. 4–5).
• Anyone who acquires an interest, "including … persons acquiring title by operation of law", may not occupy the unit until the former owner's arrears are paid (p. 4). An estate's buyer needs a clear estoppel.
• The 2017 assessment paragraphs are headed "XVI", although the declaration's assessment article is XVIII. The 2014 amendment says "Lot" and cites "Article IV" for collection. We note both for underwriting.
• The 2014 amendment's statute clause names Chapters 720 and 617, not Chapter 718 (OR 27143/954). The condominium statute governs regardless.
• The Clerk links a 2002 assignment by the association to a bank (OR 14487/1154), which we have not read. We ask the manager whether any loan secured by assessments is outstanding.

Peppertree II's land lies on the Peppertree of Boca West plat (Exhibit A, OR 3269/1647–1648). So the 1978 Declaration of Covenants and Restrictions for Village of Peppertree (OR 2975/1222) makes each unit owner a member, with assessments that are "a charge on the land and a continuing lien" (Art. V § 1, OR 2975/1224). Peppertree II's declaration makes the umbrella's road maintenance a condominium common expense (Art. XII.B, OR 3269/1622) and lets the Board collect for it (Art. XVIII.F, OR 3269/1638).