Planters Point, Boca West: 48 townhouses under a 2019 restatement with lease approval and owner insurance
Planters Point is 48 attached townhouses on Planters Point Drive in Boca West, under a property owners' association. Its 2019 restated declaration contains no approval of sales, though the master and the Country Club still approve. No lease is allowed in the first 12 months, then one a year of at least four months, with the association's approval.
The association at a glance
Planters Point at Boca West Property Owners' Association, Inc. — Chapter 720 homeowners' association
- Estoppels
- Two association estoppels, Planters Point's and the master's, plus the Country Club's statement. Planters Point's is due within 10 business days of a written or electronic request (Fla. Stat. § 720.30851)
- Approval of a sale
- None in the 2019 restated declaration. The master's Certificate of Compliance and the Club's approval still apply
- Leasing
- None in the first 12 months; then one lease in any 12 months, at least 4 months, approved within 30 days, with a deposit of up to $2,500 or a month's rent (Art. VI § 22, OR 30640/1009, pp. 19–21)
- Insurance
- Each owner carries an HO-3 or comparable policy with windstorm at 100% of replacement cost and 25% ordinance-and-law cover (Art. III § 6, OR 30640/1009, p. 9)
- Homes
- 48 attached townhouses on Lots of the Replat of Parcel I-4 at Boca West (Plat Book 52, Page 150), built in 1986, on Planters Point Drive
- Declaration
- Amended and Restated Declaration, Official Records Book 30640, Page 1009 (OR 30640/1009), recorded 29 May 2019 and re-recorded at OR 30650/545. The original was OR 4811/1284 (1986)
- Manager
- Mahogany Services Inc., 561-997-6453. The Property Appraiser mails the association's common tracts in care of First Choice Management Group in Delray Beach, a different firm, so we confirm the manager when ordering the estoppel. Source: the master association's Your Management Company page (not recorded), checked October 22, 2026.
Planters Point is 48 attached one-story townhouses on Planters Point Drive, in Boca West in unincorporated Palm Beach County. Its legal descriptions never say "Planters Point". They read "Boca West Par I-4 Repl", from the 1986 Replat of Parcel I-4 (Plat Book 52, Page 150), and two lots read "Repl, Repl" from a later replat (Plat Book 71, Page 23). Some lots carry slivers of the next lot, so we copy each legal description exactly. The owners restated the declaration in 2019, and that restatement is what a buyer takes subject to.
What does a Planters Point sale need?
The master's Certificate of Compliance, the Country Club's approval of the buyer, and the two estoppels. The 2019 restatement has no provision for the association to approve a sale.
That was not always so. A 2011 deed carried the association's recorded "Certificate of Approval of Purchase", given "pursuant of the provisions of the Declaration" (OR 24428/1358, p. 3). The 1986 declaration we read contains no such rule, so it probably came from the 1994 instrument the Clerk links, which we have not read (OR 8292/1625). The 2019 restatement replaced "the original … in its entirety" (OR 30640/1009, p. 3). We still ask the manager whether it expects an application.
A homeowners' association must issue its estoppel certificate within 10 business days of a written or electronic request, and charges nothing if it is late (Fla. Stat. § 720.30851). The restatement adopts that statute (Art. IV § 7, OR 30640/1009, p. 13). It also makes "any person … or other acquirer" liable for assessments under § 720.3085 (Art. IV § 8).
When can a Planters Point owner lease?
Under Article VI § 22 of the restatement (OR 30640/1009, pp. 19–21):
- First year. "Rental or leasing of residences … is prohibited within the first 12 months of an Owner's ownership."
- Frequency and length. One lease in any 12 months, "in excess of four (4) months duration" (§ 22) and no shorter than four months (§ 22.9). Anything past 12 months needs annual review by the Board.
- Approval. The owner sends notice and the tenant's application. The Rental Review Committee or the Board decides within 30 days, and "Any lease which is not approved by the Association shall be void and shall convey no interest."
- Grounds to refuse. A tenant's bankruptcy, foreclosure, eviction or unpaid judgment within five years, or certain felonies within ten. Also a lot let for 18 of the last 24 months, or an owner who is delinquent.
- Money. A fee within legal limits and a deposit of up to the greater of $2,500 or a month's rent.
- Occupants. No subleasing. A non-family guest staying more than 30 days without the owner counts as a tenant.
A rental amendment to a homeowners' association's documents enacted after 1 July 2021 generally binds only owners who take title after it, or who consent to it. Limits on leases shorter than six months, or on leasing more than three times a calendar year, bind everyone. A transfer to an affiliated entity or to an heir is not a change of ownership for this rule (Fla. Stat. § 720.306(1)(h)). Planters Point adopted its limits on 29 March 2019, so they bind every owner. The master's rules run alongside them.
Who insures and maintains a Planters Point townhouse?
Mostly the owner. Each owner must carry a standard HO-3 policy or comparable cover, including windstorm, "in the amount of 100% of the replacement cost of all of the improvements located on the Lot". It must include ordinance-and-law cover of 25% and come from a Florida-licensed insurer. Proof is due within 15 days of a request (Art. III § 6, OR 30640/1009, p. 9).
The association maintains the lawns and common areas, paints exterior walls and garage doors from time to time, and cleans the roofs. The owner keeps "all portions of a residence's roof and related roofing infrastructure excluding periodic cleaning" (OR 30640/1009, pp. 7–8). A maintenance allocation chart attached to the restatement sets out the rest. The townhouses share party walls (Art. VII).
Where does a Planters Point title need care?
- The restatement's lien has "the priority set forth within Fla. Stat. §720.3085" (Art. IV § 9, p. 14). The 1986 text, which subordinated it to institutional first mortgages, is gone. Chapter 720 governs a lender's liability.
- Late assessments carry the greater of $25 or 5% after 20 days, and interest at the maximum lawful rate (Art. IV § 8, p. 13).
- Exterior work needs the association's architectural board and, separately, the master (Art. III § 7.H, p. 11).
- The restatement certificate was recorded on 29 May 2019 and again, with more pages, on 3 June 2019 (OR 30650/545). We cite both.
- A 2013 statement under the Marketable Record Title Act preserved the 1986 declaration (OR 25907/125). It also places the old Articles and By-Laws at OR 25907/200 and /204.
- The common Tracts A and B belong to the association, while one parcel at 19615 Planters Point Drive is the master's on the Property Appraiser's roll. We check which tract a survey shows.
The master bills Planters Point $193,267 for 2026/2027, up 3.73% (master's adopted 2026/2027 budget, not recorded). The master's per-unit charges are billed as well. We found no working capital or transfer charge of the association's own.
Our practice
How Bayit Title handles this
At Planters Point the legal description is the first risk, because it names a Boca West parcel replat and not the Village. We read the plat, the lot and any sliver against the seller's vesting deed. Then we check the insurance binder for full replacement cost with windstorm, and confirm with the manager that no purchase approval is still expected.
What is recorded for Planters Point?
| Recorded | Instrument | What it did |
|---|---|---|
| 31 January 1986 | PB 52/150 | The Replat of Parcel I-4 at Boca West, by the Yusem Homes partnerships. |
| 7 March 1986 | OR 4811/1284 | The Declaration of Restrictions and Protective Covenants for Planters Point, by Yusem Homes-Planters Point, Ltd. and Yusem Homes-Planters Point II, Ltd. |
| 6 June 1994 | OR 8292/1625 | Restrictions recorded by the association, linked to the declaration; not read. |
| 28 March 2013 | OR 25907/125 | The association's statement of marketable title action preserving the 1986 declaration. |
| 29 May 2019 | OR 30640/1009 | The Amended and Restated Declaration, Articles and By-Laws, adopted on 29 March 2019 by two-thirds of the voting interests. |
| 3 June 2019 | OR 30650/545 | The restatement certificate re-recorded with additional pages. |
| 10 July 2020 | OR 31560/1668 | The secretary's certificate of rules adopted by the Board on 18 May 2020; the rules themselves are not attached. |
Common questions
Does Planters Point approve buyers?
Not under its 2019 restated declaration, which has no sale-approval rule. A Planters Point sale still needs the master's Certificate of Compliance and the Country Club's approval.
Can I rent out my Planters Point townhouse?
Not in the first 12 months. After that a Planters Point owner may lease once in any 12 months, for at least four months, with approval within 30 days (OR 30640/1009, pp. 19–21).
Who insures a Planters Point townhouse?
The owner, with an HO-3 or comparable Planters Point policy including windstorm at full replacement cost and 25% ordinance-and-law cover (OR 30640/1009, p. 9).
Who fixes the roof at Planters Point?
The owner. The Planters Point association only cleans the roofs; repair and replacement are the owner's (OR 30640/1009, pp. 7–8).
Why doesn't my Planters Point deed say Planters Point?
Planters Point was platted as the Replat of Parcel I-4 at Boca West, so its legal descriptions read "Boca West Par I-4 Repl" (Plat Book 52, Page 150).