Cypress Pointe at Heron Bay: four Parkland condominiums under one association

Cypress Pointe I is Buildings 1–6 and 11–14, II is 7–10, 15–19 and 40, III is 20–25 and 36–39, and IV is 26–35. II has no Building 20, and its tenth building is 40, so Building 20 is in III (II Declaration p. 66). Each unit's legal description on the Property Appraiser's record names its condominium and that declaration's instrument number.

One association runs all four. Despite the "Master" in its name, Cypress Pointe at Heron Bay Master Condominium Association, Inc. is a different body from Heron Bay Community Association, Inc., the Heron Bay master (§§ 2.23–2.24, p. 10). Where the Cypress Pointe and Heron Bay documents conflict, "the terms of the Community Declaration shall take precedence" (§ 18, p. 40). The declarations never define "Community Declaration", and the master's comparison of Neighborhood declarations shows how the others settle conflicts.

Page cites are to Cypress Pointe I's declaration. The others match it through page 49 and run a page lower from the Articles on.

Two estoppels, one from each association, state what a Cypress Pointe seller owes. An individual buyer needs no approval.

• This association's estoppel. It covers both Cypress Pointe assessments, the condominium's own and the shared one. Section 718.116(8) makes it due within 10 business days of a written or electronic request, though § 14.2 of the declarations allows 15.
• The master's estoppel. The Heron Bay master's estoppel is the second, and Heron Bay's Capital Payment applies. Every unit is under the Heron Bay declaration (§ 1.3(a), p. 6). No master supplement names Cypress Pointe a Neighborhood, so ask the master's manager whether it bills these units the master declaration's Neighborhood Expenses.
• An entity buyer's occupants. Section 18.2 makes an entity's purchase "conditioned upon the approval by the Master Condominium Association (to the extent applicable) of the primary occupant and of all other occupants". The person who signs for the entity is the primary occupant unless another is designated, and the choice may change once a year at most. Because that approval is required, the By-Laws' application fee "in an amount to be set by the Corporation" may be charged, and § 718.112(2)(k) caps it at $150 per applicant.
• Notice at transfer. An officer certifies the assessments paid or owed, and the new owner gives the association and the Management Firm a copy of the deed (§ 19.1, pp. 42–43).
• Parkland's searches. Municipal lien and permit searches go to Parkland, which the declarations, the plat, the Property Appraiser and Heron Bay's city table all name. The master supplement for this plat recites Coral Springs (Instr 104561424, the County's instrument number).

Florida Statutes § 718.503(2) makes the seller give the buyer current copies of the declaration, articles, by-laws, rules, annual financial statement, budget and "Frequently Asked Questions and Answers" sheet, at the seller's cost. A buyer who did not have those seven documents more than 7 days before signing may cancel within 7 days of the later of signing and receipt. Neither count includes Saturdays, Sundays or legal holidays, and the right ends at closing. Chapter 2025-175 raised the period from 3 days on 1 July 2025.

The seller also owes the governance form from DBPR, the state regulator, under § 718.503(2)(b). With it go any milestone inspection summary, the report of any turnover inspection made on or after 1 July 2023, and the latest structural integrity reserve study or a statement that none was done.

Milestone inspections under § 553.899(3)(a) and structural integrity reserve studies under § 718.112(2)(g) apply only to buildings of three or more habitable stories, counted under the Florida Building Code. Each Cypress Pointe building has units A–C below D–F, with ground-level garages beside the lower units. The plats, the unit sheets and the Property Appraiser's photographs all show two stories, so neither should apply, and no recorded Cypress Pointe document mentions either. In that case, § 718.503(2)(e) requires a contract signed after 31 December 2024 to state in conspicuous type that neither is required. Confirm the story count with the association.

Because each condominium has 60 units, § 718.111(12)(g) has required the association since 1 January 2026 to post the records it lists on a website or app.

Section 19.2 allows leases of at least 180 consecutive days, one a calendar year, and none while the owner is behind on any assessment. A current owner "may rent or lease a Unit without further approval", but must tell the Management Firm the tenant and the term. Leases cover whole units, subleases meet the same limits, and the association may require a standard lease form. The tenant then uses the common areas in the owner's place. Heron Bay's leasing rule applies on top of § 19.2, with its own limit of one lease in any 12 months and tenant registration before move-in.

Section 19.2 requires no approval, yet § 18.1 speaks of an "approved lease" and § 18.2 conditions an entity's lease on approval of its occupants. Ask the association what it requires. No leasing amendment is recorded through 20 October 2026.

A buyer takes title subject to any rental amendment in force at closing, because § 718.110(13) spares only owners who held title before it and did not consent.

The declarations set the upkeep. Fla. Stat. § 718.111(11) sets the insurance for every residential condominium, whatever its declaration says.

The association's policy also covers flood on the improvements, with liability cover of at least $1,000,000 per occurrence (§ 15.3(b), (f), pp. 34–35).

Every Cypress Pointe building except 37 has a surveyor's certificate recorded by March 2014, and the table dates each one. Under § 718.104(4)(e), units may be conveyed once their building's certificate is recorded, with the declaration or by amendment. Only Buildings 11, 12 and 14 had one when their condominium was created (I Declaration p. 51). The surveyors for II, III and IV certified the improvements "NOT SUBSTANTIALLY COMPLETE".

• Building 37, in Cypress Pointe III, still has no certificate of record through 20 October 2026. WCI's 2009 deeds list "Buildings 23, 24, 25 and 37" together, and its 2010 deed of their units to Cypress Pointe Holdings, LLC is made subject to the "absence … of a certificate of substantial completion under Section 718.104(4)(e)" (OR 46505/1675, p. 6; OR 47007/1418, p. 1). The successor developer then certified 23, 24 and 25, "to allow units in such building to be conveyed to individual purchasers" (Instr 110951287, p. 1), but never 37.
• On 31 March 2017 it deeded all six units, 37-A to 37-F, to Atlantic Building & Development, LLC. In May 2017 it re-recorded the six deeds "to correct grantee name & address", making the grantee a Wyoming company rather than a Florida one (Instr 114316374 and the others in the table, p. 1). The Property Appraiser gives the building a 2023 year built, against 2005 to 2014 for the other 39. Underwriting decides whether a sale there is a first sale, and what follows without a certificate.
• A developer deed of a Building 31 unit dated before 5 May 2011, or of a Building 30 unit before 10 June 2011, needs underwriting's review.
• II's Fourth Amendment of 17 July 2007 certified Buildings 18, 19 and 40, but its execution date is blank. Unlike the Third, it does not recite that the developer still controlled the association, and the developer could amend alone only until owners took control (§ 6.2(a), p. 20). Whether turnover had come by then, and any earlier developer deed of those units, are underwriting's call.
• Building 31's garages are numbered "GARAGE UNIT 14-A" to "14-F" on its sheet, beside units and parking spaces 31-A to 31-F. Building 14 is in Cypress Pointe I, and Building 30's sheet numbers its garages 30-A to 30-F. Each garage is a limited common element of its unit (§ 3.3(a), p. 13). Whether the misnumbering calls for a corrective amendment is for underwriting.

The Declaration and Grant of Easements gives Cypress Pointe its recorded access, and each declaration makes it part of the condominium (§ 1.2, p. 6). It grants perpetual, non-exclusive easements over 35.679 acres of Parcel A. They include "legal ingress to and from the Property and public roadways" over Parcel R, the private entrance road, and ingress and egress along the internal roads. It has no upkeep or cost-sharing clause, which leaves upkeep to the declarations. Where an amendment to it needs this association's consent, "a majority of the members of the board of directors shall be the only requirement", with "no obligation for a unit owner vote" (Easement Declaration § 8, p. 3).

Sheet 1 of the plat dedicates no part of Parcel A, and it dedicates Parcel R to no one. It gives easements over Parcel R to unit owners and to owners of Heron Bay Committed Property "subject to" the master declaration, and keeps WCI's perpetual right. The declarations' plats label the roads "Master Condominium Association Property" and put the pool, cabana and play area outside I and II. That land was to go to the association (§§ 1.5(b), 25.5, pp. 7, 47). The easement declaration conveys no title either, so the table lists the deeds the Property Appraiser cites for today's owners.

Expect the plat and the six utility, access and drainage easements § 1.3 names as exceptions on the title commitment. None charges a unit. OR 44393/471, the one page recorded between the III and IV declarations, is an unrelated notice of commencement for a Coconut Creek home (Instr 107251796), so it is no exception. City of Parkland Resolution 2003-46, also named in § 1.3, is in the City Clerk's records, not the County's. Adopted on 17 September 2003, it approved WCI's site plan for 240 condominium units on 38.232 acres of Heron Bay North, the land that became Cypress Pointe, though it never uses that name (pp. 1–2). Most of its eleven conditions governed construction. Two sent land to the Heron Bay master: the open space just southwest of the site, once its landscaping and walkways were finished (condition 6), and any County Line Road right-of-way that a trafficway amendment gives up and the trail does not need, as a green buffer (condition 4, p. 2). Neither charges a unit. WCI's 2011 deed of the rest of Parcel A to the master may have carried out the first, and we have found no conveyance of County Line Road land. So the resolution stands as an exception on the commitment, and we put the two conveyances to underwriting.

WCI Communities, LLC signed the 2009 and 2010 amendments, and Cypress Pointe Holdings, LLC signed the 2011–2014 ones as "successor developer". Section 2.17 makes an assignee the Developer only by recorded assignment. For III and IV one is recorded: WCI Communities, LLC assigned Cypress Pointe Holdings, LLC its rights as Developer under those two declarations, signed 29 March 2010 and recorded 2 September 2010 (OR 47351/1025, pp. 1, 4). None covers I or II. WCI Communities, LLC had taken WCI's rights under WCI's Chapter 11 plan. In September 2009 WCI Communities, Inc., renamed 2009 Real Estate Corporation, quit-claimed its developer and declarant rights to a new WCI Communities, Inc., which passed them to WCI Communities, LLC (OR 46505/1675; OR 46505/1996; OR 46507/916). The deeds' schedule of declarations names III and IV, not I or II (OR 46505/1675, p. 27). The 2011 filings came within seven years of the first declaration and the later ones after it, which bears on whether owners already controlled the board when those § 6.2 amendments were made. That question and the signing flaws in the table are for underwriting.

Section 718.116(1)(a) and § 14.1(a) make each unit owner "jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title". The lien is "effective on the earliest date allowed by law, which shall be no later than as of the recording of the claim of lien" (§ 14.1(b), p. 31). "No fine will become a lien against a unit" (By-Laws Art. VIII § 2, p. 90).

On a bank-owned resale, a first mortgagee that took title by foreclosure or deed in lieu of foreclosure is liable "only to the extent provided by the Act" (§ 14.1(e), p. 32). Section 718.116(1)(b) caps that at the lesser of 1% of the original mortgage debt and the unit's unpaid common expenses and regular periodic assessments for the 12 months before the lender took title, leaving out special assessments. The cap applies "only if the first mortgagee joined the association as a defendant in the foreclosure action", unless the association was dissolved or had no office or agent the lender could reasonably find.

Our search through 20 October 2026 found no Cypress Pointe notice under Florida's Marketable Record Title Act (MRTA), which can cut off old covenants after 30 years unless they are preserved. The easement declaration turns 30 on 6 December 2034, I and II on 22 December 2034, and III and IV on 27 July 2037. Those are only the earliest lapse dates, because the chapter 712 test runs unit by unit.

On several instruments, one of the subscribing witnesses also took the acknowledgment as notary. The successor developer's signer is a "Managing Member" on its IV filings and a "Manager" on its III filings. No amendment changes a use, leasing, assessment or insurance provision, none was adopted by owners, and none names a later manager.