Heron Preserve at Heron Bay: 84 Coral Springs townhomes with their own two associations

Heron Preserve Property Owners' Association, Inc. is the "Neighborhood Association" of the declaration (§ 1.27, p. 5). It levies the assessments, holds the lien and reviews sales and leases. "Upon demand, and for a reasonable charge", it furnishes a certificate of whether assessments have been paid and any unpaid balance (§ 8.11, p. 31). Its by-laws add that a certificate stating an assessment has been paid "shall be conclusive evidence of such payment" (Art. IV § 22(d), p. 67). Unpaid assessments bear interest at 15% a year after 30 days (Art. VI § 4, p. 69). The State lists it as active, document N07000002753, with a 2026 annual report.

Heron Bay Owners' Association, Inc. is the "Master Association" (§ 1.23, p. 4). Its own declaration, the Declaration of Covenants, Restrictions and Easements of 2003 (OR 36657/830), covers the whole of Heron Bay Commercial: a Commercial North Parcel, a Commercial South Parcel and the 15.41-acre Residential Parcel Heron Preserve was built on (Exhibit D, pp. 55–57). "The Property is subject to the Master Declaration … The Neighborhood Association is a member of the Master Association" (Heron Preserve § 8.18, p. 32). Its operating expenses fall one-half on the Commercial Property and one-half on the other Plots (§ 7.2), and it collects through the Neighborhood Associations (§ 8.4). So its share may be inside Heron Preserve's assessment. We found no estoppel section in its declaration, articles or by-laws, though it calls itself "a homeowner association" claiming a lien "pursuant to chapter 720 of the Florida Statutes" (Instr 116479641, a 2020 claim against the Heron Bay Commercial South association, since released). So we ask it whether it issues its own certificate for a Heron Preserve sale. The State lists it as active, document N03000010846, at 2920 NW 107th Avenue, Coral Springs.

Heron Bay Community Association, Inc., the Heron Bay master, has no recorded tie to Heron Preserve that we found. Neither declaration cites the Heron Bay master declaration (OR 24242/652), and no supplement to it from 2003 to 2015 names Heron Bay Commercial. The 2003 declaration mentions the Heron Bay master only to make its President the initial arbitrator (Exhibit G, p. 65). The master does not list Heron Preserve among its Neighborhoods. Its 2024 preservation notice lists the 2003 declaration as Item xxix but leaves it out of the notice's list of legal descriptions (Instr 119854426, pp. 2, 5). So the Heron Bay Capital Payment and leasing rule do not appear to reach Heron Preserve. We ask the Heron Bay master whether it claims any assessment on the site and send its answer to underwriting.

Two names cause confusion. Where Heron Preserve's documents say "Master Association" they mean Heron Bay Owners' Association, not the Heron Bay master. The County's index also names the Heron Bay master as grantee of the 2008 deed of Tracts C, K, L and M, when the deed itself names Heron Preserve Property Owners' Association, Inc. (OR 45495/1036, p. 1).

Section 3.4.2.2 needs at least 15 days' written notice of a sale or lease, with the contract or lease attached, and lets the association charge a transfer fee "not to exceed $100.00 or such other amount as permitted by law" (p. 16). Under § 3.4.2.3 the association, "within 15 days after receipt of all the information required above, either approve, disapprove for cause, or, upon the written demand of the Homeowner, furnish an alternate lessee it approves or the Neighborhood Association may itself elect to purchase, and the Homeowner must sell to such alternate or to the Neighborhood Association upon the same terms". If it lets the 15 days pass it "shall conclusively be presumed to have approved the transaction", and on demand gives "a recordable certificate of approval" (p. 16). Sales by the Declarant were exempt (§ 3.4.2.6). The by-laws let the Board, with a majority of the members' votes, acquire a Lot an owner elects to sell (Art. VIII, p. 70). The association does record its approvals: in 2020 it recorded a one-page Certificate of Approval naming the buyers of a Heron Preserve home (Instr 116889172).

So send the contract early, and close with the association's approval, or its recordable certificate, in the file. A sale made without it goes to underwriting.

"At the time of closing of each and every Lot, after the initial sale of such Lot, the purchaser of the Lot shall pay to the Neighborhood Association a 'Resale Capital Contribution' in the amount of One Thousand and 00/100 Dollars ($1,000.00)" (§ 8.20, pp. 32–33). It is secured and collected like an assessment (§ 8.13). The same section lets the Master Association, Heron Bay Owners' Association, charge a capital contribution on a resale "in accordance with the Master Declaration", and we found none in its declaration. Check the estoppel for both.

"Homeowners may lease their Homes for a minimum period of not less than 6 consecutive months in duration and may enter into a maximum of 1 such rental arrangement in any 6 consecutive month period" (§ 3.4.2.1, p. 15). Leases are in writing, approved by the association in advance and for the whole home, and the association may bar leasing while the owner is delinquent. The 2007 terms predate Chapter 720's 2021 limit on rental amendments, so they bind every owner.

The association's Initial Rules and Regulations, attached to the declaration (pp. 72–76), bar an owner from building any fence or wall (Rule A.2) and from putting anything on the outside of the home, or anything visible from outside, without the architectural review committee's written consent (A.20). Curtains, shades and blinds must be white or off-white, or lined in those colors (A.20). Awnings and shutters need written consent, and hurricane shutters may not go on non-terrace windows (A.9, A.22). Boats and trailers may not be left on the common property, and a vehicle that cannot run may not stay more than 24 hours (A.5, A.7). Fines may reach the greater of $100 per violation or what the law allows (By-Laws Art. VI § 9, p. 69). Florida's fine rules still apply.

"The recordation of this Declaration constitutes constructive notice … of the existence of the Neighborhood Association's lien and its priority", and recording a notice of lien neither creates nor ranks it (§ 8.10, pp. 30–31). The lien is subordinate to a First Mortgage "Except where a notice of lien has been filed … prior to the recording of a valid First Mortgage" (§ 8.14, p. 31). Section 8.10 also makes seller and buyer jointly and severally liable for what is owed at transfer, as Chapter 720 does.

The association files claims of lien often: we counted 51 from 2000 to 2026, the newest recorded on 6 June 2023 (Instr 118899397). The County's site would not list what was indexed with the association as grantor on one day, 6 October 2014, so the count may miss an entry from that day. Our search looks for any naming the seller.

• Sites, not lots on a recorded plat. The plat of Heron Bay Commercial shows only Parcels A and B, and was first restricted to commercial use. A 2004 agreement with the County changed its note to allow "84 townhouse dwelling units on Parcel A-1" (Instr 103835202, Exhibit B, p. 10). The Sites and Tracts A to V come from the Plat Waiver for the Villas at Heron Bay, approved by the City on 19 April 2005 and attached to the declaration as Exhibit A-1, not separately recorded (§ 1.31; pp. 46–50). The waiver covers all of Parcels A and B, 41.879 acres, and dedicates its 23 tracts to four associations: twelve to Heron Bay Owners' Association, five (C, H, K, L and M) to a "Villas at Heron Bay Community Home Owners Association, Inc.", four to Heron Bay South, Inc. and two to Heron Bay North, Inc. (p. 47). WCI later deeded the five Villas tracts to Heron Preserve's association instead. Each Site is described from Parcel A, so read the legal description against the waiver.
• Who owns the common land. WCI quit-claimed Tracts C, K, L and M to Heron Preserve's association in 2008 (OR 45495/1036) and Tract H, the road, in 2009 (OR 46582/730). It quit-claimed Tracts A, F, G, I, R, S and V to Heron Bay Owners' Association in 2008 (OR 45495/1017). The corrective deed a month later lists only A, F, G, R and S (OR 45665/1489). The waiver dedicates Tract I, a common area, and Tract V, a road, to Heron Bay Owners' Association, but the Property Appraiser shows no parcel for either, so who holds them of record goes to underwriting. WCI deeded three conservation easement areas on Parcel A to the North Springs Improvement District (NSID) in 2005 (OR 39380/226, re-recording OR 39364/1005), and Tract G is conveyed less one of them.
• The irrigation pump. The Heron Bay master granted Heron Preserve's association a non-exclusive easement for an irrigation pump on 726 square feet of Parcel E of Heron Bay One, beside Heron Bay Boulevard, in 2007 (Instr 107006025). Heron Preserve's association maintains it and must vacate it if it stops using it for the pump (pp. 1–2). The same person signed for both associations, during WCI's control.
• The 30-year dates. Under Florida's Marketable Record Title Act, which can cut off old covenants after 30 years unless they are preserved, Heron Bay Owners' Association's declaration reaches 30 years on 30 December 2033 and Heron Preserve's on 12 April 2037. Heron Bay Owners' Association's declaration runs 30 years and then renews for 10 at a time (§ 15.1, p. 27).
• Amending the declaration. After the Declarant conveyed 90% of the Lots, and from 2010, an amendment needs two-thirds of the total voting interests, and one touching the surface water system needs NSID's approval (§ 14.2, pp. 38–39). The only amendment recorded, in 2022, changed insurance terms (§§ 1.1, 6.1.3.6, 6.1.3.7 and 7.3) and says "All other sections of the Declaration remain unchanged" (Instr 117919801, p. 5).
• Bank-owned resales. Lenders name Heron Bay Owners' Association, Inc. in foreclosures across Heron Bay, including some outside Heron Bay Commercial. On a Heron Preserve foreclosure, check that the suit joined Heron Preserve's association itself, which § 720.3085(2)(c)'s cap on a lender's debt requires.