Mizner Village at Heron Bay's 56 zero-lot-line homes and the estoppel a seller needs first

Art. I.C makes the Mizner Village association a "Neighborhood Association" under the master declaration (p. 1). Under Art. II.B every owner also belongs to the master, whose assessments the Mizner Village association collects "on a prepaid annual basis from all Owners" and pays over with "a check for same" (p. 4). So a sale takes two estoppels, plus Heron Bay's Capital Payment from the buyer.

• The Mizner Village certificate. Article XI.P exempts only the Declarant, the builder. No other owner may sell or convey a Site until "all sums due the Association are paid in full" and the owner has received "an estoppel certificate in recordable form" (p. 20). Once all is paid, the association must deliver it within ten days of a written request, and may charge "a reasonable sum". The seller must also hand the buyer "the documents originally received from Declarant" (p. 21).
• What the clause leaves out. Unlike Villa Sorrento's, it does not call a sale without the certificate void, treat the association's silence as approval or cap the fee. Florida's estoppel deadline and fee caps still apply.
• Late installments. Each costs $10.00 once fifteen days overdue, plus interest (Art. IV.C, p. 6).

A Mizner Village owner may lease without the association's approval, and the declaration sets no minimum term or yearly cap. Under Art. X.E the lease must cover the whole Home, let the association end it if the tenant defaults, and rank below the association's lien (p. 14). Over any 12 months, Heron Bay's master rule lets an owner sign one lease, and the tenant must be registered before moving in. These are the 1997 terms, adopted long before the 2021 limit on rental amendments, and the County's records hold no amendment or turnover instrument through 20 October 2026. After turnover, when the builder hands control to the owners, Art. XI.I needs two-thirds of the Site Owners and a Board majority to amend (pp. 18–19). A later sentence there puts the owners' share at a majority instead.

The association keeps up the shared land and insures only its improvements there, with at least $1,000,000 of liability cover (Art. VII.A–B, p. 9). Nothing in the declaration insures the homes.

• Art. IX.A has the association repair, maintain and replace the improvements on the Recreation Property, at first "a passive park" (Art. II.D, p. 4), and on the Common Areas (pp. 11–12). Those are Tracts A–E, with the private roadways and walkways, the primary access road, perimeter walls and fences, cluster mailboxes, sprinklers, street lights and lakes (Art. I.H, p. 2).
• Art. IX.D has the association keep "all Landscaping and Pedestrian Areas, if any" to the Coral Springs code (p. 13). The City may enforce that standard at the owners' pro rata cost, as at L'Hermitage and The Enclave.
• The declaration assumes the owner keeps up the "Home or Site, including the yard and landscaping", though no clause names roofs or walls. If he does not, the association may do the work on five days' written notice and charge the cost plus a $25.00 administrative charge, secured by its lien (Art. IX.B, p. 12).
• Art. IX.C, also on page 12, makes a wall or fence on a dividing line a party wall, and each owner owns the part on his Site. Owners who use it split its repairs equally. An owner whose negligence exposes it bears the whole cost, and three arbitrators settle disputes.
• Easements cover roof overhangs, the strip up to the next home's zero-lot-line wall, and entry on the neighbor's yard to build, maintain and repair the common wall (Art. VIII.B.6, .10, .11, p. 11).

Paint, shutters, hurricane protection, driveways, screen enclosures and other exterior changes need written approval from both Mizner Village's Architectural Control Board and the master. The board has forty-five days to act or the request is deemed approved, and no request is valid while assessments are unpaid (Art. X.M, p. 15). Florida's hurricane-protection rule also binds the board.

Fences stay as the Declarant installed them unless the board approves others (Art. X.N, p. 16). Under Art. X.G a garage becomes living space only with both boards' and the government's approval, and Art. X.F bars sheds and other temporary structures (p. 14). On page 12, Art. IX.A also cites the unrecorded "Heron Bay Residential Neighborhoods Site Development and Architectural Guidelines".

Heron Bay Four's 1995 school impact agreement allocates $169,356.00 to Parcel E and nothing to Parcel K, though Parcel K lies inside the land it liens (OR 24291/831, ¶¶ 1–2, pp. 1–2). WCI's 1996 deed had the builder assume it (OR 25112/693, p. 1). No County satisfaction or release of all of Parcel E is recorded. The County has instead released lots on the plat one at a time, and the index links 68 partial releases to the agreement (Instr 109003349, for example). So the Site's title search looks for a partial release naming it, and without one underwriting decides that school impact lien.

Mizner Village Sites carry two sets of covenants, as at L'Hermitage and The Pointe. WCI's deed of Parcels E and K to the builder, dated 27 June 1996 and recorded 9 July 1996, attached WCI's Declaration of Neighborhood Covenants for Parcels E and K as Exhibit "1" (OR 25112/693, Instr 96332019, the County's instrument number, pp. 1–2). Those covenants ran "for a period of thirty (30) years from the date this DECLARATION is recorded", so their first term ended on 9 July 2026. They now renew for ten years at a time, and owners of two-thirds of the Property Units may end or change them by a recorded instrument (Exhibit 1 Art. III ¶ 10, p. 13). WCI could assign its rights to the Neighborhood Association (¶ 11), and we found no assignment.

On the Property Appraiser's roll the homes appear as Lots 1–56, each a numbered portion of Parcel E. Check the Site's metes-and-bounds description, its boundary traced by measured lines, against Parcel E. We found no copy of the plat exemption drawing the Sites and Tracts A–E or of the approved site plan, and no deed of the Common Areas or Recreation Property to the association. The roll shows no such deed either.

Art. IV.B makes Mizner Village's lien wait for a recorded "written, acknowledged statement" and rank behind the master's (p. 6). Real property tax liens and "the lien of any first mortgage" also come first (Art. IV.G, p. 7). Under Art. IV.B an Institutional Mortgagee that forecloses or takes a deed in lieu owes no earlier assessments unless the association's claim reached the record first, as in the builders' form. Chapter 720 dates the lien and caps a foreclosing lender's share by its own rules, so underwriting decides which governs. It also makes a buyer liable with the seller for unpaid assessments, as Heron Bay's title points explain.

Ask for proof that Ocean Bank's mortgage, UCC filing and assignment in the table were released. Underwriting decides whether the execution points in the table matter.

WCI's 1996 covenants turned 30 on 9 July 2026, and counting from its stamp, the declaration turns 30 on 6 September 2027. Those are the soonest dates Florida's Marketable Record Title Act (MRTA), which can cut off old covenants after 30 years unless they are preserved, could touch a Mizner Village Site under each set. The test runs on each Site's own chain of title. Our search through 20 October 2026 found no preservation notice for either set, and the master's 2024 notice names no Neighborhood declaration by name.