The Enclave at Heron Bay: 81 zero-lot-line homes and a $500 buyer's fee

The Enclave's estoppel, the association's statement of what the seller owes, goes out with the master's, which carries Heron Bay's Capital Payment. The Enclave's should show:

• The buyer's $500. Section 7.38 lets the association impose it on "any sale, or other voluntary transfer of a Lot", "to be remitted by the purchaser" (Instr 102979217, p. 1).
• Arrears. The buyer answers for a prior owner's unpaid balance (§ 9.1, p. 17). Under § 10.1.6 and the builders' form's move-in bar, no buyer but a foreclosing first mortgagee may move in or use the common areas until it is paid.
• Late payments. Under §§ 10.1.1–10.1.2, an installment over 10 days late costs 10% or $25.00, whichever is more, plus interest. Once 30 days of default follow a written demand, the next 12 months' assessments may be called due at once.

Two developer-era $1,000 charges do not recur on a resale. One is Supplement No. 7's per-home contribution, the other a marketing fee the master's Sixth Amendment had third-party homebuilders here pay the master's Declarant on each home's first sale (OR 30932/1798, pp. 1–2, re-recorded at OR 30962/1492).

The certificate recites a 22 April 2003 members' meeting, a vote of "not less than TWO-THIRDS (2/3) of the membership", enough under § 12.1, and a unanimous Board vote. It does not show that three other requirements were met.

• Approval by Institutional Lenders holding mortgages on at least half the mortgaged lots, which § 12.4 (p. 23) required for a material change to "assessments" or to an owner's right to sell or transfer. We found no directors' affidavit under § 13.2 deeming that approval given.
• The Declarant's written joinder, its signature joining the amendment, which § 12.1 required while it owned any of the land.
• A Secretary's certification beside the President's, which § 12.1 also called for. The certificate carries only the President's signature.

The Pointe adopted its § 7.38 fee by a certificate on the same form. Expect the $500 on the estoppel all the same. We put these gaps to underwriting.

Section 7.18 (p. 14) carries the builders' form's six-month lease minimum. A shorter term needs the Approving Party's consent, and that party may have the owner escrow as much as one month's rent to cover tenant damage. Under § 1.1, the Approving Party starts as the Declarant and passes to the association once the Declarant owns no lot, or sooner if it assigns the role (p. 2). A tenant-occupied sale needs a copy of the lease at closing. Heron Bay's leasing rule adds registration before move-in and one lease in any 12 months.

The term predates Chapter 720's 2021 limit on rental amendments, and changing it needs the owner and lender approval of §§ 12.1 and 12.4.

Other § 7 rules bind every household.

• Two permanent occupants per bedroom at most (§ 7.22).
• Consent before keeping more than two vehicles at the home permanently (§ 7.2).
• Customers may not visit a home business, which must not be noticeable from outside (§ 7.4).
• Without consent, nothing but grass within 20 feet of a lake or canal, and no swimming or boating there (§ 7.16).
• No sign visible from outside without the Approving Party's written consent (§ 7.28), and no For Sale sign under Heron Bay's sign rule.

Under §§ 5.1.2–5.1.6, all landscaping is the association's, mowing, trimming and fertilizing included. So are shared utility lines, the surface water system, common sidewalks, street lights and sprinklers, except wells, pipes and systems serving a lot's fenced or walled-in area. Section 5.2 gives the owner the rest of the house and lot, including "roofs and walls (except for periodic painting and cleaning to be performed by the ASSOCIATION)" (p. 9).

Three clauses blur the line, so ask the manager who paints, cleans roofs and keeps the yards.

• Section 5.1 never assigns the association the painting § 5.2 says it performs, unlike The Pointe's declaration.
• Section 5.3 puts "exterior building surfaces" on the association, with paved and landscaped areas outside enclosed private yards, all to the Coral Springs code standard, enforceable by the City at owners' pro rata cost.
• Section 7.17 tells owners to "maintain the landscaping on his LOT", where § 5.1.2 says "all landscaping".

The closing needs proof of the owner's § 7.15 policy. If 10 days pass after a written demand with no proof shown, the association can buy cover at the owner's cost, though it "shall have no interest in any insurance proceeds". Ask whether the seller owes for such a premium.

Any wall within 4 feet of an Enclave lot line is a "ZERO WALL" under §§ 8.1–8.3. Its owner keeps it up through a 4-foot easement over the next lot, entered after 24 hours' written notice on a weekday from 7:00 a.m. to 7:00 p.m., or sooner in an emergency. The neighbor needs consent to paint the wall or attach anything to it, and may not dig in the easement. Section 8.4 lets the original construction's overhangs and encroachments stay, with no right to encroach further. Ask the surveyor to locate each zero wall on and next to the lot.

Heron Bay Four's plat does not divide Parcel D into lots (sheets 4–5). We found no replat, City plat exemption or the City site plan that Supplement No. 7 cites. Section 1.15's Lot takes in "any other parcel of land" conveyed to an owner (p. 3), so confirm the legal description falls inside Parcel D.

The plat's 1995 agreement with the County charges $233,506.00 of its school impact lien to Parcel D (OR 24291/831, ¶¶ 1–2, pp. 1–2). No County satisfaction or release of all of Parcel D is recorded. Under ¶ 2(d) the County has instead released lots one at a time, 68 of them on the plat, so the title search looks for a partial release naming the lot (p. 3). Without one the lien stays open for underwriting, as Heron Bay's note on the school liens describes.

WCI's 1998 warranty deed of Parcel D to the Declarant carried both, as its 1996 deed of Parcels B and P did (OR 25078/30). The grantee took subject to the master declaration and to WCI's "Declaration of Neighborhood Covenants for Parcel D and L Heron Bay Four", attached as Exhibit 1, and to the school lien agreement, "which the Grantee shall assume and agree to pay" (OR 28560/51, pp. 1–2). So Enclave lots sit under WCI's covenants as well as The Enclave's own declaration. We have read only the title of WCI's Exhibit 1, so its terms and how they sit with the 2000 declaration go to underwriting.

Florida's Marketable Record Title Act (MRTA), which can cut off old covenants after 30 years unless they are preserved, can reach no Enclave lot before 15 March 2030. It then runs lot by lot under Heron Bay's chapter 712 title point. Our search through 20 October 2026 found no notice by The Enclave preserving its declaration, which the master's 2024 notice does not name either. The 2003 fee certificate is indexed under "ENCLAVE AT HERON BAY ASSN INC" and cites the declaration at OR Book 30333, Page 111 (p. 1). Whether that preserves the declaration is for underwriting. WCI's 1998 covenants reach 30 years on 14 July 2028, 30 years after the deed that carried them was recorded.

Sections 10.1.3 and 10.1.6 (pp. 19–20) follow the builders' form's lien and lender clauses. The lien needs a recorded claim, and anyone taking title by foreclosing a first mortgage owes nothing for prior assessments unless a claim of lien was recorded ahead of that mortgage. Chapter 720's lien and lender rules may read otherwise, so the lien's timing and any bank-owned Enclave sale go to underwriting.

Under §§ 10.3.1 and 10.3.3, an Enclave fine may reach $50.00 per violation, and up to $10.00 a day once a violation has gone 30 days uncured after notice. Fines are deemed assessments. Once a continuing fine reaches $1,000, it can ripen into a lien under Florida's fine rules and may then show in the title search, not only on the estoppel.

Nothing recorded through 20 October 2026 assigns the Declarant's or the Approving Party's role, and the Declarant's last recorded instrument is from 2002. Request any association rules from Community First Management, since we found none.

In 2005 the association made a collateral assignment to Kislak Bank of its right to collect assessments and its lien rights, securing a $50,000 note (Instr 105115106, p. 2). We have not checked for a release, so we send it to underwriting with The Enclave's estoppel.