Kensington at Tampa Palms: HOA rules, fees and closing points

A second estoppel, a check of the lot against the plat, and attention to The Reserve's declaration in the search. Kensington makes no charge on a resale.

• Two estoppel certificates, one from Kensington at Tampa Palms Homeowners Association, Inc. and one from Tampa Palms Owners Association, Inc. ("TPOA"). Kensington levies its own annual, special and individual assessments, "including any fines", as a continuing lien on the lot and the owner's personal obligation (Declaration Art. III § 2, p. 7). Chapter 720's estoppel statute sets its own delivery time and fee limits (Fla. Stat. § 720.30851). We weren't able to confirm Kensington's manager; no document we hold names one. TPOA's estoppel is ordered from its financial agent, University Properties, Inc., whose sheet lists Kensington among TPOA's villages but names that agent for only two village associations, The Sanctuary and Turnbury Wood (TPOA's estoppel information sheet, not recorded; master page). We weren't able to confirm that the sheet is current.
• No Kensington charge on a resale. The two-month "Initial Reserve Fund" is charged only "Upon the initial conveyance of ownership of a Lot by a Builder" (Declaration Art. III § 9, p. 10), and initial assessments are prorated only on the transfer from a Builder to an owner (§ 6, pp. 8–9). Assessments are quarterly unless the Board provides otherwise (§ 2, p. 7). The recorded master documents set no transfer or capital charge either (master page).
• Unpaid assessments follow the lot. "The sale or transfer of any Lot shall not affect the assessment lien" (Declaration Art. III § 10, p. 11). Fines, and the association's cost of curing a violation plus a 15% overhead charge, are part of the lien (§§ 2, 5, pp. 7–8). A buyer is also jointly and severally liable with the seller for assessments due up to the transfer (Fla. Stat. § 720.3085(2)(b)), so every balance is cleared at closing.
• Notice, not approval. Within 10 days of signing a sale contract, the owner must give the Board the purchaser's name in writing (Declaration Art. V § 5, p. 14). Kensington does not approve a buyer and has no right of first refusal, and the recorded master documents require no approval of a sale or lease.
• Match the lot to the plat. The declaration defines its lots by "the Plat of Kensington at Tampa Palms (Tampa Palms Unit 4A2C)" but leaves the plat book and page blank (Declaration Art. I § 22, p. 4). The plat filed ten days later, Tampa Palms 4A Unit 2C/2D (PB 73/43, filed 7 March 1994), covers Kensington as Unit 2C and a second unit, 2D. We weren't able to confirm which of the plat's lots make up Unit 2C, so confirm that the lot lies within the 28.722 acres of the declaration's Exhibit "A" (p. 41).
• The Reserve's declaration will show in the search. This land was under The Reserve's 1987 declaration (OR 5241/1825) until the release recorded on 25 February 1994 (OR 7301/617, p. 2). See the title points below.
• Ask which tracts were conveyed. The plat says Parcels "B-1" and "B-3" and Tracts "C" and "D-2" "shall be conveyed" to Kensington's association, Parcel "B-2" and Tract "D-1" to the Tampa Palms Community Development District, which accepted them on the plat, and Parcel "A" and Tract "E" to The Reserve's association (PB 73/43, sheet 2). The declaration has the same plan, and whatever the Declarant has not conveyed it remains responsible for maintaining (Declaration Art. III § 1, p. 7). None of the deeds is in our set, and we weren't able to confirm which tracts were conveyed.

Yes, for at least a year at a time. "Each lease must require a minimum of one year lease term and each Unit shall not be leased more than one time per year, without the express written consent of the Board of Directors" (Declaration Art. V § 5, p. 15). The owner gives the Board written notice within 10 days of signing a lease, as for a sale (p. 14). The Board's consent is needed only for a shorter term or a second lease in the same year; it does not approve tenants.

The master's rule applies as well: no rental, listing or online advertising of a home for less than 180 consecutive days in the single-family villages the master declaration names, and Kensington is one of them (master declaration Art. XII § 14, OR 24716/383, p. 2; master page). The master lets a village restrict rentals further, and Kensington's one-year minimum is the stricter rule.

Both rules were recorded before 1 July 2021: Kensington's in its 1994 declaration, the master's in 2017. No Kensington leasing amendment is in our set, and we weren't able to confirm whether one has been recorded. One adopted after 1 July 2021 would generally bind only owners who take title after it or consent to it (Fla. Stat. § 720.306(1)(h)), and we hold nothing for Kensington recorded after 1994, so for an investor buyer we search forward before saying what applies.

• Kensington was annexed to Tampa Palms by name. On 6 June 1994, 75/275 Corp., as Declarant, recorded a Certificate of Amendment that "hereby annexes, subjects, and submits" the land "known as Tampa Palms Unit 4A2C which is now known as Kensington at Tampa Palms", described as subject to the Kensington declaration at "O.R. Book 7301, Page 553", to the master declaration, its 1986 Supplemental Declaration (OR 4754/925) and TPOA's jurisdiction. Sun Bank of Tampa Bay joined as mortgagee (OR 7417/1292, pp. 1–2, 4–5). It is the only annexation in our set that names its village, and it adds no use restriction or minimum house size of its own. The Kensington declaration had already said that every owner "is automatically a member of the Tampa Palms Owners Association, Inc." (Declaration Art. XIII § 16, p. 37).
• Three months between the two. Between 25 February and 6 June 1994 nothing in our set submits this land to the master declaration, though the Kensington declaration assumes it (Art. XIII § 16, p. 37), and we weren't able to confirm that anything did. That matters only for anything recorded in that interval.
• Questions about the annexation itself. The master declaration required a Veterans Administration determination "Prior to any annexation under this Section 1" (master declaration Art. VIII § 1, OR 4753/1345, p. 20), and the 1994 certificate recites none. 75/275 Corp. took only such Declarant's rights as SWF South Limited Partnership and SWF Country Club Limited Partnership had, "to the extent assignable, if any" (OR 6844/932, pp. 1, 4; OR 6928/476, pp. 1, 4), and SWF South's rights covered only the land in the 1990 assignment to it (OR 5905/1207, p. 1); we weren't able to confirm whether Kensington's land was in it. Both are questions for underwriting; the master page sets them out for every 1994–95 annexation.
• The release from The Reserve is open to question. 75/275 Corp. released "Tampa Palms 4A Unit 2C (Kensington)" from The Reserve's 1987 declaration by a Second Amendment recorded the same minute as the Kensington declaration, one file number after it (OR 7301/617, pp. 1–2, 5). It used the Declarant's power to amend alone "so long as the Class 'B' membership exists" (The Reserve's declaration Art. XIV § 4, OR 5241/1825, p. 21). The Reserve's association joined (OR 7301/617, p. 3), but no owner vote is recited. If the release were ineffective, Kensington lots would also be under The Reserve's declaration, with its 3,700 square foot minimum and its assessments. A question for underwriting.
• The plat was filed after the declaration. The City of Tampa approved the plat of Tampa Palms 4A Unit 2C/2D by Resolution 93-0368, and 75/275 Corp.'s subdivision agreement for it by Resolution 93-0367, recorded together on 22 March 1994; the plat resolution requires the subdivider to record subdivision restrictions (OR 7331/602, pp. 2–3). The agreement resolution was recorded again on 1 July 1994, numbered "94-0367", with the signed agreement (OR 7444/1890); we weren't able to confirm why it was recorded twice. The plat dedicates the private drainage and access easements in Blocks 13, 14 and 15 and Tract "D-2" to Kensington's association, for the lot owners in those blocks, as its perpetual maintenance obligation (PB 73/43, sheet 2). We weren't able to confirm which lots make up Unit 2C, or whether Unit 2C on the plat matches the declaration's Exhibit "A" (p. 41).
• Private streets, and how Kensington is reached. The association maintains the Common Area, "including … all landscaping, roads, utilities, and improvements" (Declaration Art. IV § 1, p. 11), and keeps reserves in every budget for "all private streets and all private water, sanitary sewer, and stormwater drainage facilities" (Art. III § 7, p. 9). No amendment may diminish that responsibility "without the consent of the City of Tampa" (Art. XIII § 4, p. 34). We weren't able to confirm the City's approval of private streets, an owners' road easement, or any right of Kensington owners over The Reserve's streets, gate or common area; nothing in our set shows them. The declaration mentions The Reserve twice: the Declarant "may operate a construction gate … to The Reserve until 90% of the Units are constructed within the Community" (Art. V § 28, p. 19), and Parcel "A" and Tract "E" were to go to The Reserve's association (Art. III § 1, p. 7). We weren't able to confirm how Kensington is reached; it is a question to put to the association.
• The Kensington lien and lenders. Once a Notice of Lien is recorded, the lien is "prior and superior to all other liens, except (a) all taxes … (b) a lien or charge for any first mortgage of record … made in good faith and for value unless recorded after Association's lien; (c) a lien for assessments or other charges of the Master Association" (Declaration Art. III § 10, pp. 10–11). A first-mortgage foreclosure extinguishes the lien for earlier payments, and "A first mortgagee shall become liable for all assessments which become due and payable subsequent to the sale or transfer" (p. 11). Chapter 720 separately limits a first mortgagee's liability (§ 720.3085(2)(c)). How these fit on a bank-owned sale is a question for underwriting.
• Fines. The Board may impose fines, collected as assessments, with no amount set (Declaration Art. XIII § 1, p. 31), after written notice and the chance of a hearing requested within ten days (By-Laws Art. III § 21, OR 7301/553, p. 59). A fine of less than $1,000 may not become a lien (Fla. Stat. § 720.305(2)), so the estoppel should list fines apart from assessments.
• Which rules control over the master's is unclear. The declaration says its "Article IV (Use Restrictions and Rules) and Article V (Architectural Standards)" control over the master declaration (Art. XIII § 16, p. 37), but in this declaration Article IV is Maintenance, Article V is Use Restrictions and Rules and Article VI is Architectural Standards. Otherwise the master's documents "shall be superior" (§ 20, p. 38), in a section that cites a "Section 16 of the Article XI" that does not exist, and disagreements are "resolved in favor of Tampa Palms Owners Association, Inc." (§ 17, p. 38). Where the two declarations differ on a use or design rule, which applies is a question for underwriting.
• Execution and the articles. The year of execution is left blank ("199_") and the Declarant's acknowledgment is undated; the mortgagee joined on 25 February 1994 (Declaration pp. 1, 39–40). The notary who took the acknowledgment also attested the Declarant's signature as Assistant Secretary (p. 39), and notarized articles the same notary had subscribed (Articles, p. 46). The recorded articles carry no Secretary of State filing stamp, and the registered agent's acceptance calls the corporation "The Kensington Homeowners Association, Inc." (p. 46). We weren't able to confirm the association's corporate name or its status with the Division of Corporations.
• Preservation. The declaration was recorded on 25 February 1994, more than 30 years ago. Covenants that predate a lot's root of title — a title transaction at least 30 years old — are extinguished unless an exception applies (Fla. Stat. § 712.04); an association preserves them by recording a notice (§ 712.05). We weren't able to confirm any notice preserving the Kensington declaration; none is in our set, and TPOA's preservation notices do not list the 1994 annexation certificate (Instr 2016049102, p. 2; Instr 2022575347, pp. 2–3). Whether the Kensington covenants, and the annexation, survive on a given lot turns on its chain of title, a question for underwriting.
• Not in our set, so we weren't able to confirm or obtain them: any amendment of the Kensington declaration; any preservation notice for it; any City of Tampa approval of the private streets and utilities; the deeds of Parcels "A" and "B-1" to "B-3" and Tracts "C", "D-1", "D-2" and "E" that the plat calls for; and the association's rules, budget and estoppel.

• The house. Single-family only, with at least 3,000 square feet of air-conditioned living space; the house, porches, garage, pool and accessory buildings may cover no more than 35% of the lot, and garages are entered from the side or rear (Declaration Art. V § 2, p. 13; Art. VI § 3(f)–(g), p. 22). Roofs are tile or other approved materials, with 40-year heavy dimensional shingles where architecturally appropriate (Art. VI § 3(c), p. 22).
• Two approvals for changes. Exterior changes go to Kensington's Modifications Committee, and are deemed approved if it does not act within 60 days (Art. VI § 2, p. 21). Its approval comes first and does not replace the master's (§ 5, p. 22).
• The owner insures the home. Each owner must carry all-risk casualty insurance for full replacement cost and liability insurance; the association insures no lot (Art. VII § 2, p. 25).
• Landscaping strips. An owner whose lot abuts a wall, lake or utility or drainage easement must perpetually maintain the landscaping the Builder or Declarant installed between the lot line and the easement, unless it is Common Area maintenance (Art. IV § 2, p. 12).
• Vehicles. Commercial vehicles, trucks, vans over 14 feet, RVs, campers, go-carts, boats and trailers must be kept entirely inside a garage. Owners may not park in the street rights-of-way, the association may tow, and non-owners may not park there overnight (Art. V § 4, p. 14).
• Other rules. No business that needs an occupational license without the Board's written approval (Art. V § 2, p. 13). Walls and fences need consent and "are highly discouraged" (§ 14, p. 17). No irrigation wells without the Declarant's approval (§ 17, p. 17), no soliciting (§ 20, p. 18) and no motors on the lakes (§ 22, p. 18). Customary household pets that cause no nuisance are allowed, and the association may limit their types and numbers (§ 7, p. 15).
• Assessments can rise without a members' vote. The Board alone may raise the annual assessment by up to 10% or the Tampa CPI increase, whichever is greater, not counting utilities, insurance, acts of God and reserves, and the budget takes effect unless a Majority of the Members disapproves it at a meeting (Art. III § 7, p. 9). The Board alone may levy special assessments of up to $1,000 per lot a year; more "must be approved by a meeting called for such purpose", and the declaration does not say by what vote, so we weren't able to confirm the vote needed (§ 4, p. 8).
• Amendments. A Majority of the Class "A" members may amend the declaration, with the Declarant's consent while it owns a lot held for sale or lease. TPOA's board must approve in writing any amendment that materially affects TPOA (Art. XIII § 4, pp. 33–34).

The fifth digit of the declaration's instrument number, 94048291, is faint on our copy and is read from the next number, 94048292 (The Reserve's Second Amendment); we weren't able to confirm it on the clerk's index.