The Sanctuary at Tampa Palms: HOA rules, fees and closing points

A second estoppel, and the seller's advance notice of the sale to the association, on the association's own form.

• Two estoppel certificates, from The Sanctuary at Tampa Palms Homeowners Association, Inc. and from TPOA. Owners have paid the master's assessments directly since 1989, so they are not in the Sanctuary budget (Declaration Art. VIII § 7, p. 15; First Amendment ¶ 2, OR 5691/1326, p. 2). Both estoppels go through University Properties, Inc., which the association's estoppel form names as its manager and TPOA's estoppel information sheet names as TPOA's financial agent and an issuer of Sanctuary estoppels (both not recorded). The association's form charges $250 if the account is not delinquent, $150 more if it is and $100 more for an expedited request, and its adopted FY 2026 budget sets the assessment at $240 a home a month (the association's estoppel form, p. 1, and FY 2026 budget, p. 1, both not recorded). We weren't able to confirm that these fees and the assessment are current. Chapter 720's estoppel statute sets its own delivery times and fee limits (Fla. Stat. § 720.30851).
• The advance notice of sale. "Using a fully completed form approved by the Board of Directors and payment of a fee, as determined by the Board of Directors from time to time, Owners selling or leasing their Lots must advise the Association prior to closing of a proposed sale or leasing of a Lot" (Declaration Art. XII § 25, p. 28). It is a notice, not an approval. TPOA's estoppel information sheet says TPOA's estoppel will note "a requirement for a fully filled out Form 26", which "Applies only to the Sanctuary", without saying what Form 26 is (not recorded). We weren't able to confirm that Form 26 is the notice form Art. XII § 25 requires. Get the current form and fee from the association early.
• The fee. No recorded document states the notice fee; the Board sets it (Art. XII § 25, p. 28), and we weren't able to confirm the current amount. A July 2003 board entry waived a new-owner "Processing fee" that "was $100, was reduced to $50", but it predates the 2016 text (Rules and Procedures, not recorded); we weren't able to confirm whether the waiver still stands. The association's estoppel form comes pre-marked with a $150.00 transfer fee and with no capital contribution or resale fee (the association's estoppel form, p. 2, not recorded). We weren't able to confirm what the $150 transfer fee is, whether it is the Art. XII § 25 notice fee, or whether it is charged now. No recorded version of the declaration charges any other transfer fee: the two-month Initial Reserve Fund applies only to the Declarant's first sale of each lot (Art. VIII § 8, p. 15, unchanged since OR 5666/10, p. 34).
• Ask the Sanctuary estoppel to list any fine, any individual assessment for maintenance the association did on the lot (Art. VII § 3, p. 14; Art. VIII § 4, p. 14), and any extra charge for a repaint color the owner asked for (Art. X A § 3(c), p. 18). Fines run up to $100 a violation, daily for a continuing one, but no more than $1,000 in the aggregate, after 14 days' notice and a hearing, and are treated as an Individual Assessment (Art. XIII (3), p. 29). A fine of less than $1,000 may not become a lien (Fla. Stat. § 720.305(2)).

The master's side is separate. TPOA's estoppel is ordered from its financial agent, University Properties, Inc. (TPOA's estoppel information sheet, not recorded), and the recorded master documents set no transfer or capital charge and require no approval of a sale or lease. The master page sets out its estoppel and what the buyer pays at closing.

Yes, but not in the first two years of ownership, and never for less than 180 consecutive days.

• The Sanctuary's rule. No lot may be leased or rented "during the first two (2) years of ownership" (Declaration Art. XII § 25, p. 27), and every lease needs the same advance notice on the Board's form, with its fee (p. 28). The bar was first adopted in the 2016 restatement; the 1989, 2003 and 2011 texts had no leasing limit (OR 5666/10, pp. 43–50; Instr 2003458700, p. 26; Instr 2011074313, pp. 31–32). The Sanctuary documents set no minimum term or cap of their own.
• The master's rule. The master declaration prohibits renting, listing or advertising a home for less than 180 consecutive days in the single-family villages it names, and The Sanctuary is one of them (master declaration Art. XII § 14, OR 24716/383, p. 2). See the master page.
• The master's 1988 supplement for Unit 4B says "The Builder is prohibited from constructing rental units on the Property" (OR 5441/1844, p. 1). It does not define "Builder", and it speaks of construction, not of an owner leasing a home; how far it reaches is a question for underwriting.

Both the two-year bar and the master's 180-day rule were recorded before 1 July 2021, the date Fla. Stat. § 720.306(1)(h) uses for rental amendments. Anything recorded after 3 January 2024 is not on this page, so for an investor buyer we search forward before saying what applies.

• Lots 24 to 32 and the 1988 lake tract. The 1988 plat dedicated Lake Tract "81" (0.35 acre) to the CDD "for the installation and maintenance of drainage facilities" (PB 65/21, sheets 1, 3). The replat neither shows nor mentions it; plotted against the replat's lot lines, it falls in the rear of Lots 25 to 32 and a sliver of Lot 24, up to about 67 feet deep (PB 65/21, sheet 3; PB 68/6, sheets 4–5). The CDD, by the Chairman of its Board of Supervisors, quit-claimed "LAKE TRACT '81'" to Related Homes of Tampa, Inc., the replat's owner, by a deed recorded 21 February 1989, a month before the replat (OR 5623/1799, pp. 1–2). City of Tampa Resolution 89-0410, recorded one minute before the replat, approved it and vacated the part of the 1988 plat described in its Exhibit A, on the applicants' owning that land (OR 5645/1099, pp. 1–2, 4). We weren't able to confirm whether that Exhibit A covers all of Tract 81, which needs a surveyor to plot it, or whether the CDD's board authorized the deed, since no board resolution is recorded with it; both remain questions for underwriting. On a sale of one of those lots the chain runs through the CDD's deed, and the survey should be checked against both plats.
• The master's 1988 supplement binds all 80 lots. It submits "Tampa Palms, Unit 4B" as platted at PB 65/21 to the master declaration, limits it to single- or multi-family dwelling units of at least 1,200 square feet of air-conditioned space, and carries the Builder's rental clause above (OR 5441/1844, pp. 1, 3). The replat covers exactly that land, so every Sanctuary lot lies within it (PB 65/21, sheet 1; PB 68/6, sheet 1); the 1994 amendment itself speaks of "Tampa Palms Unit 4B also known as the 'Sanctuary'" (OR 7303/953, p. 1). No Sanctuary instrument cites the supplement, and no preservation notice lists it, neither the Sanctuary's (Instr 2019204584, pp. 3–4; Instr 2024003517, pp. 1–2) nor the master's. Whether it is preserved is a question for underwriting; the master page explains which instrument binds the lot.
• Which text governs. The 2016 restatement incorporates the 1989 declaration and the 1989, 1994 and 1995 amendments, and says the 2003 and 2011 restatements "are withdrawn in their entirety" (Declaration p. 1). It was adopted by two-thirds of the votes eligible on 30 November 2015, the procedure the declaration requires, and is complete in itself (pp. 2, 32; OR 5666/10, p. 57). But the withdrawal sits in a recital, and the page range it cites is the whole 2003 recording, including that year's amendments to the by-laws and articles (Instr 2003458700, pp. 1, 34, 45). The restatement attaches the original 1989 articles and by-laws (Declaration pp. 38–55), while the 2019 notice still preserves the 2003 by-law and articles certificates (Instr 2019204584, p. 3). Whether the withdrawal is effective, and which by-laws and articles are in force, are questions for underwriting; if a closing turns on a vote, ask the association which by-laws it follows.
• Assessment changes without mortgagee consent. Article VIII "may not be amended without the consent of each mortgagee holding a first mortgage upon a Lot" (Declaration Art. XVI § 3, p. 31; the same since OR 5666/10, p. 57). The 2016 restatement changed it, adding 18% interest, a late fee of the greater of $25 or 5% (§ 1, p. 14) and a first-mortgagee safe harbor (§ 10, p. 16), and recites and attaches no mortgagee consent. Section 10 is also garbled: it speaks of "a first mortgagee who has joined the Association in the initial foreclosure" and caps its liability at "the lesser of one year of unpaid assessments or 1% of the original mortgage or such greater amount as provided by Chapter 720" (p. 16). Chapter 720 separately limits a first mortgagee's liability (§ 720.3085(2)(c)). How these fit on a bank-owned resale is a question for underwriting.
• The Sanctuary lien. Assessments, with interest, late fees, collection costs and attorneys' fees, are "a charge and continuing lien" on the lot and the owner's personal obligation (Declaration Art. VIII § 1, p. 14). The lien is perfected by recording a Notice of Lien and is junior to taxes, a good-faith first mortgage of record and "a lien for assessments or other charges of the Master Association" (§ 9, p. 15). The declaration does not address a buyer's liability for the seller's arrears; the by-laws make each owner responsible for assessments "coming due during his ownership" (By-Laws § 20.6, Declaration p. 53). A buyer is jointly and severally liable with the seller for assessments due up to the transfer (Fla. Stat. § 720.3085(2)(b)), so the estoppel, not the lien search, shows what is owed.
• A recorded court order. A 2014 stipulation and the County Court's order ratifying it, in the association's suit against an individual for a money sum, are recorded at Instr 2014062662 (pp. 1–3). They set a payment plan, name no lot and claim no lien; we weren't able to confirm whether the plan was paid, or the case dismissed or taken to judgment. It matters only where the seller, or an earlier owner in the chain, is the defendant; then we search the case for a final judgment, dismissal or satisfaction.
• Preservation and term. 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). The association recorded one on 14 May 2019 for the 1989 declaration and nine listed instruments through the 2016 restatement (Instr 2019204584, pp. 2–4), and its 2024 roof amendment is also a notice of preservation (Instr 2024003517, pp. 1–2). Neither lists the two 1990 joinders or the master's Unit 4B supplement. The declaration runs 30 years "from the date this Declaration is recorded", then renews in automatic 10-year periods unless owners of two-thirds of the lots record a change or termination at least 90 days before a period ends (Declaration Art. XVI § 1, p. 30). Counted from 13 April 1989, the first extension began on 13 April 2019; the 2016 text does not say whether it restarts the term, and we weren't able to confirm whether it does.
• The plat. Every lot has a 5-foot utility easement along its street frontage (8 feet on Serenity Circle) and reciprocal driveway easements with its neighbors; Lots 23 to 30 carry the CDD's 5-foot pond-bank easement; and Lots 35 and 36 have conservation-easement land at the rear (PB 68/6, sheets 1, 4–5). If the private drainage easements are not maintained, the City's costs of doing the work "shall constitute either an equitable or a special assessment lien on all property described in this plat" (sheet 1). The City released the 10-foot electric easement on the east side of Lot 42 in 1992 (Resolution 92-1464, OR 6728/1899, p. 1), and a surveyor's affidavit corrected the north boundary of Lot 5 from 101.60 to 99.82 feet (OR 5794/1308, p. 1).
• Encroachments. The 2½-foot easement for encroaching improvements does not burden the 25 "Excluded Lots": 2, 3, 8 to 13, 16, 24, 28, 47, 50, 51, 53 to 57, 61, 64, 67, 72, 75 and 80 (Declaration Art. V § 11, pp. 9–10, from OR 5951/1033, pp. 2, 4).
• Drafting slips in the 2016 text, the same in the recorded image: it calls itself the "Fourth Amendment" (Art. I ¶ 10, p. 3), leaves the Declarant proviso in its amendment recital unfinished (pp. 1–2), and defines the Excluded Lots as lots "described in Exhibit 'A'", which is the plat (p. 9).
• Not in our set, so we weren't able to obtain or confirm them: the first and second amendments to the articles, minutes of the 30 November 2015 meeting, any mortgagee consent to the 2003, 2011 or 2016 restatements, any amendment of the master's Unit 4B supplement, and certified copies of the plats.

• Who maintains what. The association paints each home's exterior on its own schedule, maintains (but does not repair or replace) walkways and driveways, and waters, fertilizes, mows and trims (Declaration Art. VII § 1, p. 13); an owner may ask for another approved color scheme at their own cost (Art. X A § 3, pp. 18–19). The owner maintains "his Residential Unit including the roof" and the pipes and lines serving only the lot (Art. VII § 2, p. 13).
• Roofs. Since 3 January 2024 a roof must be concrete tile, pseudo-slate style, of at least 900 lbs per roofing square, or composite faux slate tile with a Class A fire rating and Class 4 impact resistance, in Sanctuary Green or an equivalent color (Art. X B § 12, as amended by Instr 2024003517, p. 3). The board has since widened the color to "a range of dark green to blue green color tiles" (Rules and Procedures, 15 October and 19 November 2025, not recorded), and a 2004 board entry confirms the association will not pay for roofs (Rules and Procedures, 13 October 2004, not recorded). We weren't able to confirm that these board entries are current.
• The gate. Every version of the declaration since 1989 lets the Declarant build a guardhouse, which the association maintains once it is conveyed (Declaration Art. III A, p. 5; OR 5666/10, p. 13). The Declarant's 1994 amendment refers to "the front entrance gate to the property" and let the Declarant open it from 7 a.m. to 7 p.m. while it owned a lot (OR 7303/953, p. 1); that section was struck in 2003 (Instr 2003458700, p. 26). Neither plat shows a gate or guardhouse (PB 68/6, sheets 1–5; PB 65/21, sheets 1–3), and no recorded document conveys one or says who runs the gate or how access is controlled. The association's adopted FY 2026 budget has lines for gate electricity, an entry phone, entry systems and a guardhouse reserve (not recorded). We weren't able to confirm who owns and runs the gate.
• The private lake. Private Drainage Tract "A" is limited common area for the exclusive use of Lots 52 to 55, 59 to 63, 67 to 70 and 73 to 80 (Declaration Art. III B, pp. 5–6; First Amendment, OR 5691/1326, pp. 1–2). The CDD maintains the boulevard face of the wall behind Lots 35 to 50 (Declaration Art. V § 6, pp. 8–9).
• House rules in the declaration. No new walls or fences (Art. X B § 20(a), p. 22); concrete driveways only, without pavers or color (Art. X B § 2, p. 19); no play structures or basketball equipment (Art. XII § 22, p. 27); pets leashed outdoors and never left unattended, caged or tethered on a lanai or porch (Art. XII § 6, pp. 24–25); no street parking by owners, and no boats, trailers, RVs, commercial vehicles, vans over 14 feet or trucks over ¾ ton outside (Art. XII §§ 15, 20, pp. 26–27); one "For Sale" or "For Rent" sign, no larger than 2 feet by 2 feet 6 inches, of the TPOA type (Art. XII § 7(b), p. 25); and a home business only if it cannot be seen from outside and brings no visitors from outside the community (Art. XII § 2, pp. 23–24).