Briarcliff, Woodfield: the 2026 restatement, a two-quarter contribution and approved leases

Yes, and then the master does. Since 22 March 2022 the master declaration has required that every sale, transfer or conveyance of a Woodfield lot, including a gift, devise or inheritance, be approved by the Neighborhood association within 30 days and then sent to the master for final approval, with a fee of at least $100 (Art. X § 19, OR 33401/264, pp. 29–30). That binds Briarcliff whatever its own documents say. The restatement's use restrictions contain no sale-approval clause of their own (Art. IX, OR 36503/1721, pp. 24–31), and we found no right of first refusal; § 8.9 adds that payment of the resale contribution "shall be a condition of approval" (pp. 21–22). Pages 35–39 are Article XI, architectural review, and hold no sale-approval language either. None of the earlier instruments we read has one: not the 1995 declaration, read in full (OR 8838/429), nor the 2000 restatement's use restrictions (OR 12147/1002, §§ 9.1–9.16, pp. 25–31), nor the 2022 restatement, which added approval of leases only (OR 33542/401, read in full; its pp. 27–40 hold no sale-approval article, and p. 40 is the master's consent of 26 April 2022), nor pp. 26–28 of the 2026 restatement (§§ 9.6–9.14). The only related wording in either text is § 8.9's "condition of approval". We ask the association for its sale application on each file.

The master's approval and Certificate of Compliance and Club membership are required in every case.

Section 8.9 of the 2026 restated declaration has two paragraphs on what a buyer pays, both set at two quarters (OR 36503/1721, pp. 21–22).

• The first paragraph (pp. 21–22) has the Board establish a working capital fund, "which shall currently be in an amount equal to two (2) quarters of the annual Assessment for each Lot and shall be collected from each Lot purchaser at the time of conveyance of the Lot to such purchaser". The Board may change the amount "upon the affirmative vote of seventy-five percent (75%) of the Board", and may defer it until a lot is conveyed to a purchaser of a completed dwelling. Amounts paid in are not advance payments of assessments.
• The second paragraph (p. 22) reads: "Upon the resale of any lot in the Briarcliff community, the purchaser shall make a capital contribution to the Association in an amount currently set to be equal to two (2) quarters of the annual assessment for each lot." It is measured by the last quarterly maintenance assessment that came due before the transfer, may be used "for any purpose for which the Association may otherwise expend funds", and is paid at the transfer of title. "Payment of this resale contribution to the Working Capital Fund by the purchaser shall be a condition of approval." An unpaid contribution may be liened like an assessment, with interest, costs and fees. A transfer from an owner to a trust whose trustee is the owner or a member of the owner's family is not a transfer for this section.

The text can be read two ways. Read as one charge, the second paragraph restates the first for resales: it calls its charge "this resale contribution to the Working Capital Fund", sets the same two quarters, and adds the approval condition, the lien and the trust exemption, while the first paragraph also covers first sales from the developer. Read as two charges, the second paragraph creates a separate "capital contribution to the Association" with its own use clause and its own way of computing the amount, and it says "currently set" without referring to the Board's 75% power in the first, so a resale buyer could be billed under each. The record does not settle which reading the association applies. Our working rule: the estoppel certificate must state whether one or two charges apply and the amount of each, and we collect what it states; if it is silent, we ask the association in writing before closing. The buyer also owes the master's working capital contribution.

Yes, with two approvals (§ 5.1.9, OR 36503/1721, pp. 10–11):

• Approval first. "Leases and occupancy by tenants shall not commence until after the prospective lessee and/or Lot Owner submits a completed lease application to the Association and the Association has approved it." The application is due 30 days before the lease begins; the association decides within 30 days, and an approved lease goes "to the Master Association for review and final approval."
• Term and number. "a term of not less than six (6) months nor more than one (1) year", and "No Lot shall be leased more than one (1) time in any twelve (12) consecutive month period". Renewals need Board approval, and subleases are not allowed.
• Money. An application fee "in no event less than One Hundred Dollars ($100) per applicant"; a security deposit of one month's rent or two quarters' assessment, whichever is greater; and, for each approved lease, a contribution of "no less than two (2) quarters of the Association's annual assessment".

The restatement was recorded on 7 May 2026, after the 1 July 2021 cutoff in Fla. Stat. § 720.306(1)(h). Any new rental limit in it binds owners who took title after it or who consented; the six-month minimum binds everyone. Every buyer now takes title after it. The 1995 declaration had no lease approval, only a Board power to make leasing rules (§ 5.1.9, OR 8838/429, p. 9). The 2022 restatement added approval within 30 days, terms of six months to a year, one lease in 12 months, an application fee of at least $100 and two quarters' contribution per lease (§ 5.1.9, OR 33542/401, pp. 11–12), so those limits date from 9 May 2022. The 2000 restatement has no leasing section; its only mention of renting is § 9.11, which bars "For Rent" signs (OR 12147/1002, p. 29). The master's leasing rules apply on top.

The lien takes effect when a claim of lien is recorded (§ 8.11, OR 36503/1721, p. 22). "A Lot Owner is jointly and severally liable with the previous Lot Owner for all unpaid assessments ... except as provided under law pursuant to Section 720.3085" (§ 8.12, p. 23). The declaration is amended with the master Board's consent and "the affirmative vote of a majority of the members" (§ 10.2, p. 32).

• The plat citation. The restatement prints the plat as "Plat Book 75, Page 580-82" (§ 2.1, p. 5); the plat is Plat Book 75, Pages 80–82.
• Plat 2. A 1997 replat, Plat Book 79, Page 59, holds Lot 90A. The Property Appraiser lists Lot 90A as a 0.01-acre right-of-way buffer strip, not a home, still owned by the builder entity. A closing on a neighbouring lot should not assume the strip comes with it.
• Earlier amendments. The 1997 to 2022 instruments are summarised in the table. The 1995 declaration charged each purchaser from the developer working capital of two months' assessments (§ 8.10, OR 8838/429, p. 18) and was amended by two-thirds of the members with the master's consent (§ 10.2, pp. 23–24). The 2000 restatement first added a resale contribution, of two months of the annual assessment, measured by the last quarterly assessment before the transfer, paid by the purchaser, secured by a lien, and not owed on a transfer to a trust of the same owner or the owner's family (OR 12147/1002, pp. 24–25), and lowered the vote to amend to a majority (§ 10.2, p. 32). The 2022 restatement raised it to two quarters and made payment "a condition of approval" (§ 8.9, OR 33542/401, p. 22); the 2026 text keeps that. The 2022 restatement reserves to the master's Board "the absolute and unconditional right to alter, modify, change, revoke, rescind, or cancel any or all of the restrictive covenants contained in this Declaration" (§ 10.3, OR 33542/401, p. 33). The 2026 text keeps it (§ 10.3, OR 36503/1721, p. 33), adding that "Nothing herein shall prejudice or otherwise impair the security of any mortgage"; an amendment takes effect no earlier than 60 days after recording (§ 10.2, p. 32).
• Architectural review. Exterior work needs the ARC's prior written approval, with application fees of $25 to $500 and security deposits of $1,000 to $5,000 by category, and a $500 fine for each improvement begun without approval (Art. XI, OR 36503/1721, pp. 35–39). The ARC may withhold review while an owner owes the association more than 30 days in arrears (§ 11.3.2(a)).
• The old right of first refusal. Briarcliff is in the land the master's Third Supplemental Declaration added in 1994 (OR 8145/1577), which gave the developer a right of first refusal on a lot without a house. The 2010 restated master declaration struck it (OR 23721/1800, pp. 39–40), so it no longer applies.