Hamilton Place, Woodfield: 80 homes, lease approval and a quarter's contribution

The Second Amended and Restated Declaration, OR 24636/924, 30 pages, adopted at the 2011 annual meeting and approved by the Master Association's Board. It supersedes the original declaration made by C.M.H., Inc. in 1989 (OR 6056/257) and the first Amended and Restated Declaration of 1994 (OR 8322/1328), with that restatement's amendments (OR 24636/924, p. 3). Those amendments restated the articles, by-laws and architectural criteria (1994), dealt with pools (1995) and satellite dishes (1996), added the resale capital contribution (1999), changed officers' terms, elections and board size (2002, 2004, 2008), and renumbered the restrictions article and rewrote its vehicle rule (2004). None of them requires approval of a sale. We read the 1989 original's restrictions (Art. VIII §§ 1–23, OR 6056/257, pp. 16–20), which only ban "For Sale" and "For Rent" signs (§ 10, p. 17); the Second and Third Amendments (OR 8708/571; OR 9350/973); and the 1994 by-laws (Exh. B, OR 8502/764, pp. 17–23), which the directors amend by majority vote, with the developer's written consent to any amendment affecting it (Art. XII, p. 23). None has a sale-approval clause.

In 1994 C.M.H., Inc. quit-claimed Tracts A through J to the association (OR 8235/667, p. 1).

Approval by the association, then by the master. Hamilton Place's own documents set no approval of sales and no right of first refusal by the association: the 2011 declaration's restrictions article has none (Art. VIII, OR 24636/924, pp. 19–22), the 1994 articles give no such power, and the 2018 approval covers leases only. Since 22 March 2022, though, 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 Hamilton Place whatever its own declaration says. A certificate recorded with a 2024 deed approves the buyers "pursuant to the provisions of the Declaration of Covenants and Restrictions", naming no clause (OR 34993/438, p. 3); the master's rule is what supports it. We ask for the approval on every file. The master's rule also needs its Certificate of Compliance.

The declaration repeats that Club "Membership is required of all purchasers of residences in Woodfield Country Club P.U.D." (Art. XII, p. 28); see Club membership.

No longer. The master's Fourth Supplement (1994) gave the developer a right of first refusal on Lots 1–11, 20–49 and 55–80 "upon which a dwelling has not been constructed (and a Certificate of Occupancy issued therefor)" (OR 8235/361, pp. 1–2). The 2010 restated master declaration struck the whole of that article (OR 23721/1800, pp. 39–40), and the 2022 amendment removed any remaining developer rights (OR 33401/264, p. 2). It does not apply to any Hamilton Place lot, built or vacant.

A capital contribution of "one quarterly maintenance assessment installment". Since 2018 the declaration reads: "Upon the resale or each lease, of any lot, including the renewal of any such lease, ... the purchaser of the Lot, or in the case of a lease, the Owner of the Lot, shall make a capital contribution to the Association" (Art. V § 15, OR 29659/327, p. 4). The contribution began in 1999, at "66.66% of a quarterly maintenance assessment installment" on each resale (OR 10894/1176, p. 2), and has been one full quarter since 2018. A transfer to a trust of the owner or to family is exempt.

The 1989 declaration's three-month working capital fund applied only to the developer's original sale of each lot (Art. V § 15, OR 6056/257, p. 12). The buyer also pays the master's working capital contribution.

Yes, with approval. The 2018 amendment added Article XIV (OR 29659/327, pp. 5–7):

• "Owners may lease their Lots upon obtaining the written approval of the Association prior to the commencement of the lease date."
• Every lease is in writing, for not less than six months nor more than twelve months. Subleasing is not permitted.
• The application is due 30 days before the lease, with a fee and an interview, and the Board may reject "based upon good cause"; the refusal factors include a felony within 10 years, an eviction within 2 years and unpaid charges.
• The owner pays one quarter's capital contribution for each lease and renewal (Art. V § 15).

These rules were recorded on 20 February 2018, before 1 July 2021, so Fla. Stat. § 720.306(1)(h), which limits later rental amendments to owners who take title after them or consent, does not narrow them. The master's leasing rules apply on top.

"The lien of the Association shall be effective from and relate back to the recording of the original Declaration" (Art. V § 11, OR 24636/924, p. 13). An owner, however title was acquired, including at a foreclosure sale or by deed in lieu, is liable for assessments that come due while an owner, and jointly and severally liable with the previous owner for unpaid assessments up to the transfer (§ 12, p. 14). A first mortgagee's liability is limited to the lesser of 12 months' assessments or "One percent of the original mortgage debt", and only if the association was joined in the foreclosure (§ 13, p. 14). Fla. Stat. § 720.3085 also governs a homeowners' association lien.

By "approval by Owners holding not less than two-thirds (2/3) of the voting interests of the membership of the Association and the consent of the Board of Directors of the Master Association" (Art. XIII § 7, OR 24636/924, p. 29). The 2018 amendments passed under that rule, with the master's approval (OR 29659/327).