Somerset, Woodfield Country Club: a one-quarter resale contribution and a sale rule at odds with the master

A capital contribution to Somerset: "On each resale of a Lot the new purchaser shall contribute and be charged a capital contribution to the Association equal to the amount of the last quarterly assessment charged against the Lot being resold" (Art. V § 13A, OR 11241/692, p. 2, recorded 20 July 1999). Transfers to the owner's trust or immediate family are exempt. The 1995 declaration's contribution applied only to the developer's first sales (OR 8651/470, p. 11). The buyer also pays the master's resale working capital contribution and the prorated Somerset assessment shown on the estoppel.

Somerset's own documents and the master's say different things, and we say so plainly.

The master. 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).

Somerset. The 1995 declaration had a sale and lease approval in Art. XX, conditional on a recorded notice of election (OR 8651/470, p. 32); we found no such notice. In 1998 the developer's amendment took sales out of Art. XX altogether, leaving it to govern leases (OR 10636/20, pp. 11–12). In 1999 the owners put sales back, but only as notice: "In the case of a sale, the potential buyer must execute a written notice to the Association that the purchaser has received, read, and understands, the Association Documents and the current Rules and Regulations", and "Provided that the purchaser has made the written representation required in the preceding paragraph, there shall be no further screening or approval process applicable to sales of homes" (Art. XX § 1, OR 11241/692, p. 3).

So Somerset's own text conflicts with the master's 2022 § 19. Which governs a Somerset sale is a question we put to the underwriter and to counsel on each file; we do not answer it here, and nothing on this page is legal advice. Our working rule: we ask Somerset for the buyer's signed acknowledgment and for its approval under the master's rule, and the master's approval and Certificate of Compliance and Club membership are required in every case. Obtaining both satisfies either reading, and the underwriter and counsel sign off on the file.

Yes, with Somerset's approval. The 1998 amendment raised the minimum lease from 30 days to 90 days and allowed one lease a year (OR 10636/20, pp. 11–12). Under the 1999 amendment the association approves or denies a lease within seven days after receiving notice of it (Art. XX § 1.b, OR 11241/692, p. 3). No separate Board leasing rule or resolution, and no lease or application fee, is recorded under Somerset's name; the leasing terms are all in the declaration amendments, and we found no waiting period. Both amendments predate the 1 July 2021 cutoff in Fla. Stat. § 720.306(1)(h). The master's leasing rules, six months to a year with two approvals, apply on top.

• Lien. Each lot carries a lien for assessments, with interest after 10 days, a late charge after 20 days and acceleration after 30 (OR 8651/470, p. 12; OR 15128/401, pp. 1–2). A claim of lien needs 30 days' mailed notice. Since 2003 the Board may require up to two quarters in advance on accounts more than two quarters delinquent with a lien in place (OR 15128/401).
• Successors. "Each successor in title to such Owner shall be jointly and severally liable with any former Owner for any delinquent Assessments", "subject to the provisions of this Declaration protecting Institutional First Mortgagees and the Declarant" (Art. V § 1, OR 8651/478). We ask the estoppel for any balance.
• Foreclosing lenders. Art. XIII uses Mayfair's wording: an Institutional First Mortgagee that takes title by foreclosure "shall not be liable for Assessments pertaining to such Unit which became due prior to the acquisition of title unless such Assessments are secured by a Claim of Lien which was recorded prior to the recording of such mortgage", and its mortgage has priority if recorded before a claim of lien (§§ 1 and 3, OR 8651/492). It may resell or lease without the Board's approval (§ 2) and may ask for notice of defaults not cured within 60 days (§ 4). That is fuller than the limited safe harbor in Fla. Stat. § 720.3085; which governs on a file is for underwriting, and this is not legal advice.
• Amendments. The 1998 amendment lowered the vote to amend after turnover from two-thirds to "fifty percent (50%) of all Lots", with a majority of the Board (Art. XXIII § 1b, OR 10636/20, p. 12); the 1999 and 2021 amendments cite it. The 2003 amendment recites two-thirds instead (OR 15128/401, p. 2), and was adopted by two-thirds in any case.
• Roofs. Since 2021 owners may replace roof tiles with original "S" or flat tiles, with committee approval (OR 32952/506, pp. 1–2).
• Pets. One dog or two cats, 25 pounds at most (OR 8651/470, p. 19).
• Open space. Parcel D is owned by the master association (Property Appraiser).