The Hamptons, Woodfield: 150 homes with association approval of every sale

Hamptons lots lie on the master's own plat, Woodfield Country Club P.U.D., Plat Book 54, Pages 79–88. Every one of the 150 is described "WOODFIELD COUNTRY CLUB LT n PHASE 2" (Property Appraiser), and the legal description never names The Hamptons. A lot number on that plat, not a subdivision name, places a home here, and we confirm it from the street address and the developer's deeds, which convey lots subject to The Hamptons' declaration (OR 5813/1103, p. 1).

The declaration itself is indexed by the Clerk as a deed, not as restrictions, which is why a search by document type misses it (OR 5064/12, 29 pages). It is made subject to the Master Declaration at OR 5037/1571 (OR 5064/12, p. 1).

The association's approval. Since 2022 the declaration reads: "No Owner may dispose of a Lot or any interest therein by sale, transfer or other conveyance without approval of the Association, except to another Owner" (Art. 10 § 1, OR 33640/1792, pp. 24–25). "Transfer" includes a gift, devise or inheritance, and any other kind of transfer is also subject to approval (§ 3, p. 29).

• Timing. The owner gives notice at least 30 days before the transfer, and the association must approve or disapprove within 30 days after it receives a completed application (§ 1(A)–(B), p. 25).
• Prepaid assessments. Instead of disapproving, the association may require the buyer to prepay six to twelve months of assessments as a condition of approval (§ 1(D)(7), p. 26).
• Delinquency. No sale is approved while the owner is delinquent in any payment owed to the association (§ 1(D)(8), p. 26).
• The certificate. Approval is given by a recordable certificate, which the owner records (pp. 29–30).
• Unapproved transfers. A sale, mortgage or other transfer that is not authorized is void unless the association later approves it; a judicial sale is not affected (§ 6, p. 30).
• Exceptions. Article 10 does not apply to lots the association owns, to an institutional or approved mortgagee acquiring or transferring a lot, or to public sales such as foreclosure, judicial or tax sales (§ 7, p. 30).

There is no right of first refusal in any Hamptons instrument we read. A mortgage needs approval too, unless the lender is an "Institutional Mortgagee" (§ 5, p. 30).

Then the master. Since 22 March 2022 the master declaration has also 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 (Art. X § 19, OR 33401/264, pp. 29–30). That binds every Neighborhood whatever its own documents say; The Hamptons' own rules apply alongside it. The master's rule also needs its Certificate of Compliance; The Hamptons' certificate and the master's were both recorded with a 2024 deed (OR 35069/938, pp. 3–4).

Before 2022 the declaration had no approval of sales, only a rule that membership changes on the recording of the deed and delivery of a copy to the association (Art. IV § 3, OR 5064/12, p. 5).

A capital contribution "equal to two (2) quarters of the then-current Annual Assessment, or such other amount established by the Board" (Art. 7 § 8, OR 33640/1792, p. 15). It is not an advance on assessments, and it is collectible like an assessment, with a lien and late fees. The association may decide not to charge it on a transfer to an owner's immediate family member, to a family trust, or for bona fide estate planning (p. 15).

The 2022 figure replaced the developer's working capital fund of two months' assessments (Art. VIII § 10, OR 5305/839, p. 4). The buyer also pays the master's working capital contribution.

Only with the association's approval, on the terms of Article 10 § 2 (OR 33640/1792, pp. 26–27):

• Every lease must be for a term of "not less than nor more than twelve (12) months".
• No lot may be leased more than once in any 12 consecutive months.
• "No transient tenancies are allowed", naming Air BNB and VRBO.

These rules came in on 16 June 2022. The restatement makes Chapter 720 apply "except with regard to Article 10, Section 2 relating to rental restrictions, which is governed by the applicable provisions of Chapter 720, Fla. Stat., as they existed prior to July 1, 2021" (Art. 11 § 10, OR 33640/1792, p. 33). That is, by its own terms the leasing rule is governed by the statute as it stood before Fla. Stat. § 720.306(1)(h) limited later rental amendments to owners who take title after them or consent. A buyer taking title now is bound by the rule either way. The 1986 declaration had given the association only a power to make leasing rules (Art. V § 1P, OR 5064/12, p. 10). The master's leasing rules apply on top.

Assessments are a continuing lien on the lot and the owner's personal obligation (Art. VIII § 1, OR 5064/12, p. 17). Since 2022, "the lien of the Association is effective from and relates back to the date on which the Declaration was recorded", citing Fla. Stat. § 720.3085(1) (Art. 7 § 1, OR 33640/1792, p. 13). The person acquiring title must pay what is owed within 30 days after the transfer (p. 14). We clear every balance on the estoppel at closing.

By two-thirds of the members present, in person or by proxy, at a duly held meeting, with the consent of the Master Association's Board; the certificate and the master's consent must be recorded (Art. 11 § 2, OR 33640/1792, p. 31). The 1986 text had required three-fourths (Art. X § 2, OR 5064/12, p. 25).

Pages 34–41 of the 2022 instrument are the restated by-laws, which the Board may amend by a majority of directors, subject to the master Board's approval, deemed given unless it rejects a change within 45 days; the master approved the restatement on 10 June 2022 (OR 33640/1792, pp. 41–42). The by-laws set a quorum of 30% of the voting interests, as the 2002 by-law amendment did (OR 33640/1792, p. 35; OR 14236/971). None of those pages deals with sales, leases or assessments.