Emerald Flats

Key facts from Emerald Flats's documents

Reflects the 2021 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (Recitals; Article 1; definition of Assoc)

Units / lots

19 units (19 lots, including 4 duplex units: Units 16A, 16B, 17A, 17B) (Section 1.3; definition of Unit in Secti)

Developer / declarant

BOAT WORKS INVESTMENTS LLC, a Florida limited liability company (Opening paragraph)

Governing law

Florida Statutes Chapters 617 and 720 (Homeowners Associations) (Section 5.6 (compliance with Chapters 61)

Assessments & dues

Not fixed; determined annually by Board based on budget (Section 6.3; Section 5.6)

Special assessments

Allowed when assessments insufficient or emergency; requires majority vote of Members at a meeting with quorum; while Declarant owns a Unit, Declarant's prior written approval required (Section 6.2(B))

Collections & liens

Unpaid assessments constitute a lien on the Unit; may be foreclosed like a mortgage; no foreclosure action until at least 30 days after written notice to Owner of intention to foreclose; lien lasts one year unless action commenced (Section 7.2; Section 7.3; Section 7.5)

Reserves & fees

Annual budget must include reserves for capital expenditures and deferred maintenance (dock repairs, boulder rip rap, road repair, sidewalk repair); can be waived or reduced by 1/2 vote of Voting Interests; Declarant waived reserves for fir (Section 5.7(A) and (B))

Fences

Front and side yard fences within front setback max 4 feet; remaining side and rear fences max 6 feet unless ARC approves otherwise; fence composition must be consistent with surrounding materials (Section 8.2(B)(vii))

Architectural approval

Yes, for any building, fence, wall, structure, exterior alteration, landscaping, color change; except improvements built by Declarant (Article 8 preamble; Section 8.2(A))

Signs & flags

prohibited except as permitted by ARC (Section 9.5)

Setbacks / home size

Units 1-15: at least 2,000 square feet of livable enclosed floor area; duplex units (16,17): each unit at least 1,600 square feet (Section 8.2(B)(v))

Maintenance

For Duplex Units, Association may replace roof and then levy Individual Special Assessment against that Owner for reimbursement; otherwise Owner maintains (Section 6.2(C)(i) and Section 5.10)

Use restrictions

yes (Section 3.6(E) (Common Properties perpet)

Voting & meetings

Each Unit entitled to one vote; Declarant holds special voting rights (can elect at least one director as long as owns a Unit; after turnover, votes developer-owned interests as any other Member except for reacquiring control) (Section 4.3; Section 4.5)

Amendments

Not fully detailed but references recorded amendment; Declarant determination of ambiguity binding (Section 2.1); amendment by Board and possibly membership vote (not specified in excerpt) (Section 2.1; Article 1 references amendm)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.