Shearwater Homeowners Association, Inc.

Key facts from Shearwater Homeowners Association, Inc.'s documents

Community type

planned community (not a condominium under Florida law) (Section 1.1)

Units / lots

Not explicitly stated; reference to "Lots" throughout, and 90% of Lots in all phases for Class B control termination (Section 6.3(b)(i))

Developer / declarant

WFC Ashford Mills Owner VII, L.L.C., a Delaware limited liability company (Page 1, introductory paragraph)

Governing law

Florida law; references Chapter 720, Florida Statutes (Sections 6.3(b)(iii), 1.3)

Assessments & dues

Board determines annual budget and allocates Common Expenses to all Lots; may be based on equal shares or other reasonable method (Section 8.1)

Special assessments

Yes, permitted under Section 8.3; special assessments may be levied for capital improvements or other purposes (Section 8.3)

Collections & liens

Yes; the Association has a lien for unpaid assessments, which may be foreclosed. Also Benefited Assessments may be collected as liens. (Section 8.8 (Lien for Assessments))

Reserves & fees

Board may budget for reserves as it finds necessary or appropriate (Section 8.2) (Section 8.2)

Pets

Not explicitly stated in this Declaration; likely allowed but subject to restrictions; not in provided text.

Leasing & rentals

Yes, subject to restrictions; principal dwelling may be leased only in entirety; detached guest house may be independently leased. (Section 3.1(b))

Fences

Not specifically detailed; subject to Design Guidelines and Reviewer approval.

Architectural approval

Yes. No structure, improvement, or work (including clearing, grading, exterior alterations, landscaping) may take place except in compliance with Article IV and Design Guidelines. (Section 4.1)

Home business

Allowed only if not apparent from outside, complies with zoning, no regular client visits, consistent with residential character; Board must approve. (Section 3.1(a)(i)-(iv))

Signs & flags

Political signs: Association shall not regulate content, but may regulate time, place, manner (including design criteria). (Section 3.5(b))

Maintenance

Owner must carry property insurance on improvements on Lot; Association may assume insurance but not obligated (Section 5.2). Repair/reconstruction after damage per Section 5.2. (Section 5.2)

Insurance

Deductible treated as Common Expense unless due to negligence or willful misconduct of Owner(s), then may be assessed as Benefited Assessment against that Owner. (Section 7.3(b))

Use restrictions

Lots shall be used primarily for residential and related purposes; home businesses restricted (Section 3.1(a)) (Section 3.1(a))

Voting & meetings

Two classes: Class A (one vote per Lot, except exempt properties); Class B (Declarant, does not vote but appoints majority of Board during Control Period). Co-owners share privileges but one vote per Lot. (Section 6.3)

Amendments

By Declarant: Declarant may amend until it owns no property; thereafter by Members: at least 75% of Class A votes must consent (Section 18.1, 18.2). Also specific amendment provisions for Use Restrictions (Section 3.4). (Article XVIII, Section 3.4)

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