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The approval, and the fee, on a house

Buyers who move from a condominium to a house usually expect one thing to disappear: the board. In several Miami communities it does not. Membership in the association is mandatory the moment you own, an initiation fee falls due before the transfer rather than after it, occupants are approved separately from owners, and the architectural committee decides what you may build. It is the condominium approval process wearing a different name, and it is written down in documents you can read before you offer.

Published

This site covers condominium association approval in detail, because on a condominium everybody expects it. On a house almost nobody does, and that is where it costs money and time. Two communities below publish their own documents, so the figures are quoted rather than described.

1. Sunset Islands 3 and 4: mandatory membership, and a fee before the transfer

The association's own sales package states that "all owners of property located on Sunset Islands 3 or 4 shall be members in the Association." There is no opting out by buying rather than joining.

The initiation fee is the number that surprises people, and it falls due at the wrong end of the deal for a buyer who has not planned for it. The document sets it at "Twenty Thousand Dollars ($20,000.00) or 30 basis points (numerically expressed as .003) of the purchase price of the Property, whichever is greater, prior to the transfer to the Property."

Read the "whichever is greater" carefully. Thirty basis points is 0.3 percent, so the $20,000 floor governs up to a purchase price of about $6.67 million, and above that the percentage takes over. On a $12 million house the initiation is $36,000. On a $20 million house it is $60,000. That is a closing cost, it is not negotiable with the seller, and it is not in anybody's estimate unless somebody asked.

The application must be "completed and returned in full including the required notarization on the Membership Agreement along with the appropriate Membership Initiation Fee and a complete executed copy of the sales agreement." A notarization and an executed sales agreement are not same-week items. The association is administered through Trident Management.

Ask for the transfer figure in writing, itemized, before you sign. An initiation fee, a capital contribution, a working-capital assessment and a transfer fee are four different things and a community may charge more than one. The number that matters is the total due at or before closing, in writing, from the association or its manager — not an estimate from anybody who is being paid on the sale.

2. Gables Estates: approval to reside, and a board that reviews the building

The Gables Estates Club rules are more far-reaching than a fee. Rule 17 states that "all persons residing in a home within the Gables Estates Club must be a Member or an approved occupant." Original members are those listed on the original membership application; everyone else must "apply for membership and be approved as a resident or tenant."

So the approval is not only about who buys. It reaches who occupies, which matters to an owner who intends to let the house, house a family member long-term, or simply own it through an entity.

Construction is governed too, and in specific terms:

3. What an approval process may and may not do

An association's approval process is a private governance mechanism and it still operates inside federal law. The Fair Housing Act applies to it. A community may set and enforce procedural requirements — an application, a fee, a notarized agreement, an architectural review — and it may not use approval to discriminate on a protected ground. If an approval process ever feels as though it is turning on something other than the paperwork, that is a question for a lawyer rather than for an agent, and it is worth asking early rather than after a denial.

What this page is telling you is narrower and entirely practical: the requirement exists, it is documented, it costs money and calendar time, and it is knowable before you write an offer.

4. The thing this is not: a security guard taxing district

Buyers routinely confuse a private association with a Miami-Dade Security Guard Special Taxing District, and the two behave nothing alike. A special taxing district is a government district. It is created by county ordinance, and its assessments are collected in the same manner and at the same time as ad valorem property taxes — they arrive on the tax bill, not from a manager. There is no membership, no application, no initiation fee and no approval to reside.

So "gated" tells you almost nothing on its own. The question is which mechanism is behind the gate, because one of them can require an application, a notarized agreement and a five-figure payment before your closing, and the other simply appears as a line on a tax bill.

5. How to find out, before you offer

Name the community and she will find out what it requires. Whether there is a mandatory association, what falls due at transfer, whether occupants are approved separately, and what the architectural committee controls — from the governing documents, before an offer rather than during an escrow. If the answer changes the deal, that is worth knowing while you can still act on it.

What this page does not cover

It covers two communities because those two publish documents that can be quoted. Several others in this market run comparable arrangements — La Gorce has had a homeowners association governing since 1946, Allison Island has three registered associations, and Bay Point runs privately owned roads with its own property owners association — and this page deliberately does not state what any of them require, because we have not read their documents. An assumed transfer fee is worse than no figure at all.

It is also not legal advice. These are private governing documents and their interpretation, and any question about whether a particular requirement is enforceable against you, belongs with a Florida real estate attorney.

Sources

Every figure on this page traces to one of these. Where a rule changed, the date it changed is stated.

  1. Sunset Islands 3 & 4 Property Owners Association sales packageSunset Islands 3 & 4 POA, via Trident Managementretrieved
  2. Gables Estates Club rules and regulationsGables Estates Club, Inc.retrieved
  3. Security Guard Special Taxing Districts — special assessment districtsMiami-Dade Countyretrieved

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