• As a homeowners’ association director am I required to take a board certification class?

      Directors elected or appointed after July 1, 2013, to the board of a homeowners’ association, which meets the definition of section 720.301(9), Florida Statutes, are required to either certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members; or the director may submit to the association an educational certificate from a Division of Florida Condominiums, Timeshares, and Mobile Homes’ approved education provider attesting that the director has completed the educational curriculum. 

    • Our HOA is part of a PUD. What is a PUD?

      PUDs are communities of homes, which can include single-family homes, condos, commercial property like retail stores or all of these property types. The most common kind of PUDs, however, are comprised predominantly of single-family homes. Like a condo project, a PUD will be operated by a homeowners association (HOA) to which every homeowner contributes monthly or quarterly fees based on their percentage ownership in the overall project. And also like a condo project, those HOA fees go toward covering amenities and maintaining services associated with that PUD.

      Amenities can include parks, playgrounds, pools, tennis and basketball courts, hiking trails,private gated common land and street lights. Services can include street cleaning, landscaping and security.

      All of these amenities and services are for the exclusive private use of homeowners within that PUD.
      Like condos, PUDs are also governed by a set of rules and restrictions specific to each community. There isn’t a specific set of rules that governs all PUDs, so if you’re buying a home in a PUD, you need to review all of the HOA documents that are part of that PUD, including:

      • Budget
      • Bylaws
      • Covenants, Conditions and Restrictions (sometimes called CC&Rs or declarations)
      • Articles of incorporation
      • Anything else related to PUD noted on title report

      Reviewing the budget will help you understand the full cost structure of the PUD, and determine how much shared community maintenance will need to be kept up over the years. This will help you make decisions on whether a PUD is right for you and your budget. For example, maybe you’re looking at a detached home in a PUD, and find the dues to be expensive for amenities you don’t intend to use.

      Or maybe you can find a single-family home that’s not a PUD, yet offers similar public amenities nearby such as pools, parks or playgrounds.

      In these cases, you might choose to forego the PUD’s HOA dues and just buy a single-family home.

      On the other hand, you may opt for buying a home in a PUD because a PUD’s HOA dues offer perks like yard maintenance and extra security to keep your kids safe when they’re out in the neighborhood with their friends.

      As for the bylaws and CC&Rs, those documents tell owners what they can and can’t do. They might restrict pets, the ability to run businesses of a certain size out of your home, or the number of cars you can park on the street. They may even get as specific as stating that if your car leaked oil on your own driveway, the HOA could fine you.

      Again, you’ll need to read all these documents to determine whether that specific PUD is right for you. And remember, all PUDs are different, so each one will have its own set of rules and restrictions.

    • I noticed on our PLAT Map an area referred to as PAMP. What is a PAMP?

      Martin County has enacted wetland and upland protection measures to preserve wetlands and native upland habitats and maintain their ecological functions. The Growth Management Department is responsible for the implementation of these protective measures.

      All wetlands in Martin County are protected. A 50 foot buffer zone (75 feet if the wetland is connected to waters of the State) is required around wetlands to provide an upland transition area which can protect the wetland from negative impacts. Where possible, these buffers contain native upland habitat. If no native vegetation is present in the buffer zone, then planting of appropriate vegetation is required in accordance with a site-specific Preserve Area Management Plan (PAMP).

      Upland protection measures have been implemented in Martin County to prevent the loss of native upland habitats to development or to the spread of exotic invasive plant species. All parcels of land that have been platted since February 1992, and all Planned Unit Developments, large commercial projects and subdivisions are now required to preserve up to twenty-five percent of the total common native upland habitat or twenty-five percent of all unique, endangered, threatened or rare native upland habitats. In addition, each of these types of developments is required to provide a PAMP detailing an environmental management plan for its preserve areas.

      A copy of the Martin County PAMP ordinance is available on our download page.

    • What are the governing documents?

      The term “governing documents” is used as a general reference to the entire group of legally recognized paperwork that creates and controls a planned development. The governing documents typically include a subdivision map, a Declaration of Covenants, Conditions and Restrictions (or "CC&Rs"), Articles of Incorporation (if the project is incorporated), Bylaws, and Rules.

    • Who owns the common area?

      Title to common area can be held by the homeowners association or by the owners in percentage shares as “tenants in common”. The decision is made by the developer at the time the governing documents are prepared, and is very difficult to change later. To determine who owns the common area in an association, refer to the CC&Rs. The method of common area ownership has no significant consequences in a properly insured association. The percentage held by each owner does not determine that owner’s usage rights or cost responsibility.

    • Can there be any restrictions on an owner’s right to rent his/her home?

      Rental restrictions in governing documents are generally legal and enforceable provided they are uniformly applied to all owners, do not discriminate against particular group of potential renters, and can be shown to serve some legitimate purpose. However, when a restriction limiting an owner’s ability to rent his/her unit is enacted by an association, it cannot be applied to an owner who purchased before the restriction was in place.


    • I want to plant a tree or a hedge or have work done on the exterior of my house, what is the process?

      It is recommended that you contact an ARB member listed on our contacts page for assistance. Our HOA Covenants spell out what needs to be done.


      8.2.1               No Improvement shall be constructed, erected, removed, planted or maintained, including but not limited to landscaping, nor shall any addition to or any change, replacement or alteration therein be made to any Improvement until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme and the location of same shall have been submitted to and approved in writing by the A.R.B.


      8.2.2               As part of the application process, three (3) complete sets of plans and specifications prepared by an architect, landscape architect, engineer or other person found to be qualified by the A.R.B. shall be submitted for approval by written application on such form as may be provided or required by the A.R.B. The A.R.B. may require submission of samples of building materials and colors proposed to be used.All construction shall be done by a licensed general contractor approved in writing by the A.R.B. Pursuant to Section 9.4 of these Covenants, no application for a building permit shall be submitted to Martin County Building Department unless and until the A.R.B. has approved the plans and approved the builder as indicated by the approval stamp used by the A.R.B. Fencing and landscaping design must accompany the final working drawings submitted to the A.R.B.,for any proposed Dwelling.