Preserving the Residential Character of Boca Teeca

Sunday, May 22, 2016

DEED Restriction Explained on Ocean Breeze Golf Course

There have a lot of misperceptions on the deed restriction on the Ocean Breeze golf course, formerly known as the Boca Teeca golf course.  The deed restriction was filed in the official records of the Palm Beach County clerk's office on Sept. 25th, 1974 and is officially located at book # 2353 and pages 653 to 659.  While the entire document is readily available online, below is the relevant text to current unit owners in the "Boca Teeca subdivision, comprising sections 1 through 5 and also including the tract of land comprising the golf course adjacent thereto:"

Whereas, Boca Teeca Corp., desires to restrict the use of the tract of land comprising the golf course and to limit the same to be used as a golf course facility for the benefit and protection of said subdivision...

Now, Therefore, in consideration of the mutual benefits to be derived by the developer and the several purchasers of property in said subdivision, the said Boca Teeca Corp hereby declare to and agrees with each and every person or other legal entity who presently owns property in said subdivision and persons or other legal entities who shall become owners in the future, that Boca Teeca Corp shall be bound by the following covenants, to wit:

     1. Legal Description:  The parcel of land burdened by these covenants shall comprise the entire tract of land described as:  Boca Teeca Golf Course, Boca Raton, Florida (the legal description of which is set forth on Exhibit "A," attached and made a part hereof).

     2. Use.  The subject tract of land shall be used only for the purpose of a golf course facility.

     3. Covenants Running With The Land:  These covenants , restrictions and reservations shall be considered and construed as covenants, restrictions and reservations running with the land and the same shall be binding upon and be for the benefit and burden of the Boca Teeca Corp, its successors and assigns and each and every person or other legal entity presently owning property in Sections 1, 2, 3, 4, and 5, of Boca Teeca subdivision and persons or other legal entities who may become owners in the future, their heirs, legal representatives, successors and assigns.

     4. Duration of Restrictions:  These restrictions are imposed in perpetuity.

     5.  Amendment:  This Declaration may be amended, modified or terminated at any time with the consent of the developer, the Boca Teeca Corp, its successors and assigns, and a majority of the then owners of condominium apartments, residential lots or other parcels located within Sections 1 through 5, Boca Teeca subdivision.  The instrument of amendment, modification or termination must be in writing and be recorded to become effective.

Explanation & Clarification of Above Deed Restriction:

1) There is no reference to a "vote" for the amendment or termination, so there is not a vote required in a similar manner that unit owners may experience with their condo associations.  The previous amendment attempt was conducted in 2007 and involved a legal consent document that was distributed by the successor owner, MCZ Centrum affiliated LLC, and subsequently recorded in the Palm Beach County official records on 9/10/2007.   This development was approved by the city, but this approval expired in April 2015 & it is the opinion of Lennar that this amendment is voided per their presentation on May 10th at the Ocean Breeze clubhouse.

2) There is no reference to condo associations, nor their board of directors.  Accordingly, these organizations have no jurisdiction over this matter and are only involved to the extent that the association owns 1 or more units since these deeded legal rights only apply to property owners in the Boca Teeca subdivision.








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