We analyzed the recorded deed restrictions for Nocatee in St. Johns County, FL and found 11 issues and 8 gaps between their rules and Florida law.
Nocatee is a 13,323-acre master-planned community in Ponte Vedra/St. Johns County — one of the fastest-growing MPCs in the United States with approximately 8,700 homes across 50+ neighborhoods. There is no single master HOA. Instead, homeowners are governed by neighborhood-level associations (The Settlement, Crosswater, River Landing, Del Webb, Greenleaf, Seabrook, and dozens more), each with its own Declaration of Covenants recorded separately with the St. Johns County Clerk. The Tolomato Community Development District (CDD) manages infrastructure — roads, parks, recreation facilities — funded through a separate assessment on property tax bills. We analyzed the Declaration of Covenants and Restrictions for The Settlement at Twenty Mile (BK 4521, PG 481, recorded March 2018), the Settlement HOA Fine Committee procedures, and the Crosswater and River Landing Architectural Review Board manuals, and compared them against Florida Statute Chapter 720 including the HB 1203 reforms of July 2024.
Source: The Settlement at Twenty Mile Declaration (St. Johns County BK 4521, PG 481, Instr #2018019909), Settlement HOA Fine Committee Communication (2021), Crosswater ARB Manual (2017), River Landing ARB Manual (March 2025 revision)
The Settlement's Fine Committee communication states that after the committee reviews a violation, it will 'determine if fines will be issued, and present to Board for approval.' Under Florida Statute §720.305(2), fines must be approved by the independent committee itself — not by the Board of Directors. If the Board is making the final fine decision rather than the committee, the process fails the statutory independence requirement and fines may be unenforceable.
Section 11.2 of The Settlement's Declaration authorizes fines and requires 14 days' notice and a hearing, but contains no explicit right-to-cure provision. The 2024 amendments to §720.305 require that the written notice describe how the owner may cure the violation, and if the owner cures before the hearing, no fine may be imposed. The Fine Committee's process does include 30-day cure windows on the first two notices, but this is a policy document — not recorded in the Declaration itself — and could be changed at any time.
Section 11.2 sets the $100/$1,000 fine caps and hearing requirements but specifies no payment deadline after a fine determination. Florida law (as amended July 2024) requires at least 30 days after written notice of the fine determination before payment is due. Without a specified deadline, homeowners should insist on the full statutory 30-day window.
Section 5.1 states all plans 'may be disapproved by the Developer solely for aesthetic reasons, in the Developer's sole and absolute discretion.' The Crosswater ARB Manual similarly states plans 'may be disapproved by the Developer, in its sole discretion.' Neither document requires specific written reasons for denial. Florida Statute §720.3035 now requires ARC denials to cite the specific rule and explain exactly what does not conform.
The Settlement Declaration (Section 5.1) gives the Developer 20 business days to respond. The Crosswater ARB Manual gives the Developer 15 working days. The River Landing ARB Manual states 20 business days. However, none include a deemed-approved provision — if the Developer fails to respond, your request is simply in limbo. Florida law implies a deemed-approved window, and unanswered requests may give homeowners grounds to proceed.
Section 11.6 of The Settlement Declaration gives the Developer (HyDry Company, LLC — a Davis family entity) 'the unilateral right to amend this Declaration without the consent or joinder of any other party' as long as the Developer owns any land subject to the Declaration. Section 8.21 separately allows the Developer to 'file any covenants and restrictions, or amendments to this Declaration, with respect to any portion or portions of the Property owned by the Developer, without the consent or joinder of any other party.' With Nocatee at 96% sold and fewer than 400 lots remaining, this power may be nearing sunset — but it has not yet expired.
Section 8.32 requires trash receptacles to be placed curbside 'no earlier than 5:00 P.M. of the day prior to pick-up' and removed 'no later than 10:00 P.M. of the day of pick-up.' Florida Statute §720.305(2)(g), effective July 2024, prohibits fines for garbage receptacles left at the curb within 24 hours of the designated collection day. Fines for cans left out within this 24-hour window are unenforceable regardless of what the CC&Rs say.
Section 8.15 limits Christmas decorations to Thanksgiving through January 10, and other holiday decorations to 15 days before through 5 days after. The Crosswater ARB Manual restricts seasonal lights to Thanksgiving through January 15. Florida Statute §720.305(2)(g) prohibits fines for holiday decorations unless they remain more than one week after written notice to remove them. The statutory protection supersedes these rigid date-based restrictions.
Section 8.7 defines 'commercial vehicles' as trucks over 3/4 ton capacity, buses, vans, or any vehicle with commercial signage or visible tools. The Board has sole discretion to determine what constitutes a commercial vehicle. Personal-use pickup trucks have been protected by Florida courts — a Broward County judge in the Bonaventure case awarded $40,000 in attorney fees against an HOA enforcing a similar ban. Homeowners with personal-use trucks should not accept fines without challenge.
Nocatee homeowners pay both a CDD assessment (to the Tolomato Community Development District for roads, parks, and infrastructure) and HOA dues (to their neighborhood association for landscaping, common areas, and rule enforcement). The CDD is a governmental entity with elected supervisors; the HOA is a private association with a board. Many homeowners do not understand which entity is responsible for what, or that CDD assessments — unlike HOA fines — are collected through the county tax collector and cannot be challenged through the same processes.
Section 8.17 grants the Association and its agents the right to enter any Lot 'for the purpose of mowing, pruning, removing, clearing, or cutting underbrush, weeds or other unsightly growth and trash or otherwise taking such actions to perform any maintenance or repair which in the opinion of the Board distracts from the overall beauty and safety of the Property.' This self-help power — entering and performing work on your property at your expense — operates with only 20 days' notice (Section 9.1) and no requirement for a hearing or court order.
Florida Statute Chapter 720 sets minimum requirements for HOA enforcement. Here is where Nocatee's deed restrictions fall short.
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Homeowners in Nocateemost commonly receive violations for exterior paint colors, landscaping changes, unauthorized structures, parking infractions, and signage. The community's Deed Compliance department actively patrols neighborhoods and issues notices.
If you received a violation notice, you have rights under Florida law regardless of what the deed restrictions say. Florida Statute Chapter 720 sets minimum procedural requirements that your HOA must follow before imposing any fine, including written notice and a hearing before the board.
Many homeowners do not realize that their HOA's internal documents may not reflect all the protections available to them under state law. That gap between what the documents say and what the law requires is often where the strongest defenses are found.