We analyzed the recorded deed restrictions for Wellen Park (formerly West Villages) in Sarasota County, FL and found 12 issues and 10 gaps between their rules and Florida law.
Wellen Park is a 10,000+ acre master-planned community in southern Sarasota County (City of North Port) with approximately 22,000 homes planned at buildout. Formerly known as West Villages, the community was rebranded in 2020 and is developed by Mattamy Tampa/Sarasota LLC and other builders. It has 19+ neighborhoods — Sunstone, Grand Palm, Gran Paradiso, Brightmore, Everly, Avelina, Wysteria, Antigua, and others — each with its own HOA and neighborhood-level declaration. We obtained and analyzed the full 121-page Community Declaration for Sunstone at Wellen Park (Sarasota County Instrument #2021149416, recorded August 13, 2021), the Grand Palm Rules and Regulations (May 2017), and cross-referenced both against Florida Statute Chapter 720 including the HB 1203 reforms effective July 2024. The Sunstone declaration is representative of the Mattamy-drafted template used across multiple Wellen Park neighborhoods.
Source: Community Declaration for Sunstone at Wellen Park (Sarasota County Instrument #2021149416, 121 pages, recorded 8/13/2021), Grand Palm Rules and Regulations (May 2017)
Section 20.6.1 states that 'fines in the aggregate are not capped at any amount.' While Florida Statute §720.305 sets a default $1,000 aggregate cap, this declaration exercises the exception that allows governing documents to authorize higher amounts. This means daily fines of $100 can accumulate indefinitely. Fines over $1,000 can become liens on your home. Homeowners facing escalating fines should challenge the underlying violation and demand strict procedural compliance with every other requirement.
Section 20.2 provides that if a non-monetary violation 'is not cured as soon as practicable and in any event within seven (7) days after receipt of such written notice,' the Association may commence legal action, recover damages, or take corrective action at the owner's expense. Seven days is extremely short for many types of violations — landscaping, painting, structural modifications — and may not constitute a reasonable cure period under the 2024 Florida law reforms.
Section 20.6.4 requires fines to 'be paid not later than five (5) days after receipt of notice of the imposition of the fine.' The HB 1203 amendments to §720.305 require a payment deadline of at least 30 days after the committee's written determination. Fines enforced under this 5-day deadline are procedurally defective under current law.
Section 20.6.3 gives the Violations Committee 21 days after the hearing to provide a written decision. HB 1203 requires the committee's findings to be provided within 7 days. Decisions delivered after 7 days but within 21 days may be challengeable as untimely under current Florida law.
Section 20.1 grants the Declarant and Association the right, 'after reasonable prior written notice,' to enter your lot and 'cure the breach' — including 'entering upon the Lot and causing the default to be remedied' and 'removing unauthorized improvements or modifications.' Costs are assessed against the owner as an Individual Assessment. This self-help remedy bypasses the courts and may conflict with Florida due process requirements.
Section 19.8.3 gives the ACC 30 days to approve or deny applications. However, unlike many declarations with a 'deemed approved' provision, this declaration provides the opposite: 'In the event the ACC fails to respond within said thirty (30) day period, the plans and specifications shall be deemed disapproved by the ACC.' Homeowners who submit ARC requests and hear nothing back are automatically denied. This creates a perverse incentive for the ACC to ignore applications.
Section 19.8.3 grants the ACC the right to 'refuse to approve any plans and specifications which are not suitable or desirable, in the ACC's sole discretion, for aesthetic or any other reasons.' While Florida Statute §720.3035 requires denials to state with specificity the rule relied upon, the declaration's broad aesthetic discretion language may be used to justify vague denials that lack the statutory specificity.
Section 4.3 grants the Declarant (Mattamy Tampa/Sarasota LLC) the right to amend the Declaration, Community Standards, and Rules 'without the joinder or consent of any person or entity whatsoever' prior to the Turnover Date. This includes modifying use restrictions, maintenance obligations, community standards, and creating new easements. The Declarant's amendment power is explicitly 'to be construed as broadly as possible.'
Section 7.3.2 gives the Declarant (Class B member) 9 votes per lot owned, and 14 votes per acre for unplatted land. Homeowners (Class A members) get 1 vote per lot (Section 7.3.1). This massive voting disparity means the Declarant controls all governance decisions until 90% of lots are conveyed to homeowners. With approximately 1,500 homes currently built out of 22,000 planned, homeowners have virtually no governance power.
Section 26 requires all disputes between homeowners and the Declarant to go through mandatory mediation (AAA) followed by binding arbitration — not the courts. Section 21.14 further states disputes 'should be heard in a court proceeding by a judge and not a jury.' Homeowners waive their right to a jury trial by accepting a deed. This arbitration clause is unusually broad, covering warranty claims, personal injury, enforcement disputes, and the Declaration's own validity.
Section 9.9.2 explicitly states that 'The Rules and Regulations shall not apply to the Declarant or to any property owned by the Declarant.' Section 19.18 exempts all Declarant improvements from architectural review. The Declarant can develop, construct, maintain sales offices, hold events, install signs, excavate, and use Common Areas freely — all while homeowners are fined for minor violations.
Section 19.16 allows the ACC to record a Certificate of Non-Compliance in the public records against any lot that fails to meet the Declaration requirements, stating 'that the Lot is subject to further enforcement remedies.' This public recording could affect property title and resale. It is a significant enforcement tool beyond ordinary fines.
Florida Statute Chapter 720 sets minimum requirements for HOA enforcement. Here is where Wellen Park (formerly West Villages)'s deed restrictions fall short.
Got a violation from your Wellen Park HOA? Upload your notice and we will match it against the actual recorded CC&Rs and current Florida law to find your strongest defense. Our analysis covers Sunstone, Grand Palm, and other Wellen Park neighborhoods.
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Homeowners in Wellen Park (formerly West Villages)most 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.