Indian Hammock homeowners are expected to follow multiple documents at the same time:
- The recorded Declaration of Restrictions
- The Book of Rules
- The Building Package
- The Land Clearing / Landscaping Package
These documents do not always agree with each other.
This notice of violation documents clear contradictions between them, in plain language, so homeowners can understand:
- What they agreed to when they bought their property,
- What was later added by the boards.
- Why those differences matter.
Each page in this section focuses on one contradiction and explains how it affects homeowners and governance.
PAGE 1: “Produced in accordance with the Declaration” — but adds new restrictions
First: What the Declaration does
The Declaration of Restrictions is the recorded document that runs with the land.
It defines:
- What restrictions apply to lots.
- What authority the Club has.
- What homeowners agreed to at purchase.
The Declaration can only be changed through a formal amendment process.
What homeowners are told
Both the Building Package and the Land Clearing / Landscaping Package state that they were “produced in accordance with the Declaration of Restrictions.”
This gives homeowners the impression that everything in the packages already exists in the Declaration.
What the packages actually do
The packages introduce requirements that do not appear in the Declaration, including:
- Mandatory buffer marking and inspections.
- Vegetation preservation and replacement requirements.
- Deposits tied to approvals.
- Enforcement conditions that can stop work.
These are not explanations. They are new land-use restrictions.
Why this is a contradiction
A document cannot truthfully say it is “in accordance with” the Declaration while creating restrictions that were never adopted into the Declaration.
Florida Statute 720 context
Florida Statute Chapter 720 requires homeowners associations to operate according to their governing documents. New restrictions affecting property rights are not meant to be created through board-approved packets.
Future Violations Mapping
This contradiction can be tied to future Violations Reported involving:
- Misrepresentation of governing authority.
- Enforcement of unrecorded restrictions.
- Reliance on “guidelines” as if they were covenants.
PAGE 2: 50-foot building setback vs 25-foot vegetation buffer
First: What the Declaration restricts
The Declaration establishes a 50-foot building setback, which controls where structures may be placed on a lot.
A building setback does not regulate vegetation, clearing, or land maintenance.
What the packages require
The Land Clearing and Building Packages require:
- A 25-foot natural buffer around all property lines,
- That the buffer be preserved and maintained,
- That disturbed buffer areas should be replanted.
Why this is a contradiction
A setback controls buildings.
A buffer controls land use.
They are legally different restrictions, and only one appears in the Declaration.
Florida Statute 720 context
Restrictions on land use must be clearly stated and properly adopted. Vegetation controls that are not recorded in the Declaration raise governance and enforcement concerns.
Future Violations Mapping
This contradiction aligns with future violations involving:
- Enforcement of the 25-foot buffer.
- Denial of clearing based on buffer language.
- Penalties are tied to vegetation rather than construction.
PAGE 3: One-time construction approval vs permanent control of private lots
First: How architectural review is supposed to work
Architectural review is intended to be a front-end approval process:
- Plans are reviewed.
- Construction is approved.
- The project is completed.
- Normal ownership resumes.
What the packages actually create
The packages impose continuing obligations, such as:
- Permanent buffer preservation.
- Ongoing landscaping standards.
- Inspections tied to deposits.
- Enforcement long after construction ends.
Why this is a contradiction
Nothing in the Declaration grants permanent control over private land after construction is complete.
Architectural review is not meant to become lifetime supervision.
Florida Statute 720 context
Boards may only exercise authority granted by the governing documents. Expanding approval into permanent regulation goes beyond that scope.
Future Violations Mapping
This contradiction supports future violations involving:
- Post-construction enforcement.
- Ongoing landscaping demands.
- Attempts to reopen or re-regulate completed projects.
PAGE 4: “Guidelines” that are enforced like law
First: What a guideline normally is
A guideline is meant to provide direction or advice.
It is not supposed to carry penalties.
How the packages are enforced
In practice:
- Work cannot begin without compliance.
- Deposits are required.
- Projects can be stopped.
- Access can be denied.
- Fines may be imposed.
Why this is a contradiction
If a rule carries penalties and stops work, it is not guidance — it is enforcement.
Calling enforceable rules “guidelines” does not change their effect.
Florida Statute 720 context
Florida Statute 720.305 governs enforcement. Any rule that is enforced must be authorized by the governing documents and applied in accordance with proper procedures.
Future Violations Mapping
This contradiction applies to future violations involving:
- Fines issued under “guidelines.”
- Work stoppages without covenant authority.
- Selective or inconsistent enforcement.
PAGE 5: Fee-simple ownership vs Board control of private land
First: What fee-simple ownership means
Homeowners own their lots outright, subject only to recorded restrictions.
The Club does not own private lots.
What the packages require
The packages allow the Board and committees to:
- Inspect lot boundaries.
- Control clearing methods.
- Dictate vegetation choices.
- Approve or deny land-use decisions.
Why this is a contradiction
The Declaration balances private ownership with limited restrictions.
The packages shift that balance by placing ordinary land management under Board control.
Florida Statute 720 context
Homeowners associations are private corporations, not governments. Authority over private land must come from recorded documents, not practice or habit.
Future Violations Mapping
This contradiction supports future violations involving:
- Board interference with normal land use.
- Denial of owner autonomy.
- Claims of “exclusive” control over lots.
PAGE 6: Recorded restrictions vs ever-changing packages
First: What recorded restrictions are meant to provide
Recorded deed restrictions are designed to be:
- Stable.
- Predictable.
- Uniform across time.
What the packages show
The Building and Land Clearing Packages:
- Are approved by boards.
- Change over time.
- Apply different standards depending on the year.
Why this is a contradiction
Property rights should not change simply because a different board rewrote a packet.
Florida Statute 720 context
When rules affect all owners, Florida law emphasizes formal processes and member involvement, not unilateral changes by the board.
Future Violations Mapping
This contradiction fits future violations involving:
- Retroactive application of new standards.
- Unequal treatment of owners.
- Reliance on the “current version” of a package.
PAGE 7: County permitting vs HOA “permit” system
First: What permitting authority is
County governments issue:
- Building permits.
- Inspections.
- Certificates of occupancy.
What the Building Package creates
The Building Package establishes:
- An “Indian Hammock permit.”
- HOA approval before county approval.
- Deposit conditions tied to HOA inspections.
Why this is a contradiction
Architectural review is not permitting.
The Declaration does not grant the HOA governmental authority.
Florida Statute 720 context
Homeowners’ associations are not local governments. Any enforcement or approval system must be grounded in the governing documents.
Future Violations Mapping
This contradiction supports future violations involving:
- Denial of construction despite county compliance.
- Misuse of deposits as leverage.
- HOA actions resembling governmental control.
Indian Hammock Owners' Voice 