Major points and information on how to access the PE documents filed with Brevard County.
1. The Peppertree East Condominium Inc. Declaration of Condominium (including by-laws) was recorded in Official Records Book 1926, Page 505, Public Records of Brevard County, Florida ON July 20, 1978.
2. On October 1, 1986, the Declaration of Condominium, Chapter V, Restrictions of Condominium, was amended and filed with the Brevard County Clerk of the court, in part, to include language that "no unit may be rented for a term of less than (3) three months or more than one (1) time in any calendar year."
3. All filed Peppertree East documents can be found online at brevardclerk.us. Instructions to locate these documents is as follows: a. Go to brevardclerk.us b. Under "online Services", click on "Official Records View" and click on "CLICK HERE" in blue. c. Click on "Name" (top left corner with house picture) d. Accept disclaimer by clicking on "I accept conditions above". e. At the next page, under "Name" (in yellow field) type in "Peppertree East" f. There will be a screen that pops up that says, "select names". At the bottom click on the box that says "All/None" then click "Done" and actions filed will be listed. 4. The "CERTIFICATE OF AMENDMENT TO DECLARATION OF CONDOMINIUM" is attached to this site.
Explanation:
At the HOA meeting on March 23, 2022 one of the main agenda items was Short Term Rentals. There was confusion among a number of owners, regarding the PE By-Laws pertaining to the length of time a unit could be rented. Most owners believed that there was a limit on the duration of a rental; no less than three months. It was apparent that some owners had received and read the amendment, while others, like us only had the original by-laws. Regardless, at the end of the meeting there was a unanimous vote (9 out of the 9 owners including one proxy vote) to research the issue and obtain a lawyer, if necessary, to amend the PE By-Laws to limit rental time to no less than three months. After consulting with a Sotheby's real estate agent, who walked Darryl and I through the steps to view all existing documents filed with Brevard County Clerk of the Court, pertaining to PE Condos, it was clear that an amendment was on record, that was filed in 1986 to limit the duration of renting a PE Condo, to not less than three months. Specific language had been changed from "duration of said rental to be left to the discretion of the unit owner" to "no unit may be rented for a term of no less than (3) months or more than one time, in any calendar year". By discovering this information, thanks to the assistance of the Sotheby's Agent, not only did this save the PE Board hours of work, finding and meeting with an attorney, but saved us a significant amount of money, because we did not have to legally file an amendment with the Clerk of the Court. We will compensate the agent for her time and expertise, to resolve this issue.