5100 Bayview, Fisher Island: resales, rentals and the facilities at 5000 Bayview

The association holds no right of first refusal (an option to purchase the unit on an outside buyer's terms), and neither it nor FICA, the island's master association, approves the buyer. The 5000 Bayview form this declaration follows lacks the § 18 first refusal of the older Island Developers declarations. Apart from the seller's resale documents, a closing here needs six things.

• Get the association's estoppel, which states what the seller owes. Chapter 718 makes it due 10 business days after a written or electronic request (Fla. Stat. § 718.116(8)), though § 13.7 says 15 days after a purchaser's, owner's or mortgagee's written request. The association "may charge a reasonable fee", within the statutory caps.
• Order FICA's estoppel as a separate request. All owners are FICA members (§ 23).
• Budget for the information fee if a buyer or lienholder asks for more than the law requires. That reasonable fee "shall not exceed $150.00 plus the reasonable cost of photocopying and any attorney's fees" (By-Laws § 17).
• Get the parking, golf-cart and storage assignments from the association, which keeps a copy. These limited common elements belong to all owners but serve one unit, and the written assignments are "not recorded in the Public Records". Owners accept that ground-floor storage sits below the federal flood plain (§ 3.3(b)–(c)).
• Ask for the rules now in force. The only rules we have read are the 2004 Schedule "A" attached to the By-Laws.
• Have the buyer send the association "a copy of the deed or other document showing his ownership" (By-Laws § 11). A corporate buyer also tells the Secretary, by an officer's certificate, who will cast its vote (By-Laws § 3.6(c)).

Every lease needs the Board's prior written approval. The Second Amendment to the declaration (OR 30213/4535, recorded 31 August 2016) changed the leasing rules in §§ 17 and 17.8, and § 17.8(c) lists the grounds on which the Board may reject a lease. It provides that "No Unit may be leased for a term of less than six (6) months and no Unit may be leased more than one (1) time, including any renewals, in any calendar year" (p. 4). It also lets the association collect rent from a tenant and evict under Fla. Stat. § 718.116 (pp. 6–7).

As recorded in 2004, § 17.8 also required a written lease of the whole unit that let the association end it if the tenant broke the declaration or the rules. The owner had to notify the association "each and every time his Unit is to be occupied by a Tenant", and could be asked for a reasonable escrow "not to exceed the equivalent of one month's rental". The owner answered jointly and severally for the tenant's breaches, and during a lease the common facilities were the tenant's to use, not the owner's. Subleases, assignments and renewals that changed more than the end date and rent met the same limits. Check the 2016 text on the file for which of these it keeps.

Without the Board's approval in advance, FICA may refuse the tenant the ferry (FICA's tenant rules).

Declaration amendments need "in excess of 66 2/3%" of all owners' voting interests (§ 6.1). An amendment imposing restrictions on leasing, or on selling or transferring title, also needs a Majority of Institutional First Mortgagees (§ 20.2). Institutional First Mortgagees are banks holding first mortgages on units, and their consent may not be unreasonably withheld. An amendment that bans rentals, changes the rental term or limits how often a unit may be rented binds owners who consent and anyone taking title after it (Fla. Stat. § 718.110(13)). A buyer today takes title after the 2016 amendment.

Section 22 says 5100 Bayview's owners "shall have the right to use the emergency generator, and the pool, pool deck and accessory outdoor Common Element facilities" of 5000 Bayview. This shared (non-exclusive) easement is "set forth in the declaration of the Adjacent Condominium". That is § 22 of 5000 Bayview's declaration, at Official Records Book 19711, Page 2934 (OR 19711/2934).

Costs, reserves included, are split by unit count, and 5100 Bayview pays its part as a common expense. 5000 Bayview's association regulates the pool, but "no such regulation shall discriminate against Unit Owners" of 5100 Bayview. We have seen no separate cost-sharing agreement, so ask both associations how the charge is billed and whether any is owed.

The developer's lenders, Peabody Global Real Estate Partners, L.P. and Bank of America, N.A., subordinated their mortgages to the declaration, which gives neither one's book and page. We confirm the unit's release from each in the chain of title.

In a voluntary transfer, the new and old owners are jointly and severally liable for assessments unpaid at the conveyance (§ 13.1), as Chapter 718 also provides. Once an installment is ten days late, it bears interest at 15% a year and can draw a late fee as high as $25.00 or 5%, whichever is greater (§ 13.3). Rents from a unit are deemed assigned to the association. After 30 days' notice and a claim of lien, the association can demand every remaining installment for the fiscal year at once.

The association's lien takes its priority from the declaration's 2004 recording. Against a first mortgage of record, it takes effect only when a claim of lien is recorded, and that claim expires after a year unless the association sues (§ 13.3). Under § 13.6, a first mortgagee that takes title owes no more than the lesser of six months' assessments or 1% of the original mortgage debt. The cap holds only if the lender named the association as a defendant in the foreclosure. Chapter 718's cap is now 12 months on the same terms (Fla. Stat. § 718.116(1)(b)), and underwriting decides which governs.

Fines cannot exceed $100 a violation or $1,000 in all. A committee hearing comes first, and no fine becomes a lien (By-Laws § 5.1(m)). A majority of the units at a meeting must approve special or capital-improvement assessments over $125,000.00 in a year, or ones that raise the year's total above 115% of the year before (§ 13.2(c)).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for 5100 Bayview's instruments recorded after its 2004 declaration. It shows the two 2016 amendments above and no other amendment.