7400 Oceanside, Fisher Island: resales, rentals and the shared pool

No one can approve the buyer or, as a right of first refusal would allow, buy the unit at the buyer's price (§§ 17–18). The declaration's § 18, where the older Island Developers declarations put the right, is "Compliance and Default", following the later Fisher Island Holdings, LLC form used at 7600 Oceanside. Article 5.2(f) of the Articles adds none, permitting approval of transfers and leases only "as may be provided by the Declaration". FICA, the island's master association, does not approve buyers either. The 2013 and 2017 amendments add none.

• Order the association's estoppel and FICA's on the same day. The building's estoppel covers only its own assessments and lien (§ 13), and every owner also belongs to FICA (§ 23).
• Ask which parking and golf-cart spaces go with the unit. These Limited Common Elements, common property reserved to one unit, pass by an unrecorded written assignment, and the association keeps a copy (§ 3.3(c)(ii)–(iv)). Part of the parking lies below the federal flood plain, at each owner's risk of water damage (§ 3.3(c)(iv)).
• Get the current rules and the shared-facility budget. No agreement between the two associations has turned up, so ask who bills 7600 Oceanside's pool costs. Check that the buyer has the seller's resale documents.

The declaration sets no rule on who may occupy a company-owned unit, saying only that each unit is "used as a residence only" (§ 17.1).

Without anyone's approval, on a lease of six months or longer. Section 17.8 also says no unit may be leased "more than one (1) time, including any renewals, in any calendar year".

Leasing part of a unit is not allowed, every lease must be written, and the association may cancel one if the tenant defaults. The owner must tell the association each time a tenant will occupy the unit, and may be asked to escrow up to one month's rent. Liability for the tenant stays with the owner, jointly and severally. The tenant takes over the owner's right to the common facilities for the term, leaving the owner only guest use.

The declaration makes no new owner wait to lease. Section 17.14 binds even the developer to lease approvals "if any", and there are none. FICA can refuse the ferry to a tenant who lacks a required approval, and 7400 Oceanside requires none. Neither the 2013 nor the 2017 amendment touches § 17.8. Under Chapter 718 a leasing amendment binds every owner who acquires title after its effective date, so one recorded later would bind a later buyer.

The recorded documents set no transfer fee, capital contribution, working-capital payment or approval fee (what buyers pay). As declared, unit shares ran from 1.92% to 5.10% (Exh. 3). The 2013 amendment cut the count to 36, so confirm the unit's current share on the association's estoppel.

Section 13.3 adds 15% yearly interest to any assessment 10 days overdue, plus a late fee of up to $25.00 or 5%, whichever is greater. A fine is capped at $100 per violation and $1,000 overall, and the By-Laws keep any fine from becoming a lien.

Two kinds of special or capital improvement assessment need a majority of the units represented at a meeting with a quorum (§ 13.2(c)). One is over $125,000.00 in a year, the other would lift the year's assessments above 115% of the year before. Capital additions over $125,000.00 a year need a majority of the voting interests represented at such a meeting, and FICA's "specific action and veto rights" may reach them (§ 8).

Start with the unit count. A 2013 amendment approved by 67% of the owners reduced § 3.1 to "thirty six (36) Units" (OR 28484/1452, recorded 11 February 2013, p. 4). Check the unit's legal description and share against it.

The developer's mortgage to Bank of America, N.A. needs a release from the unit. Fisher Island Holdings, LLC gave it (OR 19354/632), the developer assumed it (OR 20095/4348), and the bank's consent put it behind the declaration.

Section 22 gives 7400's owners "the right to use the swimming pool, pool deck and accessory outdoor Common Element facilities of the Adjacent Condominium", and 7600 Oceanside's declaration grants it (OR 19486/1101). Costs follow unit count, and 7600's association sets the rules but may not discriminate against 7400's owners (§§ 2.2, 22). 7600's declaration also offers its emergency generator, which 7400's § 22 does not claim.

Under § 13.1 buyer and seller are each liable, jointly and severally, for every unpaid assessment due up to the conveyance. Section 13.3 dates the association's lien from the declaration's 2002 recording, but against a first mortgage only from the day a claim of lien is recorded. Section 13.6 limits what a first mortgagee taking title owes for earlier assessments to six months' worth or 1% of the original mortgage debt, whichever is less, if the association was joined in the foreclosure. Chapter 718 now allows 12 months or 1%, whichever is less, and only if the lender joined the association as a defendant. Underwriting decides which cap governs.

Changing the declaration takes 67% of the voting interests (§ 6.1). Altering a unit's size, appurtenances or share is a Material Amendment, which the affected owners and lienholders must also join (§ 6.2). Section 20.2 adds a Majority of Institutional First Mortgagees, the banks holding first mortgages on units with at least 51% of the mortgaged units' votes (§ 2.23). It must consent to changes in leasing, sale or transfer restrictions, assessment liens and the reallocation of common-element interests, among others.

Disputes go first to mandatory nonbinding arbitration (§ 18.1). The association cannot sue without a 75% owner vote, except to enforce the declaration, collect assessments, challenge taxes or counterclaim (§ 25.2).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for 7400 Oceanside's instruments recorded after the 2002 declaration. It listed the 2013 and 2017 amendments below and nothing else that changes the declaration or By-Laws.