7600 Oceanside, Fisher Island: the share table, leases and the pool

The unit's number and its share. Section 3.1 creates "twenty six (26) Units". A 2001 share table listed 27, and in 2003 the association corrected it back to 26.

• As declared. Exhibit 3 listed 26 units, including "7612-13" at 7.205%, and numbered the top units 7672, 7673 and 7682.
• March 2001. A developer's amendment renumbered those three 7671, 7672 and 7681, changing no share (OR 19547/4855).
• April 2001. A second developer's amendment recites a numbering "scrivener's error", a clerical slip, and the § 6.4 power "to correct a scrivener's error or effect any change whatsoever". Its replacement table, "2001 Assessments", keeps the March numbers and lists 27 units, with 7612 and 7613 at 3.4976% each. Every other share moves, 7611 from 4.997% to 3.9620% and 7681 from 7.462% to 7.5488% (Official Records Book 19593, Page 4594, or OR 19593/4594).
• April 2003. The association's amendment, approved by the Board on 8 March 2003, corrected Exhibits 2 and 3 as a scrivener's error under § 718.110(5) of the Condominium Act. Its table is the 2001 list without 7613, 26 units in all (OR 21208/3997, recorded 30 April 2003).
• May 2004. A further amendment by the association corrected Unit 7652's square footage. Its table shows the combined unit as "7612-13" (OR 22320/3949, recorded 20 May 2004).

Neither 2001 amendment changed § 3.1. The association's unrecorded 2001 budget was for "27 Units". The Property Appraiser lists 26 parcels, matching the corrected count, with Unit 7612-13 as one (folio 30-4210-014-0080) at 7.0199%. Neither the declared nor the April 2001 table gives that share. Check the unit's share in the 2003 and 2004 tables against the association's estoppel, its statement of what is owed. A deed or mortgage that describes a unit by a superseded number, or 7612 or 7613 alone, goes to underwriting.

Amending takes 67% of the voting interests (§ 6.1). A Material Amendment, such as a change of shares, also needs the affected owners and all their lienholders (§ 6.2). The developer could amend alone only while it could elect a board majority, and never for a Material Amendment or time-shares (§ 6.4). A Majority of Institutional First Mortgagees, the banks holding first mortgages, must approve any reallocation of common-element interests (§ 20.2(e)). Its consent also covers changes to voting, assessment liens, unit boundaries, leasing or sale restrictions and the rest of § 20.2's list.

Bank of America held the developer's mortgage (OR 18784/3025, recorded 16 September 1999) and consented to the declaration, so the chain needs that mortgage's release of the unit.

Under § 13.1 the seller's unpaid assessments up to the conveyance become the buyer's debt too, jointly and severally. After ten days unpaid, interest runs at 15% a year, and the late fee can reach the greater of $25.00 or 5%. The lien dates from the declaration, but from a recorded claim of lien against a first mortgage (§ 13.3). At most, a first mortgagee taking title owes the smaller of six months' earlier assessments and 1% of the original mortgage debt, if the association was a party to the foreclosure (§ 13.6). Chapter 718's version runs to 12 months' assessments or 1%, whichever is smaller, but only for a lender that made the association a defendant. The underwriter chooses between them (the two caps compared). Under the By-Laws, a fine can reach $100 per violation, $1,000 in all, and never becomes a lien.

A special or capital improvement assessment above $125,000.00 in a year, or one pushing the year's assessments past 115% of the prior year's, needs a majority of the units represented at a meeting with a quorum (§ 13.2(c)).

Owners at 7400 Oceanside use 7600's pool under § 22. It gives the adjacent condominium, once built and if its declaration so provides, an easement over 7600's emergency generator, swimming pool, pool deck and accessory outdoor common facilities. Building it was optional (§ 2.2), but its declaration followed on 18 September 2002 (OR 20666/292), claiming the pool, deck and outdoor facilities without mentioning the generator (7400 Decl. § 22). Costs are split by unit count, with 7600's association regulating the use. We found no cost-sharing agreement, so ask for the billing method and current rules.

Sections 17–18 provide no approval of sales and no right of first refusal, the option to buy a unit by matching an outside offer. The Articles allow approvals only "as may be provided by the Declaration". None of the four amendments adds one. The declaration follows Fisher Island Holdings' later form, unlike the older Island Developers declarations.

• The association's estoppel. It covers only the association's assessments and lien (§ 13). FICA's is a separate order, because § 23 makes every owner a member.
• Parking and golf-cart spaces. The developer assigned them at each sale in an unrecorded writing, with a copy retained by or furnished to the association (§ 3.3(c)(ii)). Ask it which go with the unit.
• Resale documents. Confirm the buyer has what the seller must supply.

For a unit owned by a company or trust, the declaration sets no occupancy rule beyond "used as a residence only" (§ 17.1).

Once a calendar year, "including any renewals", for six months or more, and without approval (§ 17.8). The lease must be written, for the whole unit, and allow the association to terminate if the tenant defaults. The association hears from the owner before each tenant moves in. The owner answers for the tenant, jointly and severally, and can be asked to post up to a month's rent as a deposit.

During a lease the common-facility rights pass to the tenant. No wait after a purchase is set. With no approval required, FICA's power to refuse the ferry to a tenant lacking one never arises. None of the four amendments changes § 17.8, though a leasing amendment recorded later would bind a buyer taking title after it (Chapter 718's rule).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for 7600 Oceanside's instruments recorded after 10 April 2001. It turned up the association's 2003 and 2004 amendments below and nothing else that changes the declaration.

The 1999–2001 sales material (FAQ sheet, prospectus pages, estimated budget, proposed survey) is unrecorded.