Bayside Village, Fisher Island: street numbers, leases and the first refusal

Unit numbers start with the declaration's building number: 3101–3405, 4101–4403, 5101–5407 and 6101–6403. Bayside Village East's declaration describes this condominium as "containing Buildings 3, 4, 5 and 6" (OR 13718/1044). The Property Appraiser's street numbers swap Building 3 for 22xx, 4 for 23xx, 5 for 24xx and 6 for 25xx, keeping floor and position, so Unit 3101 is 2211 Fisher Island Dr and Unit 6403 is 2543.

A Bayside unit numbered 52xx is not in island Building 52, which is Bayview No. Three. Describe a unit by the declaration's building and unit numbers, checked against the latest amendment that touched it, the condominium plans and the Appraiser's folio.

The unit list has also changed. A 2012 amendment combined Units 6202 and 6302, cutting § 3.1's count from 78 to 77. In 2015 another split those two apart, combined 6202 with 6203, and combined 5106 with 5107 and 6103 with 6104. Unit 5106 was split back into 5106F and 5107F in 2021, and Unit 6104 into 6103E and 6104D in 2022. Units 4103 and 4104 were combined in 2019. The 2022 amendment's § 3.1 counts 76 units, up from 75 (OR 33386/4350), which matches the Property Appraiser's 76 parcels.

Yes. A certificate of amendment, OR 26970/4199 recorded 7 August 2009, rewrote § 17.8 as §§ 17.8–17.8.7. It provides that "The Board of Directors may deny permission to lease the Unit upon any reasonable grounds, including without limitation…" (p. 2). The Board decides within 30 days.

Section 17.8 also provides that "No lessee may occupy the Unit prior to obtaining the Board of Directors' approval unless the tenant has been previously approved and is awaiting approval of a lease renewal" (p. 2). Each applicant pays "a non-refundable $100.00 screening fee per applicant" (§ 17.8.2). Any deposit is capped, since "the amount of the security deposit shall not exceed the equivalent of one (1) month's rent" (§ 17.8.3, p. 3). Subleases and assignments are not allowed (§ 17.8.5).

That settles a question the 1986 text left open. Its § 17.8 had no approval clause, though its § 17.1 referred to "permitted occupants under an approved lease or sub-lease" and its § 18.1 to rejecting a lease "as permitted by Section 17.8 hereof". Bayside Village East's 1988 declaration, on the same form, also requires approval.

The 1986 § 17.8 allowed whole-unit rentals "no more than one time in any calendar year". The 2009 text replaced it and sets no minimum term and no limit on how often a unit may be leased. FICA can also refuse the ferry to a tenant the association has not approved (FICA's tenant rules).

Units are residences only, for one family at a time; temporary guests aside, the cap is "two (2) persons per bedroom and one (1) person per den" (§ 17.1). An occupancy "for more than one (1) month" is treated as a lease. The Developer and its units are free of §§ 17 and 18 (§ 17.11). If owners later adopt a limit on rental term or frequency, Chapter 718's amendment rule binds only those who consent and those who take title after it.

Only on a sale. Under its right of first refusal (§ 18.1), an owner with a buyer must offer the association the same deal first. The 2009 amendment confined the right to sales, striking "or leased" throughout §§ 18.1–18.4 (OR 26970/4199, p. 6). The owner's registered-mail notice of a bona fide offer starts the association's time to elect, which the 2009 amendment extended from twenty days to thirty (pp. 4–5). Under the 1986 text, the association then has 45 days to close if it buys, and the owner 60 days to accept the outside offer if it passes.

The right skips the Developer's units and any unit that a bank holding a first mortgage (an Institutional First Mortgagee) takes by foreclosure or deed in lieu.

Skipping § 18 makes a sale "voidable at any time at the election of the Association". The association may sue to set the sale aside, and the owner bears its costs and attorneys' fees. Buying the unit takes the approval of a majority of units represented at a members' meeting with a quorum (§ 18.2). The family, gift, inheritance and mortgage exemptions (§§ 18.7–18.9) are the form's standard ones.

Start with FICA's estoppel and the seller's resale documents. The association adds its estoppel, a statement of what the seller owes (§ 13.7), its § 18.5 certificate clearing the first refusal, and these.

• Parking and storage. Each unit is entitled to "the exclusive use of one parking space", assigned in writing at the Developer's first sale and passing only with the unit (§ 3.3(c)). The association assigns storage cubicles as limited common elements, not always on the unit's floor (§ 3.3(d)). It keeps copies of both assignments, which are not recorded.
• Any extra space. Owners reassign extra spaces by unrecorded writing. On a sale, one passes to the seller's other unit, if any, unless first assigned to the buyer (§ 3.3(c)(iii)–(iv)).

For a company or trust buyer, get the intended occupant's name before closing, since § 17.1 admits only the people it lists (shared form).

Irving Trust Company of New York consented to the declaration as holder of the construction mortgage recorded on 27 August 1984 (OR 12249/868). Its consent keeps "Mortgagee's lien on the property" superior to the association's assessment lien, so confirm a satisfaction or release covering the unit.

Section 2.20 cites FICA's Master Covenants, which bind every owner (§ 23), only as "recorded of even date herewith". Sister declarations give OR 13008/2052, and we confirm which version governs.

Whatever the seller leaves unpaid, the buyer owes too, jointly and severally with the seller (§ 13.1). After 15 days it bears interest "at the highest lawful rate", under a lien effective from the declaration's recording and evidenced by a claim of lien (§ 13.2). Section 13.5 clears a foreclosing Institutional First Mortgagee of earlier assessments unless a claim of lien predated its mortgage. The underwriter decides whether that or Chapter 718's cap governs (the lender rules). Common expenses include golf-cart charging, certain pool-sharing costs and all reserves (§ 2.9). Since a By-Laws amendment recorded on 5 July 2024 (OR 34301/599), By-Laws § 9.4 also allows special assessments for "unbudgeted or unanticipated Common Expenses".

Fines stop at $50, after notice and a hearing, and never become a lien (By-Laws § 5(m)). Owners of over 80% can amend alone, or owners of more than 50% of the units with at least 66 2/3% of the Board (§ 6.1). The Developer's signature on an amendment is "conclusive evidence" that it does not "materially and adversely affect" owners' substantial property rights (§ 6.2).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for the association's instruments recorded after the 1986 declaration. It shows the seven below.