Bayview No. One, Fisher Island: resales, leases and the Building 48 survey sheet

A sale needs two estoppels, statements of what the seller owes, from the association and from FICA, the island's master association, and the seller's resale documents.

Once an owner has a bona fide offer to buy or lease and means to accept it, the owner sends the Board the buyer's or tenant's name, address and terms by registered mail (§ 18.1). If the association passes, an officer signs and acknowledges a Certificate of Termination of Right of First Refusal, conclusive for anyone relying on it in good faith (§ 18.5).

Accepting the deed counts as assuming the declaration, By-Laws, Articles, rules and Master Covenants (§ 18.1), so the deed needs no special language.

Yes. A right of first refusal lets the association step in as buyer or tenant on the outside offer's terms, and here it covers leases too. The Developer, Island Developers, Ltd., may sell outside it, and a bank holding a first mortgage (an Institutional First Mortgagee) may sell or lease outside it (§ 18.1). Gifts, devises and inheritances pass free of the right, though each successor stays bound by § 18 (§ 18.8).

Bayview No. Two and No. Three use the same Island Developers form, and its § 18.2 vote, § 18 voidable-sale rule and §§ 18.7–18.9 exemptions apply too. Of § 18.1's two election periods, 30 days and a later 20, we plan on 30.

If the association or its designee elects by certified mail to buy, closing is at the association's attorneys' office within 45 days of that notice. The seller gives an abstract or title binder at least 30 days ahead, signs a statutory warranty deed and pays the documentary stamps and other taxes. Taxes, mortgage interest and common expenses are prorated.

No more than once in a calendar year (§ 17.8), and none of the amendments listed below changes that. Each lease covers the whole unit, is in writing and needs the association's approval. The association may end a lease on the tenant's default and require up to one month's rent in escrow, returning the balance within 15 days after the tenant leaves.

The owner reports every new tenant and is jointly and severally liable with the tenant, meaning the association can pursue either. Unless the Board decides otherwise, a stay "for more than one (1) month" makes the occupant a lessee, paying or not. Occupancy is one family, at most two per bedroom plus one per den, guests aside. A unit owned by a corporation, partnership or trust may house only its officers, partners, beneficiaries or designees and their families (§ 17.1).

Approval has no set deadline, fee or interview apart from the 20-day language in § 18.1. Extending or renewing an approved lease brings no approval charge (§ 18.5). The Developer was exempt from § 17 except the pet rule and the approval of leases and tenants (§ 17.12).

FICA can refuse an unapproved tenant the ferry. Under Fla. Stat. § 718.110(13), an amendment banning rentals, changing their term or limiting their frequency binds a buyer who takes title after it, even if the seller was not bound (Fisher Island leasing rules).

In 1993 the Developer replaced survey Sheet 9, Building 48's third floor with Units 4832 to 4834, by an amendment at Official Records Book 15893, Page 3348 (OR 15893/3348). Its note calls the line between Unit 4833 and its neighbor, read as 4832, a "theoretical division … No physical wall exists".

A 2010 amendment (OR 27352/3099, recorded 14 July 2010) consolidated Units 4832 and 4833, and Units 4913 and 4914, enlarged Unit 4814 and amended Exhibits 2 and 3A. It was re-recorded on 30 July 2010 "to include the exhibits" (OR 27371/952), so a file on any of those units needs both recordings. The re-recorded Exhibit 2 shows "TOTAL 26" (OR 27371/953).

Owners of the adjacent property, and of units built there, have a perpetual easement to come and go over the paved access areas (§ 3.3(f)). No other declaration we hold opens its pool to Bayview No. One's owners. Bayview No. Two's declaration opens its pool to an adjacent condominium, and Bayview No. Three's names No. Two's pool for its own owners.

The association's lien dates from 28 June 1990, "as of the date of the recording of this Declaration", and a recorded claim of lien evidences it. Unpaid assessments bear interest at the highest lawful rate after 15 days, with no late fee (§ 13.2). On 30 days' written notice the association may call "the next three (3) months'" installments due at once.

In a voluntary sale the buyer and the seller both owe the seller's unpaid assessments (§ 13.1). That rule, the § 13.5 lender clause as recorded, the § 6.1 amendment vote and the $50 cap on fines, which never become liens (By-Laws § 5(m)), are the form's standard terms. Chapter 718 may instead hold a first mortgagee that joined the association as a defendant in the foreclosure to the smaller of 12 months' assessments and 1% of the original debt. Underwriting decides whether that cap or § 13.5 applies (the lender rules).

Amendments take effect when a certificate is recorded (§ 6.3). A unit's size, attached rights or share changes only with that owner and its mortgagees, and the insurance, reconstruction and condemnation sections only with the "Primary Institutional First Mortgagee" (§ 6.4). The Developer's power to amend alone (§ 6.2) and its § 13.6 guarantee lasted while it controlled the Board or held units, and the table dates no turnover.

Every unit carries FICA membership, and § 23 lets FICA have the association collect FICA's assessments, though a First Amendment to FICA's Master Covenants, recorded 13 June 2022 (OR 33238/1903), has FICA collect them directly. Where the two conflict, the Master Covenants win (§ 11.1), so we check which version of the master covenants governs.

We searched the Clerk's Official Records index, current through 9 October 2026, for the association's instruments recorded after 26 April 1993. It listed the three below, from 2010 and 2016.