Harborview, Fisher Island: the re-recorded survey, resales and leases in Buildings 44 to 47

The ones in a 2023 amendment. Recorded on 27 July 2023 at OR 33811/4645 with every owner's consent under § 6.4, it replaced Exhibit 1, the legal description and survey, and Exhibit 2, the plot plans. It states no reason. Its recitals cite § 6.4, which lets the association amend the declaration "to alter the configuration or size of any unit in a material fashion" (p. 1).

The earlier exhibits explain the care needed. The 1989 survey, 44 sheets at about eleven a building, labels the buildings "Bldg. 1" to "Bldg. 4". Unit numbers on the sheets, 4511, 4411, 4611 and 4711 among them, make those Fisher Island Buildings 45, 44, 46 and 47 respectively.

In the 1989 recording, Building 1's sheets (OR 14340/2779–2788) show Building 3 hatched on the site plan, and units 4611 and 4612 and the caption "Building 3" on the floor plans. On 5 January 1990 the declaration was re-recorded in 125 pages, starting at OR 14385/2661. Its margin legend, partly cut off, gives the reason as "TO CORRECT A SCRIVENER'S ERROR IN THE ASSEMBLY OF EXHIBIT '2'". The legible words go on to "DUPLICATE SURVEY/PLOT PLANS FOR BUILDING 3 OF THE CONDOMINIUM" and end "FOR BUILDING 1 OF THE CONDOMINIUM". In the 1990 recording the same sheet numbers show Building 1 hatched, with units 4511, 4512 and 4531 and new sheets "11A" and "11B".

• Every unit. Pull the 2023 amendment, the whole 1990 re-recording and the plans ("CONDOMINIUM PLANS BK. 230 PAGE 12" in the clerk's note).
• Units 4512 and 4711. Add the three 2010 instruments that combined them, listed in the table below.

Add these to FICA's estoppel and the seller's disclosure package.

• The association's estoppel, its statement of what the seller owes (§ 13.7).
• The first-refusal certificate. Under § 18.5 an officer executes and acknowledges it, and it is conclusive for every person who relies on it in good faith.
• Any lease approval, if a tenant will stay on (§ 17.8).

On any lease, and any sale but the Developer's, unless an exemption below applies (§ 18). Under this right of first refusal, the association may step into the buyer's or tenant's place on the same terms.

It starts with a registered-mail notice from the owner of a bona fide offer "to purchase or lease" that the owner intends to accept, plus any information requested (§ 18.1). The 30 days to elect, 45 to close and 60 for the owner to take the outside offer run as on every Island Developers form. Here the conflicting 20-day sentence also covers failing to reject a lease "as permitted by Section 17.8", so we allow 30 for leases too.

Skipping the steps makes the sale or lease voidable at any time at the association's election, and the association may sue to void the deed or evict the tenant (§ 18.1). The board must consent before the outside tenant's lease is changed, extended, assigned or sublet.

Section 18 also frees sales and leases by an Institutional First Mortgagee (a bank holding a first mortgage) after it forecloses or takes a deed in lieu. The members' vote to buy (§ 18.2) and the exemptions in §§ 18.7–18.8 are the shared form's, including transfers to the owner's family or a trust or company wholly theirs.

Once a calendar year, with the association's approval of each written lease of the whole unit (§ 17.8). None of the amendments recorded through 9 October 2026 changes these leasing rules. Each lease must let the association end it if the tenant defaults. The owner reports "each and every time" a tenant moves in and answers for the tenant jointly and severally. If the association asks, up to a month's rent goes into escrow, the balance returned within 15 days of move-out.

Subleases and assignments need approval as well, and so does any renewal altering more than the expiry date and rent. Under § 17.1, anyone staying "for more than one (1) month" is a lessee, paying rent or not.

Section 17.1 lets a corporation, partnership, trust or other fiduciary that owns a unit house only its officers, directors, stockholders, partners, fiduciaries, beneficiaries, designees or employees, as the case may be, with their families. Each unit takes one family, at most "two (2) persons per bedroom and one (1) person per den" plus temporary guests. Ask who will live in the unit.

Without approval, a tenant can be denied FICA's ferry. A later amendment banning leases, changing the rental term or limiting how often a unit may be rented would bind only consenting owners and later buyers (§ 718.110(13)).

Alterations need prior written consent from whichever board applies, FICA's or Harborview's, and a board silent for 30 days is deemed to consent (§ 9.1). A 2016 amendment to § 9.1 (OR 29987/1000, p. 2) gives owners "advance approval of the Board of Directors" for work "identical to any existing and prior approved modifications", while noting "additional approval may be required by FICA". Window changes need written agreement from every unit in that stack, and the work must use licensed, insured professionals.

FICA's own review now runs through the association. A notice FICA recorded on 13 May 2026 (OR 35298/4403) delegates its Article VIII architectural control to each Neighborhood Association for property within its jurisdiction. FICA keeps its veto, and the association must send FICA a copy of every approval within 5 days (FICA's building rules).

• The combined units. A 2010 amendment (OR 27431/4785, recorded 23 September 2010) combined 4512 with 4522 and 4711 with 4721, giving each combined unit a one-tenth share and two votes. A corrective certificate (OR 27529/2177, recorded 21 December 2010) names them Units 4512 and 4711 and counts 18 units. Since a 2011 amendment, they "shall each be entitled to only one vote" (OR 27694/2326, p. 2).
• The developer's lender. Mutual Benefit Life's consent as mortgagee leaves its mortgage's date, book and page blank. No release appears below, so confirm the unit's release.
• The names. The pre-2023 survey sheets say "Harbor View Condominium at Fisher Island", and the Secretary of State's certificate on the articles spells "CONMDOMINIUM". Use the declaration's names, which match the articles' own caption, on the deed, the commitment and the estoppel request.

The association's assessment lien runs from the declaration's 1989 recording, evidenced by a recorded claim of lien (§ 13.2). The buyer's joint liability for the seller's unpaid assessments (§ 13.1), interest and the $50 cap on fines (By-Laws § 5(m)) are the shared form's. Section 13.5 lifts earlier assessments off an Institutional First Mortgagee that takes title, unless a claim of lien preceded its mortgage. Chapter 718 can set a different limit (lender rules and FICA's lien).

The § 6.1 majorities and the § 20 termination vote follow the shared form, but § 20 itself cannot be amended without every Institutional First Mortgagee and, while it owns a unit, the Developer. This declaration yields to FICA's Master Covenants, which bind every owner (§§ 11.1, 23), so check which version is recorded.

We searched the Clerk's Official Records index, current through 9 October 2026, for Harborview's instruments recorded after 28 November 1989. It held the 1990 re-recording and the eight later instruments below, the newest recorded on 27 July 2023, and no other amendment to the declaration or By-Laws.