Marina Village Gardens No. Two, Fisher Island: unit numbers, resales and rentals in Building 40

The First Amendment of 21 November 1988 renumbered some units (Official Records Book 13899, Page 1043, or OR 13899/1043). It replaced the survey (Exhibit 3) and swapped the number-and-share schedule (Exhibit 2) for a new one said to be attached. None of its 20 recorded pages holds the new schedule. A Certificate of Amendment recorded 26 November 2025 (OR 35047/2596), from a meeting on 10 November 2025, now supplies a new Exhibit 2 of shares and a corrected as-built survey as Exhibit 3.

Before the deed is drawn, we test number and share against the Clerk's record, including that 2025 schedule, and Condominium Plans Book 218, Pages 1 and 14. The Property Appraiser folds Unit 40303 into 40301 "PER AMENDMENT OR 29501-4130", and 40204 into 40206 citing nothing. OR 29501/4130, recorded 13 February 2015, is the members' written consent authorizing the combination of 40301 and 40303 and a declaration amendment.

An amendment recorded 29 March 2019 (OR 31384/3749) takes § 3.1 from 19 residential units to 18, and from 42 units in all to 41. That matches the two pairs the Property Appraiser shows combined. The 2025 Exhibit 2 has no total line, but it lists the same 41: 18 residential units, 40201 to 40311, and 23 commercial, 40101 to 40123 (OR 35047/2599). The Developer may alter, subdivide or combine units it owns, reallocate their shares and amend alone to do so (§ 10).

Two, the estoppel and the first-refusal certificate, both under the corrected name (§ 2.4). The condominium is still "Marina Village Gardens No. Two Condominium at Fisher Island" (§ 1.3). Either a Unit Owner or a mortgagee may ask for the estoppel, which sets out what the seller owes, and § 13.7 shields whoever relies on it. FICA, the island's master association, levies its own assessments and holds its own lien (§ 22), so its estoppel is a second order.

Parking assignments are written, unrecorded and copied to the association (§ 3.3(c)(ii)), so we ask it for the unit's assignment and any rules adopted since 1989. A corporate buyer needs no approval but votes only through a certificate filed with the Secretary (By-Laws § 3.5(c)). Chapter 718 also makes the seller hand over the resale documents.

With a right of first refusal, the association may step into an outside buyer's shoes. Here it applies to any sale not made by the Developer, and to no lease (§ 18.1). Marina Village (Building 41) and Marina Village No. Three (Building 42, terminated in 2024) were declared on the same form.

The seller's registered-mail notice to the Board counts as an offer on the outside terms. The association or a designee then has 30 days from the notice to accept by certified mail, and 45 days to close at its attorneys' office. We allow the 30 despite a later "twenty (20) days", and the rest of the timetable follows the shared steps.

Anyone relying in good faith on the § 18.5 certificate, an officer's acknowledged statement that the right was met or waived, may treat it as conclusive. The deed is deemed the buyer's assumption of the Master Covenants, declaration, By-Laws, Articles and rules. After a release or waiver, the unit "may be sold, conveyed or leased free and clear" (§ 18.4). The rest of § 18, from the members' vote to the exemptions, tracks the developer's other declarations (§§ 18.1, 18.2, 18.7–18.9).

Yes, as often and for as long as the owner likes, to anyone (§ 17.8). Section 17.8 asks for no approval, notice, minimum term or deposit, and is silent on subleases. A tenant's breach leaves owner and tenant jointly and severally liable. A company owner's officers, directors, designees or employees using its unit are not tenants.

Tenants register with FICA, whose ferry rule turns on a missing association approval and so never applies here (FICA's tenant rules). No amendment recorded through 9 October 2026 changes § 17.8. A rental restriction adopted later would reach a buyer whose deed came after it (§ 718.110(13)).

Under § 24.1, no amendment or enforcement may discriminate against residential or commercial units without a majority of that kind's owners. Zoning permitting, the 23 commercial units may hold shops, services or other businesses (§ 17.1). The declaration and its 1988 and 1989 amendments name none of their owners or occupants, and never mention the Fisher Island Club.

A buyer owes the seller's arrears, with interest, on the developer's standard terms (§§ 13.1, 13.2). A recorded claim of lien evidences the lien, which dates from the declaration's recording and also secures attorneys' fees and costs (§ 13.2). On 30 days' notice the association may demand three months' installments early. A bank holding a first mortgage owes no earlier assessments after a deed in lieu or a foreclosure naming the association, unless a claim of lien for them was recorded before the mortgage (§ 13.5). Underwriting weighs that rule against Chapter 718's cap.

Fines top out at $50.00, follow notice and a chance to be heard, and never become liens (By-Laws § 5(m)). For amendments, the standard majorities apply (§ 6.1), but none may affect the Developer's or mortgagees' rights without their consent (§ 6.4). Every owner appointed the Developer its irrevocable agent to sign government consents to the plan of development (§ 24.12).

The Articles and By-Laws § 18 let the association run other Fisher Island condominiums, with separate budgets and votes on each one's matters limited to its owners. Nothing in the table shows that it does, that the Marina Village associations have merged, or that the Developer or a successor still owns a unit. Section 22 binds every owner to FICA's Master Covenants (OR 13008/2052), and we check which text of them governs today.

In October 2026 we searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for this association's instruments recorded after 3 February 1989. It found the three from 2015, 2019 and 2025 in the table, and nothing else that changes the declaration.