Oceanside (Building 80), Fisher Island: first refusal, leases and title

These add to FICA's estoppel and the seller's condominium resale documents.

• The association's estoppel. This is its statement of what the seller owes, and unpaid assessments are a lien on the unit (§§ 13.1–13.2). Section 13.7 allows 15 days and protects those relying on it, but Chapter 718 now requires 10 business days from a written or electronic request.
• The § 18.5 certificate. An officer signs and acknowledges it to prove the right of first refusal was waived or met. It "shall be conclusive" for anyone relying on it in good faith, and we record it with the deed.
• The parking assignment. Each unit's exclusive spaces were assigned at the Developer's sale "in writing (but not recorded in the Public Records of the County)", with a copy kept by the association (§ 3.3(c)(ii)). A unit's own space stays with it, but extra spaces can move to another unit by unrecorded assignment (§ 3.3(c)(iii)–(iv)).
• Entity buyers. Under § 17.1 the unit may house only a corporation's officers, directors, stockholders, designees or employees, a partnership's partners, designees or employees, or the fiduciaries, designees or beneficiaries of a trust or other fiduciary, with their families.

Start with the Certificate of Amendment recorded on 27 February 2017 (OR 30435/432). It combined Units 8011 and 8021, and Units 8044 and 8053, and revised the Exhibit 2 shares. The Clerk indexes it as articles of incorporation, not as an amendment. The Property Appraiser carries Unit 8011 as "AKA UNITS 8011 & 8021 | GRP PER OR 30435-0432" and has cancelled Unit 8021's folio.

Two developer lenders, The Mutual Benefit Life Insurance Company and The Philadelphia National Bank, consented to the declaration but gave no recording data for their mortgages. Neither release is listed below, so confirm both.

A buyer also owes the seller's arrears (§ 13.1), and the lien dates from the 1989 recording, shown by a recorded claim of lien (§ 13.2). An Institutional First Mortgagee (a bank holding a first mortgage) that takes title by foreclosure or deed in lieu gets the shared form's relief from earlier assessments (§ 13.5). Here, though, it must have named the association as a defendant. That lender also falls under Chapter 718's cap, the lesser of 12 months' assessments or 1% of the original debt, and underwriting decides which governs (lender and FICA lien rules).

No fine may exceed $50 or become a lien (By-Laws). Amendment (§ 6.1), termination (§ 20) and the 75% owner vote to sue (§ 25.2), with its exemption for collection and enforcement, follow the shared form. Under § 6.4, reconfiguring a unit or changing its share takes that owner and its lienholders. Changing the insurance, casualty or condemnation sections also takes the Primary Institutional First Mortgagee.

Plan on 30 days, and 45 more if the association buys. Its right of first refusal (§ 18) lets it become the buyer or tenant on the outside offer's terms. The clock starts when the Board has the owner's registered-mail notice giving the offeror's name and address and the bona fide offer's terms, plus anything it asks for (§ 18.1). The same section later says 20 days, so we allow 30 and rely on the certificate (how the two conflict).

The association or its designee elects by certified mail. A purchase then closes at the association's attorneys' office, with the seller conveying by statutory warranty deed and paying the documentary stamps and "all other taxes arising out of such sale". The seller also supplies title evidence 30 days ahead. Short of funds, the association may finance the purchase or assess the other owners (§ 18.6). The owner gets 60 days to accept the outside offer once the association declines it.

The members' vote (§ 18.2), voidable sales and leases (§ 18.1) and the exemptions (§§ 18.7–18.9) follow the shared form, as at Oceanside No. Three. Anyone taking title by an exempt transfer stays bound. Oceanside No. Two declared the same terms but amended §§ 18.1–18.2 in 2010.

Once a calendar year, and only on a lease the association approves (§ 17.8). Check that any lease running at closing was approved. The association may also take the lease itself under § 18. The declaration sets no approval deadline beyond the 20 days in § 18.1, and no minimum term, form, fee or interview.

Only a written lease of the entire unit qualifies, and it must let the association terminate it on the tenant's default. The owner tells the association of each new tenant and stays jointly and severally liable for that tenant. If asked, the owner escrows as much as "one month's rental", which comes back within 15 days of the tenant moving out. Subletting, assigning, or renewing on changed terms other than rent and end date each need approval too.

A stay "for more than one (1) month" makes the occupant a lessee (§ 17.1). FICA can keep a tenant off the ferry when the lease lacked advance approval (FICA's leasing rules). Neither amendment recorded through 9 October 2026 touches § 17.8, and under Fla. Stat. § 718.110(13) a later rental amendment would still bind a new buyer.

In October 2026 we searched the Clerk's Official Records index, current through 9 October 2026, for the association's instruments recorded after 26 January 1989. It shows the two amendments below and no other amendment.