Oceanside No. Five, Fisher Island: Building 72, its leases and Unit 7201

• The association's own estoppel, separate from FICA's, stating the assessments the seller owes under its lien (§ 13).
• The first-refusal certificate, signed and acknowledged by an officer. It is "conclusive with respect to all persons who rely on such certificate in good faith" (§§ 18.4–18.5). We record it with the deed, which the declaration does not require.
• The unit's parking, golf-cart and storage spaces, each a limited common element reserved to it. The association keeps a copy of the unrecorded written assignment (§ 3.3(b), (d)).
• Who will live in a unit bought by a company, partnership or trust. Section 17.1 confines it to the buyer's officers, partners, beneficiaries or designees, with their families.
• The association's current rules, since the recorded ones are incomplete.

Chapter 718's resale package is the seller's to deliver.

All except the Developer's and those by the "Owner of Unit 7201", whom § 18 leaves out. The association or its designee may take any other sale or lease on the same terms, its right of first refusal. Its 30 days to elect run from receiving the owner's registered-mail notice of the bona fide offer and any information the Board asks for (§ 18.1).

The rest follows the Island Developers timetable, whose later "within twenty (20) days" clashes with the 30, so we allow 30. On a purchase, the seller pays the documentary stamps and delivers title evidence 30 days before closing.

The members' vote, voidable sales and the family, foreclosure and gift exemptions (§§ 18.2, 18.7–18.9) are shared across the Island Developers form.

Yes, once a calendar year at most, as a whole unit (§ 17.8). The written lease needs the association's approval and must let it end the lease on the tenant's default. The owner notifies the association before each tenancy and stays answerable for the tenant, jointly and severally.

No minimum term is set, but a stay of over a month counts as a lease unless the Board decides otherwise. One family may live in a unit, at most two people per bedroom and one per den (§ 17.1).

A tenant without the association's approval can be turned away from FICA's ferry. No amendment recorded through 9 October 2026 changes § 17.8, but a later one would bind a later buyer (FICA's rule and Chapter 718's). Changing the leasing or sale restrictions also needs the approval of Institutional First Mortgagees, banks holding first mortgages, on units with at least 51% of the mortgaged units' votes (§ 21.2).

It "shall not be used for residential purposes, but may be used for any other lawful purpose" (§ 17.1), and Exhibit 2 labels it "COE". Like § 18, the leasing section leaves it out (§ 17.8). The declaration and its 1993 and 1995 amendments name neither its owner nor its use.

Under § 9.1 as amended by the 2023 Fourth Amendment (OR 33593/2239, recorded 23 February 2023), an owner needs the Board's written consent before altering the unit or the common areas. Section 9.1 bars "any addition, alteration or improvement In or to the Common Elements, the Association Property, his Unit or any Limited Common Element" without "the prior written consent of the Board of Directors" (p. 3). A Board that stays silent for 30 days is deemed to consent.

The same amendment added § 9.3, which requires impact glass and allows 180 days to replace protection that does not comply (p. 4). It adds that "All Unit Owners must obtain the written approval of the Association's Board of Directors prior to replacing any high impact glass or hurricane shutters…".

A 1996 amendment to § 3.1 protects Unit 7292 (OR 17081/4262, recorded 1 February 1996). Without its owner's prior written consent, nobody may build or use a "Penthouse" or other dwelling unit above it, or make "any increase in the height of the Improvements" (p. 1).

FICA's architectural control has been delegated to the neighborhood associations since a notice recorded on 13 May 2026 (OR 35298/4403), and FICA keeps its veto.

Our copy of the declaration lacks six recorded pages, which we pull from the Clerk. Official Records Book 15664, Pages 835–837 and 840 (OR 15664/835–837, 840) held the original By-Laws, restated in 1993. OR 15664/847–848 were pages 2 and 3 of the Schedule "A" rules, which were not restated, so the rules break off in rule 14.

Rules 22 to 24, setting the renovation calendar, sit on two typed, unrecorded pages with no date, signature or adopting resolution.

The developer could amend alone only while it controlled the Board, and never on time-shares or Material Amendments, those changing a unit's size, appurtenances or share (First Amendment § 6.4). Its 1995 pet amendment, made alone, recites that it "currently has the right to elect a majority of the Board" (OR 16992/202). Nothing else shows it still had control then, so whether the amendment stands is for underwriting. The 1996 height amendment is also the developer's, and the same question applies to it.

A 2008 notice records the association's opt-out, by majority written consent, from the statutory voting and election procedures (§ 718.112(2)(b)2 and (d)3). It readopted the By-Laws' own procedures (OR 26195/692).

The First Amendment made the same changes as Oceanside No. Four's. The lien now relates back to the recording date, 29 September 1992, because that came after 1 January 1992. It binds a first mortgage of record only from a recorded claim of lien (First Amendment § 13.2).

A first mortgagee taking title owes at most six months of the assessments due before then, and never more than 1% of the original mortgage debt (First Amendment § 13.5). Where that lender joined the association as a defendant in its foreclosure, Chapter 718 limits it to the lesser of 12 months' assessments and 1% of the original debt. Underwriting decides which governs, and the estoppel shows what the association claims.

An installment unpaid for 15 days bears interest at the highest lawful rate, plus a late fee of up to $25.00 or 5%, whichever is greater. After 30 days' written notice and a recorded claim of lien, the association may accelerate the rest of the budget year's installments. A defaulting owner's rents are deemed assigned to the association (§ 13.2). A buyer by voluntary conveyance takes on the seller's unpaid assessments, jointly and severally with the seller (§ 13.1).

The restated By-Laws cap fines at $100.00 a violation and $1,000.00 in all, after a hearing, and no fine becomes a lien. Amending takes "in excess of 66 2/3% of the voting interests" (First Amendment § 6.1). A Material Amendment also needs the joinder of the affected owners and their lienholders (First Amendment § 6.2).

Owners belong to FICA under § 22, which incorporates the Master Covenants (OR 13008/2052), so confirm which version is of record.

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Oceanside No. Five's instruments recorded after 15 November 1995. It listed the 1996, 2008 and 2023 instruments below and no other amendment.