Oceanside No. Four, Fisher Island: resales, leases and two renumbered units

The surveyor numbered them wrong. A 1994 amendment at Official Records Book 16283, Page 4335 (OR 16283/4335) deems the survey's Units 7715 and 7775 (Exhibit 3) to be 7716 and 7776. The share table (Exhibit 2), whose shares run from 1.461% to 3.648%, was not reprinted and still shows the old numbers.

Beyond two estoppels, statements of what FICA and the association are owed (§§ 13.1–13.2), a closer needs three things.

• The officer's certificate. It shows the first refusal was waived or ended and is conclusive for anyone relying on it in good faith (§§ 18.4–18.5).
• Proof of the unit's spaces. Parking, golf-cart and storage spaces are limited common elements, each assigned to a unit by an unrecorded writing the association keeps (§ 3.3(b), (d)). The developer's original assignment passes only with the unit, while extra spaces can be reassigned to another unit. Ask the association which spaces this unit holds.
• A corporation, partnership or trust as buyer. Occupancy is then limited to its officers, partners, beneficiaries or designees and their families (§ 17.1).

Chapter 718's resale documents are the seller's separate duty.

Thirty days to decide, then 45 to close if it buys. Section 18.1 gives the association a right of first refusal, letting it take the deal on the outside buyer's terms. Leases are covered too, though the Developer's own sales are not.

The association or its designee gets the 30 days once the Board has the owner's registered-mail notice and any extra information requested. Buying leaves the documentary stamps with the seller, who must produce title evidence at least 30 days before closing.

The later sentence giving "twenty (20) days", the members' vote (§ 18.2) and the exemptions (§§ 18.7–18.9) follow the shared Island Developers wording. A gift or inheritance escapes the right, though the new owner stays bound by § 18 (§ 18.8).

Once a calendar year, with approval (§ 17.8). Each lease is in writing and for the whole unit, and a tenant's default lets the association cancel it. The owner reports every move-in beforehand and stands jointly and severally liable for the tenant. Approval also reaches subleases, assignments and any renewal altering more than the end date and rent. The association may charge nothing to approve renewing or extending an approved lease (§ 18.5).

A lease surviving closing needs proof of approval. A stay over a month makes the occupant a lessee unless the Board decides otherwise (§ 17.1), and FICA can keep an unapproved tenant off the ferry. Institutional First Mortgagees, meaning banks holding first mortgages, must approve any change to the leasing or sale restrictions (§ 21.2(j)–(k)). A future amendment banning rentals, or changing their term or frequency, binds only the owners who consent and those who take title after it (Chapter 718 and the ferry).

Shutters, the lien, lender liability, fines and the amendment vote. The developer recorded it alone on 22 December 1992 (OR 15756/169), reciting that it could still elect a board majority. While it could, § 6.4 let it amend without the owners, except on time-shares and on changes to a unit's size, appurtenances (the rights that pass with it) or share. Those need the owner and all its lienholders to join (§ 6.2). Insurance, reconstruction or condemnation amendments need the Primary Institutional First Mortgagee (§ 6.3). Nothing below dates the handover of control.

• Shutters (¶ 4). The Board now sets code-compliant specifications and permitted colors, styles and materials (§ 9.1). "Subject to the provisions hereof, the Association shall approve the installation or replacement" of conforming shutters, so ask for current specifications.
• The lien (¶ 5). It relates back to 1 January 1992 or the declaration's recording, "whichever shall last occur" (§ 13.2). Until a claim of lien is recorded, it does not reach a first mortgage of record. Fifteen days late, an assessment draws the highest lawful interest and a late fee of up to $25.00 or 5% of the installment, whichever is greater.
• Foreclosing lenders (¶ 6). An Institutional First Mortgagee taking title by foreclosure or deed in lieu owes at most six months of earlier assessments, capped at 1% of the original mortgage debt (§ 13.5). Counting starts 30 days after its last receipt of principal or interest. As first recorded, § 13.5 excused it unless a claim of lien preceded its mortgage.
• Fines and amendments. The restated by-laws require a committee hearing, cap fines at $100.00 a violation and $1,000.00 in all, and make no fine a lien. Our copy lacks one by-laws page, OR 15756/179, so order it from the Clerk. Paragraph 3 changes the amendment vote to "in excess of 66 2/3% of the voting interests" (§ 6.1).

Chapter 718's cap, the lesser of 12 months' assessments or 1% of the original mortgage debt, applies only where that bank joined the association as a defendant in the foreclosure. The estoppel shows the association's figure, and underwriting settles which cap applies (lender rules).

The Mutual Benefit Life Insurance Company consented to the declaration as mortgagee. Neither its mortgage nor a release appears below, so the search must show this unit released.

A buyer by voluntary sale owes the seller's arrears jointly and severally (§ 13.1). Suing takes a 75% owner vote, except to collect assessments or enforce the declaration (§ 26.2), as in the shared form. FICA's Master Covenants outrank the declaration (§§ 11.1, 23), so the version of record matters.

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Oceanside No. Four's instruments recorded after 15 March 1994. It found nothing later, so the 1994 correction of Units 7715 and 7775 is still the newest amendment.