Oceanside No. Three, Fisher Island: resales, leases and assigned spaces in Building 78

• What the seller owes. The association's estoppel states it, and the buyer takes it on jointly and severally (§ 13.1), under a lien dating from the declaration's recording (§ 13.2).
• Proof the first refusal is cleared. The § 18.5 "waiver or termination certificate" shows the association waived its first refusal or did not use it.
• The unit's spaces. Storage was "to be assigned to the Unit by the Developer at the closing" in an unrecorded writing copied to the association (§ 3.3(b)). Each unit is also "entitled to the exclusive use of one or more parking spaces and one or more golf cart spaces" (§ 3.3(d)(ii)). Extra parking or golf-cart spaces may be assigned (§ 3.3(d)(iii)).
• Who may live there. If a corporation, partnership, trust or other fiduciary owns the unit, only its officers, partners, fiduciaries and designees and their families may occupy it (§ 17.1).
• A tenant in place. Its lease needs the association's approval (§ 17.8).
• What the seller must hand over. The resale documents Chapter 718 lists.

The association's right of first refusal lets it take a lease, or a sale other than the Developer's, on the outside offer's terms (§ 18). The owner sends the board the offeror's name, address and terms by registered mail (§ 18.1). The association or a designee may elect by certified mail within 30 days of that notice and any information the board reasonably requests. A later sentence allows 20 days to accept, or to reject a proposed lease. The two periods conflict, so we count 30 and rely on the certificate.

An election leads to a closing, or a signed lease, within 45 days at the association's attorneys' office. The seller pays the documentary stamps and other taxes and supplies an abstract or title binder 30 days ahead. A pass by the association leaves the owner 60 days to take the outside offer. Building 78 keeps the Island Developers form's members' vote (§ 18.2), voidability rule (§ 18.1) and exemptions (§§ 18.7–18.9) unchanged.

Section 17.8 allows one lease a calendar year, of the whole unit, and says "All leases shall be in writing, be approved by the Association". The association must be able to terminate any lease on the tenant's default.

Approval covers a sublease or assignment too, and any renewal changing anything beyond the end date and rent. Before each tenant occupies the unit, the association must hear from the owner, who stays jointly and severally liable for the tenant. Up to a month's rent can be required in escrow, repaid within 15 days of move-out.

A guest staying past a month counts as a lessee (§ 17.1), and FICA may keep a tenant off the ferry if the lease lacked advance approval. Under § 718.110(13), a later amendment that bans rentals, changes the term or limits frequency binds only consenting owners and buyers taking title after it (FICA's tenant rules and the statute).

Alterations need consent from FICA's board or the association's, whichever applies, and it is deemed given after 30 days (§ 9.1). Since 1997, § 7.1 adds that "Association approval is required for Unit Owner to change the exterior color scheme of the entrance door(s)" (OR 17746/4311, p. 2). The unit includes its exterior glass and frames (§ 3.2(c)). Awnings, signs, storm shutters, screens, window tinting and anything else fixed outside need the association's written consent first (§ 17.9). Under § 17.10, hard-surfaced flooring needs sound-absorbing backing to the association's standard, though first-floor units, kitchens and bathrooms are excepted.

The developer used the form of Oceanside and Oceanside No. Two but added storage spaces, golf-cart spaces and § 25, which disclaims every warranty beyond the Condominium Act's own. That moved the Additional Provisions to § 26, where those two declarations have them at § 25. Owners accepting title "(WHETHER FROM THE DEVELOPER OR ANOTHER PARTY) SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED" the disclaimed warranties, so a resale buyer is bound too.

The developer's lender, The Mutual Benefit Life Insurance Company, consented to the declaration, and no release is in the table.

Section 22 shares the pool "located within the Condominium Property" with an adjacent condominium whose declaration provides for it, splitting the cost by unit count. Oceanside No. Four's declaration gives its owners the use of this pool (No. Four Decl. § 22, OR 15500/3243), so ask both associations how they divide the cost.

Under § 13.5, a bank holding a first mortgage (an Institutional First Mortgagee) that takes title is free of earlier assessments if its mortgage was recorded before any claim of lien. A first mortgagee taking title by foreclosure or deed in lieu has a Chapter 718 cap of the lesser of 12 months' assessments or 1% of the original debt. It keeps that cap only if its foreclosure joined the association as a defendant. Underwriting picks the rule (lender and lien rules).

By-law fines top out at $50.00, and none may become a lien. Section 23 makes every owner a member of FICA, bound by its Master Covenants, and we confirm which version is of record. Amending the declaration takes owners of more than 50% of the units with 66 2/3% of the board, or owners of more than 80% (§ 6.1). Termination needs 80% of the interests and the Primary Institutional First Mortgagee (§ 20), and the association needs a 75% owner vote to sue (§ 26.2).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Oceanside No. Three's instruments recorded after 8 November 1990. It listed the 1997 and 2023 amendments below, a 2015 certificate we have not read, and no other amendment.