Oceanside No. Two, Fisher Island: selling, leasing and renovating in Building 79

The association can do both. Its right of first refusal lets it, or its designee, take the deal on the outside offer's terms. Declared in the words of Building 80's Oceanside and Oceanside No. Three, § 18 reaches every lease and every sale except the Developer's.

A 2010 amendment, recorded 4 June 2010 at Official Records Book 27308, Page 2287 (OR 27308/2287), added the power to refuse. Section 18.1 still covers an offer "to purchase or lease his Unit", but the association may now elect "to disapprove the purchase, or to purchase such Unit or to lease such Unit" (p. 2). For a sale, § 18.2 has the seller and buyer give it "all necessary information, including, but not limited to, the written notice and application materials" (p. 4). "The Association may disapprove for cause any proposed sale or lease", and after doing so for cause it "shall have no further obligations based upon this Paragraph" (p. 4).

As declared, once the Board has the owner's registered-mail notice and any information it asks for, the association has 30 days to elect by certified mail, though a later sentence says 20 (§ 18.1). Its purchase closes within 45 days at its attorneys' office, the seller paying the documentary stamps and other taxes and supplying title evidence. Taking a sale or lease needed a majority of the units present at a meeting (§ 18.2). The 60 days a pass leaves the owner, the voidability rule and the §§ 18.7–18.9 exemptions follow the shared form. Read the 2010 text of §§ 18.1 and 18.2 for any change to these steps.

FICA, the master association, issues its own estoppel, and the seller owes the buyer the resale documents. Six more items concern the Building 79 association.

• Its own estoppel, stating what the seller owes it. It is due 15 days after an owner or mortgagee asks (§ 13.7).
• For a sale, the seller's and buyer's application under § 18.2.
• A § 18.5 certificate that the first refusal was waived or ended. An officer signs and acknowledges it, and anyone relying on it in good faith may treat it as conclusive.
• The association's copy of the parking assignment. Each unit has "the exclusive use of one or more parking spaces", assigned by the Developer in writing but not recorded (§ 3.3(c)(ii)). A space can be assigned only together with its unit (§ 3.3(c)(iv)).
• A tenant in place. If the unit is let at closing, check that the association approved the lease (§ 17.8).
• Who will live there, for an entity buyer. Section 17.1 limits an entity's or trust's unit to its officers, partners, fiduciaries or designees and their families.

From 1 December to 31 March, under 18 construction rules the board adopted "in furtherance of Section 9.1 of the Declaration". Each owner is asked to sign the "Oceanside Two Condominium Association Construction and Contractor Rules and Regulations", three undated, unrecorded pages, so ask the association whether they are current. FICA's work rules also apply.

Section 17.10 requires sound-absorbing backing, to the association's standard, under any hard floor outside first-floor units, kitchens and bathrooms. Rule 13 adds that hard-surface flooring must have "a minimum s.t.c. rating of 55" (a sound transmission class rating). Owners need the association's prior written consent to fix anything to the outside walls, doors, balconies or windows, including storm shutters, awnings, screens, signs and window tinting (§ 17.9).

Once a year. Section 17.8 allows a lease "no more than one (1) time in any calendar year", and only with the association's approval. Since 2010 the association may also disapprove a proposed lease for cause (§ 18.2).

Each lease covers the whole unit, is in writing and lets the association terminate it on the tenant's default. The association may hold up to "one month's rental" in escrow, refunded within 15 days after the tenant leaves. Before every new tenancy the owner must notify the association, and remains jointly and severally liable for the tenant. A sublease, an assignment or a renewal that changes more than the end date and rent goes back for approval.

The declaration sets no minimum term, lease form, fee or approval deadline beyond the 20 days in § 18.1. A guest staying over a month counts as a lessee (§ 17.1). Without the association's approval, FICA can refuse the tenant the ferry. A later leasing amendment that bans rentals or changes their term or frequency would bind only consenting owners and buyers taking title after it (§ 718.110(13)).

A 2019 amendment merged Units 7935 and 7936, taking § 3.1 from 49 units to 48 (OR 31413/2945), and a November 2020 amendment separated them (OR 32204/2606), so title to either runs through both. Since an August 2020 certificate, planter area B is a limited common element of Unit 7917 (OR 32061/4025).

The 1990 contractor's lien was moved to a cash bond, so it should no longer encumber the land (OR 14523/2296). The table has neither the developer's mortgage to Mutual Benefit Life nor a release, so get proof the unit was released.

Assessments and amendments (§ 6.1) follow the shared form's original version. The buyer and seller owe any arrears jointly and severally (§ 13.1). Late assessments bear interest "at the highest lawful rate" after 15 days, under a lien dating from the declaration's recording (§ 13.2). A bank holding a first mortgage (an Institutional First Mortgagee) that takes title owes nothing earlier unless a claim of lien came first (§ 13.5). Chapter 718 may instead cap a first mortgagee taking title by foreclosure or deed in lieu at 12 months' assessments or 1% of the original debt, whichever is less, if it joined the association as a defendant.

The by-laws cap a fine at $50 and bar it from becoming a lien. Ending the condominium needs the declaration's "Primary Institutional First Mortgagee" as well as 80% of the interests (§ 20), and the association needs 75% of owners to sue (§ 25.2). Because FICA's Master Covenants override the declaration (§§ 11.1, 23), we confirm which version is of record.

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Oceanside No. Two's instruments recorded after 26 April 1990. It listed the six from 2009 to 2020 below and no other amendment.