Palazzo del Mare, Fisher Island: Building 71 resales, leases and design limits

Neither the association nor FICA has to approve the buyer. The Articles allow an approval only where the declaration provides one (§ 5.2(g)), and the 2007 declaration provides none. Besides the seller's resale documents and the first-refusal round below, the file needs these.

• Two estoppels. The association's, a statement of what the seller owes, is promised within 15 days of a written request (§ 13.7). Chapter 718 now requires it within 10 business days, for a reasonable fee inside the statutory caps. FICA's is a second order, since all owners are members (§ 22).
• The information fee. Good-faith answers to a would-be buyer or lienholder, beyond what the law requires, may cost up to $150 plus copying and attorney's fees (By-Laws § 18).
• Space assignments. Storage, parking and golf-cart spaces, Supplemental Quarters and Cabanas become a unit's limited common elements, reserved to it, once assigned in a writing kept off the public record (§ 3.3(b)–(e)). Parking and golf-cart spaces were assigned when the developer sold each unit (§ 3.3(c)(ii)). Since 2015 the association may also charge a fee for "temporary exclusive use of any portion of the common elements for parking purposes" (§ 3.3(c)).
• The rules. The By-Laws' Schedule "A" of initial rules was not recorded with the declaration, but the developer recorded it with the First Amendment on 12 October 2007 (OR 25986/1423). The Board may change rules by sending owners copies at least 30 days before they take effect (By-Laws § 14).
• Ownership filings. A copy of the buyer's deed goes to the association (By-Laws § 11). For a corporate owner, an officer signs a certificate naming its voter, filed with the Secretary (By-Laws § 3.6(c)).

A right of first refusal lets the association buy a unit on the terms an outside buyer has offered. The 2007 declaration had none. The Fourth Amendment, adopted by written consent of more than 66⅔% and recorded on 4 August 2020 (OR 32035/61), added one as § 17.17. It is the association's own text, not the § 18 first refusal of the older Island Developers declarations.

"No Unit Owner other than a first mortgagee or their successor or assign, may sell their Unit, except by complying with the following provisions" (p. 3). The offer must come with "$100.00 per applicant (or such greater amount as may be required by the Association and permitted by the Act) representing a screening fee." The association then has 20 days to elect to buy, and must close within 30. Institutional first mortgagees are exempt (p. 5). The right covers sales, not leases.

Yes. Leasing of Units "shall not be subject to the prior written approval of the Association" (§ 17.8). No amendment recorded through 9 October 2026 changes that.

Leases are written, take the whole unit and last six months or more. No more than one may begin in a calendar year, counting renewals. The owner tells the association whenever a tenant will move in and is jointly and severally liable for the tenant's violations. "If so required by the Association", the owner also pays a deposit of no more than one month's rent. A lease ranks below the association's lien, and during it the tenant, not the owner, uses the amenities.

FICA registers tenants but can keep one off the ferry only where a required association approval is missing, and Palazzo del Mare requires none (FICA's rules for tenants). An amendment restricting leases would also need a Majority of Institutional First Mortgagees, lenders holding first mortgages on units (§ 20.2(j)). It would bind only consenting owners and later buyers (Fla. Stat. § 718.110(13)).

Palazzo del Sol / della Luna, next door, shares this developer form but has no first refusal and has its own leasing, lender and assessment terms.

The declaration's Exhibit "3" set shares by unit type: A and D 2.765% each, B and C 2.622%, E 5.263%. Tower Suites One (7191) and Two (7193) carried 4.218% each, and the Penthouses (7102 and 7192) 5.263% each. Those 29 shares total 100.005%.

A Second Amendment, approved by a 66⅔% vote on 3 December 2013 and recorded on 31 March 2014 (OR 29088/4614), recorded a unit combination with new Exhibits 2 and 3. The Third Amendment of 4 December 2015 then took § 3.1 from 29 units to 28 (OR 29877/4765). In 2021, Units 7183 and 7191 took in limited common element space (OR 32475/3460), and so did Unit 7153 (OR 32743/3571). A file on any of those units needs its amendment, and a unit's share comes from the 2014 table or a later one.

Under § 17.4 every owner agrees that the building's design must always accord with a 2005 Arbitration Agreement (Exhibit 6). It records design revisions agreed with Fisher Island Holdings, LLC to the penthouse gazebos, a Level 10 balcony and a second "Guest Cottage". Ask the association about it before any design change.

The slabs' post-tension cables and rods are common elements that "MAY NOT BE DISTURBED OR ALTERED WITHOUT THE PRIOR WRITTEN CONSENT OF THE BOARD" (§ 3.2(c)). The drywall on the unit's boundary belongs to the unit (§ 3.2(b)).

Storm shutters follow the Board's specifications and need the association's approval to install. They stay open until a storm watch or warning is announced, and the association need not install, open or close any unit's shutters (§ 17.13).

The developer's lender, Deutsche Bank Trust Company Americas, subordinated its mortgage to the declaration, which gives no book and page for it.

Assessments unpaid for ten days carry 15% annual interest and a late fee of $25.00 or 5%, whichever is greater (§ 13.3). The lien takes its priority from 7 August 2007, except against a first mortgage of record, which it binds only once a claim of lien is recorded. Installments may be accelerated after 30 days' notice.

A buyer answers, jointly and severally with the seller, for unpaid assessments that fell due up to the conveyance (§ 13.1), and Chapter 718 says the same. If a first mortgagee takes title, it owes six months' assessments or 1% of the original mortgage debt, whichever is less, and then only if the association was joined in its foreclosure (§ 13.6). Underwriting decides whether that cap or Chapter 718's 12-month version governs.

A corrected Third Amendment of 31 December 2015 (OR 29909/928) submits the condominium to "the Florida Condominium Act as it may be amended from time to time" (§ 1.2, p. 5). That submission "shall not be interpreted or applied so as to curtail or otherwise impair the vested rights of any first mortgagee" whose mortgage came before it.

Fines top out at $100 a violation and $1,000 overall and cannot become liens (By-Laws § 5.1(m)). Borrowing above $250,000.00 needs two-thirds of the units at a meeting (By-Laws § 5.1(o)). Special or capital assessments above $125,000.00, or pushing the year's total past 115% of the year before, need a majority vote (§ 13.2(c)).

Amending the declaration takes more than 66 2/3% of all voting interests (§ 6.1), plus the affected owners and lienholders for a material amendment (§ 6.2). While the developer elected a majority of the board, it could amend alone (§ 6.5). Amendments on fourteen listed subjects, including restrictions on the sale or transfer of title, also need a Majority of Institutional First Mortgagees (§ 20.2(k)).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Palazzo del Mare's instruments recorded after the declaration. It listed the seven amendments below, from 2007 to 2021, and no other.