Palazzo del Sol / della Luna, Fisher Island: two buildings, one condominium

Under § 1.2, Palazzo del Sol / della Luna at Fisher Island, a Condominium, is a phase condominium, able to add buildings. The declaration's sketch (Exhibit "2-A") already named Building 70's parcel "Palazzo del Sol" and Building 68's land "Palazzo della Luna". The Seventh Amendment, recorded on 12 July 2019 (OR 31521/4927), added Building 68 as Phase II. That fell inside the seven years § 19.1 allowed from the first unit sale or, if earlier, the surveyor's certificate, recorded with the Second Amendment on 14 March 2016. The Eighth Amendment (OR 31539/340, 24 July 2019) is Phase II's substantial completion certificate.

Building 68 outgrew its reservation. Section 19.1 reserved Phase II 47 units, 46 residential and one commercial, but the Seventh Amendment gave it "fifty-one (51) Units", 50 residential and one commercial (§ 3.1(b)). Nothing we read explains the extra four. In 2021 the Sixteenth Amendment cut Phase II to 50 (49 residential and CU-2), and a Seventeenth cut Phase I from 44 to 43 (42 and CU-1). The 93 left match DBPR's 10 October 2026 list and the Property Appraiser's 93 parcels, which assess 7071 with 7072 and 6813 with 6826.

Every share moved. Shares follow square footage (§ 5.1(a)), and the Second Amendment's table covers Building 70 alone. The Eighth Amendment replaced the share table to take in Phase II, and its Exhibit 3 lists 93 residential units, CU-1 and CU-2. Unit 7001's 3.11% in 2016 (7,188 of 231,132 square feet), printed "0.0311%", now reads 1.38% on the Property Appraiser's record, citing "AMDT 31407-2749".

Only Phase II owners vote on matters concerning only Phase II units, including the election of the Phase II Directors (Seventh Amendment, p. 3). Since 2020 board terms are staggered, and each phase's owners elect its two directors (Eleventh Amendment, Articles § 10.3).

No one approves the buyer, FICA included, and the association lacks the right of first refusal, an option to buy on the outside offer's terms, that the older Island Developers declarations carry. Besides the two estoppels and the seller's resale documents, a closing needs three items.

• A deed copy. Each owner files one with the association (By-Laws § 11).
• Space assignments. The developer assigned parking, garage, golf-cart and storage spaces when it first sold each unit, by unrecorded writing (§ 3.3(c)–(d)), so get the association's record. Amendments from 2020 to 2022 changed the garage sheets for both phases.
• The Guest Studio. Amendments from 2018 to 2022 moved studios between units, and since 2020 an owner's studio exchange "shall require prior written approval from the Association" (§ 3.3(i)). Read the latest amendment naming the unit.

Only with the association's prior written approval, which may depend on "an acceptable background and financial check" (§ 17.8). A lease covers the whole unit for at least twelve months, once a calendar year counting renewals, and after an early move-out the unit waits out the twelve months. The owner reports each tenant and is jointly liable for the tenant's violations, and the association may collect the rent while the owner is delinquent. A leased unit's owner uses the common elements only as a guest. No Guest Studio is leased apart from its unit, and none of this binds the Commercial Unit. The amendments recorded through 9 October 2026 leave § 17.8 as declared.

Without approval, FICA "may deny access to the Transportation System", the ferry, to the tenant (its tenant rules). Any later leasing amendment binds only consenting owners and buyers who take title afterwards (§ 718.110(13)).

An assessment ten days late bears interest "at the highest rate permitted by law" and a late fee of the greater of $25 or 5% (§ 13.3). The lien relates back to 30 December 2015, but its date against a first mortgage of record is the recording of a claim of lien. Installments may be accelerated on 30 days' notice once a claim of lien is recorded.

On taking title, a first mortgagee owes the lesser of twelve months' assessments or 1% of the original mortgage debt, provided the association was a defendant in its foreclosure (§ 13.6). Chapter 718 sets the same limits; underwriting decides which governs a sale.

The developer guaranteed assessments to the earlier of 31 December 2016 or turnover, extendable by up to two fiscal years (§ 13.10), and we ask the association what remains open under it. Special or capital assessments over 3% of the budget need a majority vote, except for an "Extraordinary Financial Event" (§ 13.2(c)). The By-Laws cap a fine at $100 per violation and $1,000 in total, and bar fines from becoming liens (§ 5.1(m)).

Exhibit "1" calls "S65°13'00"E for 104.69 feet", but sheet 5 of both surveys says 104.39, and on our check the description closes on 104.39. The Second Amendment left Exhibit "1" unchanged. We convey by unit number and recording reference, and flag the call to the underwriter if metes and bounds are used.

An easement agreement (OR 16853/566 and 16853/593) reserves about 50 feet along Government Cut to the Army Corps of Engineers and others, and limits that strip's use and improvement. Owners accept it and the listed encroachments, a beach path, jetty rocks, fences, paved areas, a catch basin, and a golf path and fire access road (§ 3.4(n)). Expect a commitment exception.

FICA and its members, guests and tenants hold a non-exclusive easement over the Roadway, which FICA's assessments are to keep up as a FICA Common Area (§ 3.4(k)). The declaration lets CU-1 serve any lawful use outside the "Prohibited Uses", with no approval needed for signs and equipment on its outside surfaces and terraces (§§ 2.43, 3.3(b), 17.1). A 2017 covenant by the association (OR 30807/2745) restricts CU-1 to management office, welcome desk and conference use, for common purposes.

Under the Tenth Amendment of 2020, work on a developer-owned unit needs no approval from the association or its board if the developer approved it and it began before the sale. That holds "even if such work continues after title to the Unit has been conveyed" (p. 2).

Cite the amendments by book and page. Two different instruments are titled Seventeenth Amendment, one setting Phase I's count (OR 32651/865) and one moving a studio (OR 32895/3282, re-recorded at OR 32969/1759). The Eighth Amendment's recitals place the Seventh at page 4937, but the index has it at OR 31521/4927.

Tri-Star Capital Ventures Ltd. subordinated its mortgage to the declaration with no recording reference, so we confirm the unit's partial release. OR 29908/491, holding the end of Article 15 and §§ 16.1–16.2 (casualty and condemnation), printed blank in our copy, so we pull it before relying on them.

Amendments need over two-thirds of all voting interests, and material ones the owners and lienholders affected (§§ 6.1, 6.2). The developer could amend alone while it controlled the board (§ 6.5(a)), and it recorded the First to Thirteenth Amendments from 2016 to 2020 and the studio Seventeenth in 2021. Members' meetings adopted the Sixteenth and the unit-count Seventeenth (OR 32651/865) in 2021. Termination takes 80% of owners and 67% of institutional first mortgagees (§ 20).

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for the association's and the developer's instruments recorded after 14 March 2016. It listed the Third to Twentieth Amendments, the newest recorded on 8 December 2022, with the 2017 CU-1 covenant and the 2023 deed of CU-2, and no later amendment. The CU-2 deed, like the Army Corps easement, plat and Tri-Star mortgage, is unread.