Seaside Villas, Fisher Island: combined units, open leasing and the shared pool

Often several of the 52 declared. As declared, § 3.1 treated the nine buildings, numbered 1 to 9, as one "Building" of "fifty-two (52) Units". Building 7 held eight units, Buildings 3 and 8 four each, and the rest six (Exh. 2). Unit numbers, 15111 to 15923, begin with the island building number.

Eleven amendments from 2011 to 2023 merged units and lowered that count step by step, as the table below shows. Since the last, recorded on 29 June 2023, § 3.1 says the Building, "(consisting of nine (9) separate buildings)", contains "twenty-six (26) Units" (OR 33773/752, p. 4). Its Exhibit 2 lists the 26 units, matching the Property Appraiser's 26 parcels.

The Appraiser lists 15511, 15513, 15521 and 15523 as joined to 15522. It shows Building 156 as Unit 15611 and Building 159 as Unit 15912, "FKA UNITS 15911/15912/15913 & UNITS 15921/15922/15923", and Units 15122 and 15123 as one, citing no amendment for those.

As declared, type A and B units carried 1.63% each, C 1.76%, D 2.03%, F 2.17% and E 3.23%, totalling 100.00% (Exh. 2). Two entries in that 1988 list are hard to read, so take a unit's share from the 2023 Exhibit 2 (OR 33773/756).

Our copy lacks survey sheets 13, 14 and 18 (OR 13564/1180, 1181 and 1185), and two unstamped, unnumbered copies of a Building 5 second-floor plan cannot replace sheet 13. For a unit in Building 6 or 8, or on Building 5's second floor, take its boundaries from certified sheets or the condominium plans.

Its estoppel and its first-refusal certificate, on top of FICA's estoppel and the seller's resale documents. The estoppel, the association's account of what the seller owes, protects a third party who relies on it (§ 13.7).

The association's right of first refusal lets it step in for an outside buyer at that buyer's price and terms (§ 18). It reaches every sale but the Developer's, never a lease. The seller's registered-mail letter to the Board, giving the offeror's name and address and the terms of a bona fide offer the seller means to accept, offers the association the unit on identical terms (§ 18.1).

We give the association or its designee the full 30 days after the notice and any information it requests, since a stray sentence in § 18.1 says 20. If it buys, it closes within 45 days on the seller's statutory warranty deed, the seller paying the documentary stamps and furnishing an abstract or title binder at least 30 days ahead. If not, the owner has 60 days to accept the outside offer (the island-wide steps).

The § 18.5 certificate, signed and acknowledged by an officer, is final proof that § 18.1 was met or waived for anyone relying on it in good faith. The declaration does not require recording it. The outside buyer's deed counts as assuming the governing documents and Master Covenants. The association may at any time void a sale that skips § 18.1. The § 18.2 members' vote and the §§ 18.1 and 18.7–18.9 exemptions follow the Island Developers form.

None in the declaration, and the amendments recorded through 9 October 2026 only merge units. Section 17.8 rules out limits on "the frequency of the leasing of Units", a tenancy's length and the choice of tenant. No approval, deposit, minimum term or notice is required.

The owner shares liability for a tenant's violations, jointly and severally. For a company owner, § 17.8 treats use by its officers, directors, designees and employees as no lease.

Units are for use "as a residence or as guest accomodations [sic] only", with occupancy capped by design or zoning (§ 17.1). Section 17.2 permits children, with no age limit.

FICA's ferry rule for unapproved tenants never applies here, but under Chapter 718 a rental limit adopted later would bind any later buyer (leasing amendments).

The pool lies within this condominium, whose survey marks "Pool, Spa Pool and Pool Deck are all Common Elements". Seaside's owners hold a non-exclusive easement to use it, under this association's rules, which may not discriminate against them (§ 22). The easement belongs among the commitment's exceptions.

Philadelphia National Bank's consent never identifies its mortgage by date, book or page, though its consent to Seaside's declaration cites OR 13642/1789. Confirm this declaration's mortgage was released as to the unit. No association joinder appears between the Developer's acknowledgment and the bank's consent, which we flag for title counsel.

A buyer by voluntary conveyance (the seller's own deed) owes the seller's arrears jointly and severally (§ 13.1). The association's lien, shown by a recorded claim of lien, dates from 5 February 1988. After 30 days' written notice of default, the association may call the next three months' installments early (§ 13.2). Interest (§ 13.2), fines (By-Laws § 5(m), after notice and a hearing), amendments (§ 6.1) and a foreclosing lender's share (§ 13.5) follow the shared form. Underwriting weighs § 13.5 against Chapter 718's cap for a lender that joined the association as a defendant in its foreclosure.

The association cannot borrow past "$10,000.00" in total debt without two-thirds of the units represented at a meeting (By-Laws § 5(o)). Capital additions over "$50,000.00 in the aggregate in any calendar year" need a majority of owners at a meeting (§ 8). Owners belong to FICA (§ 23), so we confirm which Master Covenants govern.

We searched the Miami-Dade Clerk's Official Records index, current through 9 October 2026, for Seaside Villas' instruments recorded after the 1988 declaration. It shows the eleven merger amendments and one re-recording below, and no other amendment.