
Bal Harbour Condo Rental Rules and Minimum Lease Terms, Building by Building (2026)
By Ariel Lima ·
I am a real estate investment advisor at Douglas Elliman Real Estate, operating under the ViveFlorida brand, with twenty years in the Bal Harbour and Sunny Isles Beach oceanfront corridor. I am paid a commission when a client transacts, and nothing on this page recommends a building. Last verified October 12, 2026.
Can you short-term rent a condo in Bal Harbour, Florida? No. The minimum lease for a residential condominium unit is 6 consecutive months anywhere in the village, and has been since 2011. Four of the fourteen condominiums are stricter: Bal Harbour Tower at 24 months, Majestic Tower and The Palace at 12 months, and the Tiffany of Bal Harbour at exactly one year — no shorter and no longer.
At the Kenilworth, 10205 Collins Avenue, you cannot rent your unit to anyone for 24 months after you take title. At Balmoral, 9801 Collins Avenue, you may sign one lease every three years. At Bal Harbour 101, 10155 Collins Avenue, the board can take the lease you negotiated and put its own tenant into your unit on your terms.
I read fourteen declarations and the recorded amendments to them — 57 instruments at the Miami-Dade County Clerk, through October 12, 2026.
This page covers fourteen residential condominiums across thirteen oceanfront properties in Bal Harbour. The two numbers differ for one reason: the St. Regis property holds two separate condominiums, Bal Harbour North South at 9701 and 9705 Collins Avenue and Bal Harbour Center at 9703, each with its own declaration and its own rules. Going the other way, Oceana’s two towers at 10201 and 10203 Collins Avenue are a single condominium under one declaration, so they count once. A condominium, not a tower, is what the leasing rule attaches to.
Ask me a question about any of these fourteen condominiums and I will answer it in writing, at no cost. Send the building name and your question — that is enough. WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
Find your building
Street order, all addresses on Collins Avenue. The operative rule for any building is the more restrictive of the Bal Harbour Village floor and that building’s own declaration. A cell marked (ordinance) is a rule the declaration does not contain and the Village supplies.
| Address | Condominium | Minimum term | Frequency | Approval to lease |
|---|---|---|---|---|
| 9601 Collins Ave | Majestic Tower | 12 months | 2 per 12 months (ordinance); 1 in effect | required; refusable on any reasonable ground |
| 9701 / 9705 Collins Ave | Bal Harbour North South (St. Regis residences) | 6 months (ordinance) | 2 per 12 months (ordinance) | expressly none required |
| 9703 Collins Ave | Bal Harbour Center (St. Regis Center) | 6 months (ordinance) for Traditional Units · unresolved for Transient Units | 2 per 12 months (ordinance) for Traditional Units · unresolved for Transient Units | expressly none for Transient Units; none located for Traditional |
| 9801 Collins Ave | Balmoral | 6 months | 1 per 36 months | required — see entry; subletting approved separately |
| 9999 Collins Ave | Bal Harbour Tower | 24 months | 1 per 2 years | required; not to be unreasonably withheld |
| 10101 Collins Ave | The Palace | 12 months | 2 per 12 months (ordinance); 1 in effect | required; refusable on any reasonable ground |
| 10155 Collins Ave | Bal Harbour 101 | 6 months (ordinance) | 2 per 12 months (ordinance) | board may consent or substitute its own tenant |
| 10175 Collins Ave | The Tiffany | exactly 1 year | 2 per 12 months (ordinance); 1 in effect | required; right of first refusal over leases |
| 10185 Collins Ave | The Plaza | 6 months (ordinance) | 2 per 12 months (ordinance) | required for every lease |
| 10201 / 10203 Collins Ave | Oceana | 6 months | 2 per calendar year | required, prior and in writing |
| 10205 Collins Ave | The Kenilworth | 6 months (ordinance), after a 24-month blackout from the date of purchase | 2 per 12 months (ordinance) | required for every lease and renewal |
| 10225 Collins Ave | Bellini | 6 months | 2 per 12 months (ordinance) | required; refusable on any reasonable ground |
| 10275 Collins Ave | Harbour House | 6 months | 2 commencements per calendar year | required; refusable on any reasonable ground |
| 10295 Collins Ave | One Bal Harbour | 6 months, board may lengthen without a vote | 2 per calendar year | not stated in the declaration — see entry |
An owner at Oceana may re-let twice a year. An owner at Balmoral, a few blocks up the same street, once every three years.
Why fourteen condominiums at thirteen addresses. The St. Regis property is one property holding two separate condominiums — Bal Harbour North South at 9701 and 9705, and Bal Harbour Center at 9703 — recorded under different instruments with different rules. Oceana runs the other way: two towers at 10201 and 10203 under a single declaration and a single rule. Every other property is one condominium.
Scope. The fourteen residential condominiums above, all in Bal Harbour Village. Excluded as a different use class: the hotel condominium and the hotel-facilities condominium at 10295 Collins Avenue, the St. Regis Hotel Unit inside Bal Harbour North South, and the other hotel properties on this stretch of Collins Avenue. Sunny Isles Beach is a separate municipality with its own code, and nothing on this page describes the rule there.
What the rules do to an owner
Four structural consequences follow from the table.
A 24-month minimum at Bal Harbour Tower removes seasonal pricing from the building. There is no winter rate and no summer rate, because there is no annual decision to make.
A 36-month frequency cap at Balmoral means an owner on a three-year hold places one tenant across the whole hold, and a vacancy between tenants is not a gap of weeks — the next lease cannot start until the cap runs.
A 24-month post-purchase blackout at the Kenilworth means the rent does not begin at closing. Two years of carrying cost arrive before the first dollar of rent does.
At Bal Harbour North South and Bal Harbour Center, where the declarations expressly provide that no association approval is required, there is no association screening interval between signing a tenant and starting the lease. The Village’s own 15-day certificate window still applies at all fourteen, subject to the Transient Unit question below. Where a board window is recorded — 30 days at Balmoral and the Kenilworth, 15 days at Bal Harbour 101 — those days sit on top of the Village’s, and they are carrying cost with no rent against them.
Common questions
Can I rent out my Bal Harbour condo on Airbnb?
No. Bal Harbour Village Code § 21-1 and § 21-363(c) set a minimum lease of six consecutive calendar months village-wide, so no residential condominium unit in Bal Harbour can lawfully be rented on a nightly or weekly basis. The Tiffany of Bal Harbour goes further and names Airbnb and VRBO in its recorded declaration, defining short-term as “less than three (3) months in duration.”
What is the minimum lease term in Bal Harbour?
Six consecutive calendar months is the village floor under § 21-1 and § 21-363(c). Four of the fourteen condominiums are stricter: Bal Harbour Tower requires 24 months, Majestic Tower and The Palace require 12 months each, and the Tiffany of Bal Harbour requires exactly one year — no more and no less.
Which Bal Harbour building has the strictest rental rules?
Bal Harbour Tower, 9999 Collins Avenue, has the longest minimum lease of the fourteen condominiums at 24 months. Balmoral, 9801 Collins Avenue, has the longest gap between permitted tenancies at one lease every 36 months. The Kenilworth, 10205 Collins Avenue, is the only one of the fourteen that bars renting entirely for a fixed period after purchase — 24 months from the transfer of title.
Can a Bal Harbour condo board reject my tenant?
In most of the fourteen Bal Harbour condominiums, the association may reject a proposed tenant. Majestic Tower, The Palace and Bellini may each “deny permission to lease any Unit on any reasonable grounds the Association may find,” and Harbour House holds the same right over “any Residential Unit,” in those words.
Five of the fourteen sit outside that standard. Bal Harbour North South and Bal Harbour Center expressly provide that no association approval is required at all. Bal Harbour Tower’s approval “shall not be unreasonably withheld,” a narrower right than the four above. At Bal Harbour 101 the board’s recorded choice is to consent or to substitute a tenant of its own on your terms, which is a different power from a veto. One Bal Harbour’s leasing article refers to lease approvals without stating an approval requirement of its own.
How many times a year can I rent out my unit in Bal Harbour?
Twice, in most Bal Harbour condominiums. Village Code § 21-363(d) caps Vacation Rental certificates at two per twelve-month period. Three declarations set their own cap at two per calendar year — Oceana, Harbour House and One Bal Harbour. Bal Harbour Tower allows one lease every two years and Balmoral one every thirty-six months. At the Tiffany of Bal Harbour a lease must be exactly one year, so one a year is the consequence.
Do I need a permit to rent out my condo in Bal Harbour?
Yes, and a new one for each rental period. Beyond whatever the declaration requires, Bal Harbour Village Code § 21-363 requires an owner to:
- hold a Village business tax receipt under Chapter 9
- apply for a new Vacation Rental certificate for each rental period, no later than 15 days before it begins
- pass a Village Code inspection before issuance, and again annually
- designate an agent reachable 24 hours a day who can reach the unit within 3 hours
- post inside the unit the certificate, the occupancy limit, a parking sketch, the agent’s details, a copy of § 21-363 and the owner-occupant agreement
- provide a written owner-occupant agreement naming every occupant and vehicle
- comply with resort tax under Chapter 18, Article II
Each day of renting without a valid certificate is a separate violation.
What is the minimum lease term at Oceana Bal Harbour?
Six months. Oceana’s declaration sets a six-month minimum and caps leases at two per calendar year, and the rule is the same in both Oceana towers, 10201 and 10203 Collins Avenue, because they are one condominium under one declaration. Oceana’s Article 17.8 and Clerk’s File Number.
Can I rent out my unit at Harbour House Bal Harbour?
Yes. Harbour House requires a six-month minimum, allows no more than two lease commencements in a calendar year, and requires prior written approval refusable on any reasonable ground. The provision that surprises people is that Harbour House’s commercial unit is wholly exempt from all of it. Harbour House Section 17.8 in full.
What are the rental rules at One Bal Harbour?
One Bal Harbour requires a six-month minimum, permits entire units only, and caps leases at two per calendar year. The provision a buyer should read twice is that One Bal Harbour’s six-month term applies “unless made more restrictive by the Board of Directors” — the board may lengthen it with no owner vote, while amending the section itself takes 80% of all voting interests. One Bal Harbour’s Article 16.3 in full.
How long before I can rent a condo I just bought at the Kenilworth?
Twenty-four months. The Kenilworth’s Article 13.2(a) bars leasing for 24 months following a sale or transfer of title, and it is the only post-purchase blackout of the fourteen. After it expires the Village six-month floor governs, because the Kenilworth’s declaration sets no term of its own. The Kenilworth’s Article 13.2(a) and Clerk’s File Number.
Can I rent my St. Regis Bal Harbour residence short-term?
That depends on which of the two St. Regis condominiums your unit sits in, and which class of unit you own. Bal Harbour North South sets a 30-day minimum for its residential units. Bal Harbour Center sets 30 days for Traditional Units and no minimum at all for Transient Units. Neither requires association approval, and the stricter six-month Village floor governs a residential dwelling unit in both. Bal Harbour Center’s Transient Units are built and licensed for hotel operation, and whether the Village ordinance reaches them is an open question set out below. Both St. Regis condominiums, with clauses and Clerk’s File Numbers.
Does a new condo rental restriction apply to existing owners in Florida?
Not necessarily. Florida Statutes § 718.110(13) provides that an amendment prohibiting unit owners from renting their units, or altering the duration of the rental term or the number of times owners may rent in a period, applies only to owners who consented to that amendment and to owners who acquired title after its effective date.
Three of the fourteen rewrote their leasing articles recently, and they are not the same kind of event. The Kenilworth imposed a restriction in 2012 that had no predecessor. The Plaza deleted its own minimum in 2022. The Tiffany of Bal Harbour’s 2024 instrument restated a rule the building had already carried since 1989, which is a different fact pattern from a restriction first imposed in 2012. What that difference means for a given owner is counsel’s reading, and it turns on the deed date against the amendment date and on which date is the operative one. What I can tell you is which date a deed has to beat, and whether the date that matters is the one printed on the instrument.
The Village floor
Bal Harbour Village Code, Chapter 21 — Zoning, §§ 21-1 and 21-363.
Confirmed in writing by Michael J. Miller, AICP, Consultant Village Planner for Bal Harbour Village, copied to clerk@balharbourfl.gov, on October 12, 2026, on referral from the Village Clerk:
“The minimum rental period has been 6 months in the Village Code since 2011. However, certain HOAs may have stricter terms (longer periods). We do not know each complex details. Anything shorter than 6 months is not allowed.”
MINIMUM TERM 6 consecutive calendar months, village-wide § 21-1, § 21-363(c)
FREQUENCY CAP no more than 2 Vacation Rental certificates
per 12-month period § 21-363(d)
A declaration permitting a shorter term does not override the ordinance. The certificate, inspection and agent requirements of § 21-363 are listed in the questions above.
One limit on the code citations. The Village Code as published on Municode is current through the supplement of September 29, 2026; anything adopted after that date does not appear in it. The six-month minimum has two independent sources — the published code and the Village Planner’s written confirmation of October 12, 2026. The procedural requirements of § 21-363 have one: they are quoted from the published code and were not separately confirmed.
The fourteen condominiums
Secondary provisions — escrow, response windows, renewal mechanics, fee caps — are drawn from the same instrument cited at the head of each entry. Where a provision is not recorded in an entry, it was not located in that declaration.
9601 Collins Avenue — Majestic Tower
Majestic Tower requires a minimum lease of 12 months, and Majestic Tower’s association may refuse approval on any reasonable ground.
Declaration CFN 1997 R 532679, OR Book 17876 Page 2519, recorded November 20, 1997. Article IX.H, at recording page 6 of 90:
“…the Association may deny permission to lease any Unit on any reasonable grounds the Association may find. No lease shall be approved for a term of less than twelve (12) months.”
Majestic Tower is stricter than the Village floor, so Majestic Tower’s declaration governs the term. Entire units only, and Majestic Tower’s association may escrow up to one month’s rent. Majestic Tower’s declaration sets no frequency cap, so the Village limit of two per twelve months applies, though a 12-month minimum makes one lease a year the practical ceiling.
Amendments: one of record, CFN 1999 R 552568, concerning a restaurant assessment. Leasing untouched, so the 1997 clause stands as written.
9701 and 9705 Collins Avenue — Bal Harbour North South Condominium (the St. Regis residences)
Bal Harbour North South requires 6 months by ordinance, and is one of only two of the fourteen whose declarations provide that no association approval is required to lease.
Declaration CFN 2011 R 761236, OR Book 27891 Page 454, recorded November 10, 2011. Article 16.7, at recording page 37 of 137:
“Leasing of Units or portions thereof shall not be subject to the approval of the Association. However, all leasing of Residential Units or portions thereof shall be made in accordance with all applicable zoning ordinances and other limitations which are now or hereafter imposed by the Village. No Residential Unit may be leased for a term of less than thirty (30) days.”
Bal Harbour North South’s declaration sets 30 days and, in the sentence immediately before it, makes all leasing subject to Village ordinances. The ordinance is stricter, so the six-month Village floor governs at Bal Harbour North South. Bal Harbour North South and Bal Harbour Center are the two of the fourteen whose declarations permit leasing a portion of a unit — “Units or portions thereof”; the declarations that address the question elsewhere require entire units. Amending Bal Harbour North South’s Article 16.7 requires 80% of all voting interests.
The St. Regis hotel operates as a single Hotel Unit inside Bal Harbour North South and is excluded from everything on this page.
Amendments: none found. See “What is not verified” below.
9703 Collins Avenue — Bal Harbour Center Condominium (St. Regis Center)
Bal Harbour Center’s Traditional Units require 6 months by ordinance. Bal Harbour Center’s Transient Units carry no minimum term at all in the declaration, and whether the ordinance reaches them is unresolved.
Declaration CFN 2012 R 1875, OR Book 27948 Page 2225, recorded January 3, 2012. Article 16.7:
“It is intended that the Transient Units may be used for transient and/or hotel rentals. As such, leasing of Transient Units or portions thereof shall not be subject to the approval of the Association and/or any other limitations… While there is no minimum lease term imposed upon the rental of Transient Units, no Traditional Unit may be leased for a term of less than thirty (30) days.”
The clause above states expressly that Transient Units are not subject to association approval; Bal Harbour Center requires none on its Traditional Units either. Like Bal Harbour North South, Bal Harbour Center’s Article 16.7 makes leasing subject to Village ordinances.
An owner at the St. Regis property needs to know which of the two condominiums their unit sits in and which class of unit they own: a Traditional Unit is bound by the six-month ordinance floor, and a Transient Unit is the open question set out below.
The Clerk’s imaged capture of this declaration runs to 80 of 157 pages, which is why this entry carries no page pinpoint.
Amendments: one declaration-type record. See “What is not verified” below.
9801 Collins Avenue — Balmoral
Balmoral permits one lease every 36 months — the longest gap between permitted tenancies of the fourteen.
Declaration CFN 78 R 217207, OR Book 10129 Page 1982, recorded August 17, 1978. The operative text is the January 1983 amendment, CFN 83 R 022686, OR Book 11681 Page 1269, which replaced the transfer article entirely. Article XII(B)(1)(b), at OR Book 11681 Page 1279:
“No lease shall be for a term of less than six (6) months and in no event shall Owners lease a Unit more than once in a thirty-six (36) month period. Tenants shall not sublet or assign their lease interest without prior written approval of the Board.”
Balmoral’s 1983 amendment replaced the old transfer article with a straight approve-or-disapprove regime: Balmoral’s board has 30 days to act on an application, and Balmoral’s approval certificate is recordable at the lessee’s expense. The clause quoted above adds that a tenant may not sublet or assign without separate board approval. Balmoral’s 1978 declaration carried a right of first refusal reaching leases; the 1983 amendment deleted it, and Balmoral has none today.
Amendments: seven of record. One — the 1983 instrument quoted above — replaced the transfer article. The other six concern sale approval, late fees, hurricane protection and two repeals. Balmoral’s leasing rule has stood unamended since 1983.
Whether Balmoral’s 36-month clock runs from lease commencement or from board approval is not stated in the clause. Ask: WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
9999 Collins Avenue — Bal Harbour Tower
Bal Harbour Tower requires a 24-month minimum lease and permits one tenancy every two years, and Bal Harbour Tower’s two-year clock keeps running even if the tenant leaves early.
Declaration CFN 1990 R 114941, OR Book 14487 Page 43, recorded March 28, 1990. “Rental or Lease”, at recording page 20 of 94:
“In order to protect and maintain the residential character of the condominium, a condominium parcel shall not be leased or rented without the prior written approval of the association, which approval shall not be unreasonably withheld, provided, however, that no lease shall be approved for a term of less than twenty-four (24) months. Additionally, no condominium parcel may be leased more than once every two (2) years. This limitation shall begin from the date a lease is approved and shall apply even if the lease is terminated for any reason.”
Bal Harbour Tower’s 24-month minimum is the longest of the fourteen. If a tenant leaves Bal Harbour Tower in month three, the owner waits out the balance of the two years before another lease can be approved. I found no equivalent sentence in the other thirteen declarations — no other leasing clause read for this page says the clock survives early termination. Bal Harbour Tower’s approval may not be unreasonably withheld, a narrower association right than the “any reasonable ground” standard four other condominiums hold. Cabanas at Bal Harbour Tower may be leased without approval, but only to another residential owner in the building.
Amendments: five of record, concerning survey sheets, board size and the Rules and Regulations. None touches leasing, so Bal Harbour Tower’s 1990 clause stands unamended since 1990.
Whether a Bal Harbour Tower cabana lease counts against the two-year clock is not in the recorded text. Ask: WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
10101 Collins Avenue — The Palace at Bal Harbour
The Palace requires a minimum lease of 12 months, and The Palace’s association may refuse approval on any reasonable ground.
Declaration CFN 1994 R 439125, OR Book 16511 Page 3228, recorded September 15, 1994. Article IX.H, at recording page 6 of 71:
“…the Association may deny permission to lease any Unit on any reasonable grounds the Association may find. No lease shall be approved for a term of less than twelve (12) months.”
The Palace is stricter than the Village floor, so The Palace’s declaration governs the term, and a 12-month minimum makes one lease a year the practical ceiling. The two sentences quoted above are word for word the same as Majestic Tower’s, though no escrow or entire-unit provision was located in The Palace’s Article IX. The Palace’s developer was Pru-Shel Development Partnership; Majestic Tower’s was Pru-Shel Development Partnership III.
Amendments: three of record, concerning a correction to Exhibit F, common expenses and a by-law assessment provision. None touches leasing.
10155 Collins Avenue — Bal Harbour 101
At Bal Harbour 101 the association may take the lease itself — put its own tenant in your unit, on the terms you negotiated with someone else.
Declaration CFN 79 R 91403, OR Book 10345 Page 1729, recorded 1979 (the index record carries the year without a fuller date). Article VII(F)(1), at OR Book 10345 Pages 1741–1743:
“Should the unit owner wish to sell, lease or rent his apartment unit… he shall, before making or accepting any offer… deliver to the Board of Administration… a written notice of his intent to sell, lease or rent… The Board of Administration, within fifteen (15) days after receiving such notice, shall either consent to the transaction specified in said notice, or by written notice… designate that the Association, one or more persons then condominium unit owners, or any other person or persons satisfactory to the Board of Administration who is willing to purchase, lease or rent upon the same terms as those specified in the unit owner’s notice.”
The owner finds a tenant and agrees on terms; the Bal Harbour 101 board may then substitute a tenant of its own on those identical terms. The Tiffany of Bal Harbour holds a right of first refusal over leases, which lets its corporation step into a lease on the same terms but does not give it Bal Harbour 101’s recorded choice between consenting and designating a third party. Balmoral held a lease right of first refusal until 1983 and deleted it. Bal Harbour 101 never removed its own.
Bal Harbour 101’s board has 15 days to designate and the designee 15 days to close, and silence counts as consent. Bal Harbour 101’s declaration sets no minimum term, so the Village six months governs, and it also provides: “No individual rooms may be rented and no transient tenants may be accommodated.” Bal Harbour 101 cabanas may be sold or leased only to an apartment owner in the building.
Bal Harbour 101’s declaration caps the approval expense at $50.00, with none on a renewal or extension. Those are 1979 figures, and current Florida law on association transfer fees and response periods is counsel’s call — what I can tell you is what the recorded text says and when it was written.
Amendments: three of record, concerning by-laws, officer elections and a restaurant food-and-beverage minimum. None touches leasing, so Bal Harbour 101’s 1979 article stands.
What Bal Harbour 101’s transfer fee is today, against the $50 its 1979 declaration recites, is not on this page. Ask: WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
10175 Collins Avenue — The Tiffany of Bal Harbour
The Tiffany of Bal Harbour permits leases of exactly one year. Not shorter, not longer. The Tiffany is the only one of the fourteen that sets a ceiling as well as a floor.
Declaration CFN 1983 R 29302, OR Book 11689 Page 1 (the index record carries the year without a fuller date). The operative text is the 2024 amendment, CFN 2024 R 49059, at OR Book 34058 Page 703, recording page 9 of 37:
“A lease, if approved, shall only be for a period of one (1) year. Shorter or longer leases shall not be permitted. Renewals of such leases shall be subject to Association approval in the manner provided above.”
The Tiffany first enacted the rule in 1989 — CFN 1989 R 224431, at OR Book 14156 Page 1334 — in nearly identical words: “shall only be for a period of one year. Shorter or longer leases shall not be permitted.” The Tiffany’s one-year rule has stood unbroken since 1989 and appears in four recorded instruments between then and 2024.
The Tiffany’s 2024 text names Airbnb and VRBO directly and defines short-term as “less than three (3) months in duration.” A one-month security deposit goes into association escrow at the Tiffany, renewals must be submitted 30 days before expiration, the Tiffany’s transfer fee is set at the maximum rate permitted by law, and the Tiffany’s declaration carries a right of first refusal reaching leases — a lease made without first offering it to the corporation is “wholly null and void.”
Amendments: six of record. Four touch the leasing section — the 1989 original, its re-recording, a 1990 restatement and the 2024 restatement. The other two concern by-laws and insurance.
10185 Collins Avenue — The Plaza of Bal Harbour
The Plaza deleted its own three-month minimum in 2022 and did not replace it. Six months governs at The Plaza by ordinance, and every Plaza lease needs board approval.
Declaration CFN 1985 R 124061, OR Book 12490 Page 2354, recorded April 26, 1985. The operative text is the April 2022 amendment, CFN 2022 R 346864, OR Book 33156 Page 4396, which carries the statutory legend “Substantial rewording of Declaration of Condominium see Article 24 for present text” and retitles the article “TRANSFERS SUBJECT TO APPROVAL”. Article 24(A), at OR Book 33156 Page 4399:
“No Unit Owner may dispose of a Unit or any interest in same by sale, lease or other title transfer, without prior written approval of the Board of Directors.”
The Plaza’s 1985 article had set a three-month floor and a two-per-year cap. Both were deleted in 2022. The Plaza loosened its own document and the tenant outcome did not change, because the ordinance is stricter than the clause that was removed.
A Plaza lease made without approval is voidable unless subsequently approved, and The Plaza’s transfer fee is recited as the maximum permitted by law with no figure given. The approval machinery in The Plaza’s § 24(F) addresses sale, gift, devise and inheritance; it sets out no lease procedure, which is listed below as an open item.
Amendments: six of record. One — the 2022 instrument quoted above — replaced Article 24. The other five concern parking, cable television, the Articles of Incorporation, records inspection and a capital spending cap.
10201 and 10203 Collins Avenue — Oceana Bal Harbour
Oceana requires 6 months, permits two leases per calendar year, and requires prior written approval.
Declaration CFN 2013 R 895231, OR Book 28907 Page 932, recorded November 12, 2013. Article 17.8, at OR Book 28907 Page 984, recording page 53 of 158:
“17.8 Leases. No portion of a Unit (other than an entire Unit) may be rented. Leasing of Units shall be subject to the prior written approval of the Association. Each lease shall be in writing and shall specifically provide that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration… No lease of a Unit shall be for a period of less than six (6) months and no Unit may be leased more than two (2) times in any calendar year.”
Oceana’s security escrow runs to one month’s rent. An Oceana tenant takes the owner’s common-element rights for the term, and the Oceana owner remains jointly and severally liable with the tenant for damage to common elements. Oceana’s two towers, 10201 and 10203 Collins Avenue, are one condominium under one declaration and one set of rules.
The sales record, the area conventions and the verified unit schedule for this building are on the Oceana Bal Harbour page.
Amendments: three of record, concerning Section 8, substantial-completion exhibits and the addition of a Cabana Club. None touches leasing.
10205 Collins Avenue — The Kenilworth
At the Kenilworth you cannot rent your apartment at all for 24 months after taking title. The Kenilworth is the only one of the fourteen with a post-purchase blackout.
Declaration CFN 75 R 242397, OR Book 9160 Page 1352, recorded November 21, 1975. The operative text is the March 2012 amendment, CFN 2012 R 0181553, OR Book 28032 Page 3197, which carries the statutory legend “Substantial Rewording — See Article 13 of the Declaration of Condominium for the current text” and replaced the article entirely. Article 13.2(a), at OR Book 28032 Page 3201:
“Only entire apartments may be rented. There shall be no subdivision or subletting of apartments. No apartment may be leased for a period of twenty four (24) months following a sale or transfer of title of an apartment. Apartments may only be occupied by tenants as a single family residence.”
A buyer at the Kenilworth who intends to rent cannot do so for two years from closing. The Kenilworth’s declaration sets no minimum or maximum term, so the Village six months governs once the blackout expires. Every Kenilworth lease and every renewal requires approval; the Kenilworth board has 30 days to act and silence counts as approval. The Kenilworth’s right of first refusal reaches purchases only. The Kenilworth’s operative article says “apartment” where most of the fourteen say “unit.”
The Kenilworth’s 1975 article ran a one-month floor and a three-year ceiling. The 2012 rewrite dropped both, made every lease and renewal approvable, and added the blackout, which had no predecessor.
Amendments: six of record. One — the 2012 instrument quoted above — replaced Article 13. A 2011 amendment lowered the general amendment threshold from 75% to 66⅔%. The remaining four concern parking, the deletion of an unrelated article, and two joinders of contiguous units.
Whether a transfer into a trust or an entity restarts the Kenilworth’s 24-month blackout is not in the recorded text. Ask: WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
10225 Collins Avenue — Bellini
Bellini requires 6 months, and Bellini’s association may refuse approval on any reasonable ground.
Declaration CFN 2004 R 846648, OR Book 22688 Page 527, recorded September 28, 2004. Article 17.8, at recording page 29 of 138:
“No portion of a Unit (other than an entire Unit) may be rented… Leasing of Units shall also be subject to the prior written approval of the Association and the Association may deny permission to lease any Unit on any reasonable grounds the Association may find, including, without limitation, that the Unit… is delinquent in the payment of Assessments and/or that the proposed tenant intends to violate a provision of this Declaration… No lease shall be approved for a term of less than six (6) months.”
Bellini permits entire units only. Bellini’s declaration matches the Village floor on term and sets no frequency cap of its own, so the Village limit of two per twelve months applies. No escrow provision, approval fee or response window was located in Bellini’s Article 17.8.
Amendments: none of record. The other Bellini records in the Clerk’s index belong to Bellini at Williams Island, a different building.
10275 Collins Avenue — Harbour House
Harbour House requires 6 months and caps lease commencements at two per calendar year — and Harbour House’s owners cannot tighten that rule by their own vote alone.
Declaration CFN 2007 R 0349101, OR Book 25512 Page 154, recorded April 6, 2007 over the 1962 Morris Lapidus building. Section 17.8, at OR Book 25512 Page 190, recording page 37 of 160:
“No portion of a Residential Unit (other than an entire Residential Unit) may be rented. Leasing of Residential Units shall be subject to the prior written approval of the Association… The Association may deny permission to lease any Residential Unit on any reasonable grounds the Association may find, including, without limitation, because the lessor is delinquent in the payment of Assessments… No lease of a Residential Unit shall be for a period of less than six (6) months and there shall be no more than two (2) leases of a Residential Unit in any calendar year (i.e., not more than two (2) leases shall commence during any calendar year). Notwithstanding anything herein contained to the contrary, each Unit Owner recognizes and agrees that there are no leasing restrictions imposed upon the Commercial Unit and the Commercial Unit may be leased on any terms that may be desired by the Commercial Unit Owner.”
Harbour House caps the approval fee at $100 per applicant, charges none on a renewal to the same tenant, and may escrow up to one month’s rent.
Two Harbour House provisions govern whether any of this can change. Section 17.17: Section 17 cannot be amended in any manner affecting the Commercial Unit without four fifths of all voting interests and the consent of the Commercial Unit Owner. Section 21.2(j): imposing new leasing restrictions requires the approval of a majority of institutional first mortgagees. I found no comparable third-party consent requirement in the other thirteen declarations, though amendment-consent provisions were not the object of this search.
Amendments: one of record, CFN 2007 R 0864282, survey sheets only. Harbour House’s 2007 leasing section stands unamended.
Whether Harbour House’s mortgagee-consent requirement has ever been tested is not in the recorded text. Ask: WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
10295 Collins Avenue — One Bal Harbour
One Bal Harbour requires 6 months — but One Bal Harbour’s board may lengthen that term with no owner vote.
Declaration CFN 2007 R 1042006, OR Book 26014 Page 98, recorded October 29, 2007. Article 16.3, at recording pages 39–40 of 132:
“Approvals of leases need not be recorded. Only entire Units may be leased… There shall be a minimum lease term of six (6) consecutive calendar months for the rental of Units, unless made more restrictive by the Board of Directors, and no Unit may be leased more than two (2) times per calendar year… There shall be no amendment to this Section 16.3… without the prior approval of eighty percent (80%) of the entire voting interests of the Unit Owners.”
Amending One Bal Harbour’s Article 16.3 requires 80% of all voting interests. Making the term more restrictive under the clause requires no owner vote at all. An owner who buys at One Bal Harbour on a six-month rule holds a rule the board can lengthen on its own authority. A One Bal Harbour owner gives up common-element and shared-facility rights for the term of a tenancy.
One Bal Harbour’s Article 16.3 refers to lease approvals but does not itself state that approval is required, and no approval requirement for leases was located elsewhere in the declaration.
There are three condominiums at 10295 Collins Avenue: residential, hotel, and hotel facilities. Only the residential condominium is described here.
Amendments: one of record, CFN 2014 R 702464, By-Laws Section 1 only. Leasing untouched.
What is not verified
Six items are open.
Bal Harbour Center, Transient Units. These units are built and licensed for hotel operation, and § 21-363(e)(5) cross-references Chapter 509, Public Lodging Establishments. Whether a Transient Unit rented privately by its owner falls under § 21-363 as a dwelling unit, or under hotel licensing as a different use class, is a legal question for counsel. It is not answered here in either direction. If you own at 9703 Collins Avenue, it is worth a conversation.
The Tiffany of Bal Harbour, entity owners. The 1990 amendment to Article X(A)(6) provides that where a corporation or other legal entity is the owner, it “shall designate the occupants of the Unit for such periods of time as it desires without compliance with the provisions of this Article.” Whether that carve-out reaches the one-year rule is a question for the association’s counsel. For buyers who hold through structures, this is the open item most likely to matter.
The Plaza, lease approval procedure. The Plaza’s 2022 Article 24(A) requires board approval for every lease, and the approval machinery in § 24(F) sets out a procedure for sale, gift, devise and inheritance only. How a Plaza lease application is actually processed is not in the recorded text.
One Bal Harbour, lease approval. Article 16.3 refers to approvals without stating a requirement. Whether approval is required in practice is a question for the association.
St. Regis, amendments. No declaration-type amendment was found for Bal Harbour North South across 173 indexed records, and one declaration-type record was found for Bal Harbour Center across 90. I treat both index searches as provisional pending a second pass, and both entries above should be read with that in mind.
Exhibits not imaged. At Bal Harbour 101 the By-Laws sit past OR 10345/1773 and are not imaged. At Balmoral the Rules and Regulations are referenced as Exhibit 6 but are not recorded in the chain. A leasing or screening rule living in a by-law rather than a declaration would not be visible in this work.
A question about any single building above is answered in writing, at no cost. WhatsApp +1 305 399 7627 or ariel@viveflorida.com.
Methodology and sources
Every building rule above comes from an instrument in the Official Records of Miami-Dade County, maintained by the Miami-Dade County Clerk of the Court and Comptroller: fourteen declarations and 43 amendments, 57 instruments in total. The Village floor does not come from the Clerk. It comes from the Bal Harbour Village Code and was confirmed in writing by the Consultant Village Planner on October 12, 2026, on referral from the Village Clerk.
Where a declaration was substantially reworded by a later amendment — the Kenilworth in 2012 and The Plaza in 2022 both carry the statutory legend — the amendment governs and is quoted in place of the original. Balmoral’s 1983 amendment replaced its transfer article entirely, and the Tiffany’s 2024 amendment restated its leasing section; both are quoted in preference to the original.
Recorded instruments can be amended at any time. The Clerk’s index was searched building by building on October 12, 2026, and on that date the Clerk’s database reported coverage of instruments recorded through October 7. Anything recorded after October 7 is therefore outside this work, not after October 12. I re-run the index for a client before a transaction.
Clause text is quoted from the recorded instruments. The sentences connecting them are mine.
An opinion, marked as one
The three recent rewrites run in opposite directions. The Kenilworth added a two-year blackout in 2012 where none had existed. The Tiffany tightened and re-enacted its one-year rule in 2024, naming the platforms. The Plaza went the other way in 2022 and deleted its own minimum — which cost Plaza owners nothing, only because the Village floor was already stricter than the clause they removed.
Two of three tightened, and the one that loosened did so in a direction the ordinance had already closed. The next amendment most likely comes from a building with a soft rule and a board that has noticed: One Bal Harbour, where lengthening the term needs no owner vote at all, and Bellini, whose declaration adds nothing to the Village floor on term or frequency.
That is a guess, and it is in no recorded document.
Applying this
Everything above is the recorded floor. What is not in the Clerk’s index, and not on this page:
- By-laws and rules and regulations, which at two of the fourteen are not available in the Clerk’s imaged record, and which can carry a screening procedure the declaration never mentions
- Board minutes, and how a board actually exercises an approval right it holds on paper
- Amendment votes that have been called but not yet recorded
- Whether a transfer into a trust or an entity restarted an owner’s clock, whether a prior owner consented to an amendment, and which date on an instrument is the operative one
Two things are available on request.
Where your deed falls against your building’s amendment history. The amendment dates are above. What is not above is which of them is the effective date rather than the recording date, whether a transfer into a trust or an entity restarted the clock, whether a prior owner consented, and what position the association has taken. No cost. Send the building and the year you bought — that is enough, and you do not have to say anything else.
Separately and privately, the unrecorded layer for a specific building — by-laws, rules, minutes, pending amendments, and the approval practice behind the approval right. That work is not published on any page, because it concerns a specific apartment that may be for sale, and it belongs in a conversation.
I build the same reading for any building from West Palm Beach to Coconut Grove, Sunny Isles Beach included.
WhatsApp +1 305 399 7627 or ariel@viveflorida.com. Escríbame en español. Pode escrever em português.
Sources: the Official Records of Miami-Dade County, maintained by the Clerk of the Court and Comptroller, as searched through October 12, 2026, and the Bal Harbour Village Code, Chapter 21. No owner is named and no individual property is characterized. This does not constitute legal advice, and owners and buyers should have the operative documents reviewed by their own counsel.
The monthly corridor analysis. One a month.
