Whether Fouquet’s Hotel & Residences Miami approves buyers and tenants is set by its declaration, not by the sales team. Many Florida condominiums require approval of later sales and of leases, some keep a right of first refusal, and the developer’s own sales are usually exempt. Here is what each provision means, and what it changes about renting or reselling later.
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A Florida condominium can require its association to approve a sale, a lease or a long stay, if the declaration says so. The purpose is control. Owners in a small or very private building often want a say in who joins them; a building with an active rental market may want to know who sleeps in it. Two towers on the same street can differ completely.
The size of the community the board screens for: 143 residences of one to four bedrooms with private terraces, many with dens, in a 25 storey tower. Who runs the front desk that keeps the list: Fouquet’s, the signature brand of the Barrière Group, Paris flagship on the Champs-Élysées since 1899, Miami after Fouquet’s New York (Tribeca, 2022); Fouquet’s operates the hotel with owner access to hotel services and amenities.
Read it against the Kempinski Residences Miami Design District dossier for the nearest comparison.
The developer’s own sales are usually exempt from approval and from any right of first refusal, so a buyer of a new home at Fouquet’s Hotel & Residences Miami is rarely screened by the association on the first day. The provisions bite later: on whoever buys from you, on your tenants, and sometimes on your heirs or on the company you hold the home through. A buyer taking title in an entity should ask whether the association will want to approve the people behind it, and whether a change in who owns the entity counts as a transfer.
The developer whose documents set these terms: Raycliff Capital, Fort Partners, Miami Design District Associates (Dacra, L Catterton Real Estate, Brookfield Properties) and Constellation Hotels Holding; developer entity RFD MDD Residences LLC; sales by Corcoran Sunshine Marketing Group; offering filed CPS-12, file CP26-0012.
A right of first refusal lets the association, or a buyer it names, take over a sale or a lease on the same terms the owner agreed with someone else. It is rarely used, but it adds days to every resale. Read how many days the association has to decide, whether the right covers leases as well as sales, and which transfers are exempt: gifts within a family, a move into a trust, a lender taking the home after foreclosure.
What a later buyer of a home at Fouquet’s Hotel & Residences Miami will be screened into: Private terraces; hurricane rated floor to ceiling windows; below grade valet and self parking; a 28 foot lobby with lounge; 24 hour concierge. Where it stands: 39 NE 39th Street, Miami, in the Design District, on nearly two acres; the rooftop pool overlooks the Intracoastal and South Beach.
An approval usually means an application, a background check, sometimes an interview, and a fee. Florida law limits that fee and allows it only where the documents require approval. Ask how long the association has to answer, whether silence counts as approval, and what happens on a refusal: some declarations oblige the association to buy the home or produce another buyer on the same terms, others do not. For leases, ask the minimum term and how often a home may be leased in a year, and note that Florida law limits how far a later amendment restricting leasing reaches owners who bought before it. The shared spaces every approved resident uses: More than 40,000 square feet indoor and outdoor; a 70 foot rooftop pool; about 15,300 square feet of resident only outdoor space plus a shared hotel terrace; men’s and women’s spas; two restaurants, a bar and a patisserie. The desk reads the transfer and leasing articles of the declaration for Fouquet’s Hotel & Residences Miami with you and your counsel before contract.
A building that screens its owners protects you, and screens your buyer too. Read both sides.
Developer materials for Fouquet’s Hotel & Residences Miami as carried on the live dossier, verified September 2026. Compiled by the desk at Miami Dossier; figures are approximate and the developer’s.
Contact the desk at Miami Dossier for the documents behind this note, read one to one with you and your advisers.
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