More than 30 families living at
Brickell on the River South have filed a lawsuit against their condominium
board.
The residents are accusing board members of allowing illegal short-term
rentals, which they say have turned their upscale building into a hotel-like
environment and compromised the safety of residents.
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Photos included in the lawsuit show incidents such as a woman kicking in a door, near-nudity in a hot tub, alleged sexual activity in the community pool, and outsiders loitering on the premises. The complaint also features screenshots of Airbnb listings with positive reviews and text messages between guests and the building's valet.
"In the driveway, there have been a lot of physical and verbal altercations
with the valet and other residents from people [who] are strangers [who]
don't live there," one resident added.
Attorney: Residents want their building back
Attorney Daniel Layton, who represents the plaintiffs, said the legal action
is about restoring order and accountability.
"They want to see this board of directors defend their rights — the rights
we believe to be the majority of unit owners in the building — and make sure
that this building is not converted into a hotel in everything but name,"
Layton said.
Board pushes back: Allegations "false, exaggerated"
Through their attorney, Carolina Sznajderman Sheir, the Brickell on the
River South board called the claims "inaccurate, inflammatory, and legally
unsound."
"The current Board's term began on November 21, 2024. Since assuming office,
the Board has taken proactive and consistent action to address unlawful
short-term rentals within the building," Sheir said in a statement. "This
includes enforcement efforts consistent with the City of Miami's zoning
code, Miami 21, and the Association's Declaration."
The board disputes several allegations, claiming some predate the current
leadership's term and others have been mischaracterized:
- The door-kicking incident occurred in October 2023, before the current board took office.
- Claims of sexual activity in the pool were denied, with management saying fully clothed individuals were dancing.
- A report of a security guard sleeping on the job was confirmed, but the guard was immediately terminated after a single shift.
"While isolated attempts by individual owners may
occur, they are neither sanctioned nor ignored," Sheir said. "The Board is
fully committed to upholding its obligations and abide by governing law."
The board also alleges the lawsuit is politically motivated, spearheaded by
a former board member and a small group of residents whose prior complaints
to the city failed to gain traction.
City declines comment
The City of Miami did not respond to repeated requests for comment on the
lawsuit or the enforcement of short-term rental rules at the property.
The board says it will not comment further while the case is pending and
directed all media inquiries to its legal counsel.
