The Fontainebleau Hotel is facing a
lawsuit from condo owners in its Tresor and Sorrento towers who claim new
rules governing unit rentals have the potential to financially ruin them.
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"The clock is
ticking," said David Haber, the attorney representing six
condo owners suing the Fontainebleau Hotel. "Our clients are
facing the potential of economic disaster".
The dispute centers on owners who rent out suites and junior
suites for profit. Although the hotel manages services like
check-in, housekeeping, and parking, it also runs an
internal rental program. That program requires participating
owners to share 55% of gross revenue, plus $180 a day and
taxes, according to the lawsuit.
While the hotel allows unit owners to opt out of the rental
program, a 2012 agreement reportedly permits those owners to
do so "without interference, restriction, limitation, fee or
cost imposed by the hotel," the lawsuit states. |
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However, updated rules
set to go into effect on May 15 require owners who opt out
to pay $1,000 for each night of a guest's stay, according to
the lawsuit. This charge leaves owners who opt out with
little to no profit, Haber said, noting that a one-bedroom
ocean view unit on the hotel's website rents for between
$875 to $1,902 a night in May.
The new rules also force opt-out owners to pay extra for
sheets and towels and hire their own housekeepers, who are
not allowed to work on weekends.
"They're going to force the owners to have a representative
sitting at the front desk to check (guests) in rather than
the hotel front desk checking them in, which was the way of
doing business prior to these proposed rules," Haber said.
Haber is asking for an immediate injunction, hoping a
Miami-Dade County judge will permanently block the changes.
He argues the changes are intended to "force the owners to
go back into their (rental) program which is exactly the
opposition of what the settlement agreement that they
entered into said".
The lawsuit also names the condo associations for both the
Tresor and Sorrento towers and demands they join the
complaint.
Fontainebleau Developments declined to comment on pending
litigation. CBS News Miami reached out to the association
leaders and their lawyer, but it is not clear how either
association plans to respond.