Assistant City Manager Barbie Hernandez informed the condo’s officers that The Club is run like a hotel in violation of local and state laws, which has created a disruptive and dangerous environment, and must cease short-term rentals of less than 30 days.

“It is clear your building is being operated as a transient public lodging establishment in violation of Florida Statutes, the Florida Building Code and the laws of the City of Miami,” Hernandez wrote in the Aug. 11 letter. “This operation creates a significant life safety issue as your building is not approved for fire, life safety or disability requirements as provided for in the relevant codes.

“All illegal vacation/lodging rentals in violation of both State and local law must cease immediately.”

The cease-and-desist order gives sleep-deprived homeowners and residents hope that they might regain the quality of life lost under an onslaught of misbehaving tourists who often pack 10 people into units subdivided with unpermitted walls while partying until dawn. About 85 percent of the tower’s 643 units have been converted into Airbnbs since COVID struck in 2020.

Frustrated homeowners complained to city leaders for years and got nowhere. But following a Miami Herald investigative article on The Club’s “Animal House” reputation, nine city officials met with a group of longtime owners and pledged to crack down.

“The city can’t turn its back on us anymore,” said Christina Lardon, owner since 2008. “We built our lives and livelihoods in this neighborhood and we don’t want to see it destroyed. It has been such a struggle, but The Club is worth fighting for because it’s my home.

“People say, ‘Just move,’ and they don’t understand it’s not that easy – our property values have suffered because of this craziness. The tourists who are tearing up our building are the ones who should get out. They don’t belong here. I bought this as my permanent home.”

Partygoers arrive atop an SUV at The Club at Brickell Bay, 1200 Brickell Bay Drive, Miami.



Hernandez found, as the Herald did, that The Club, at 1200 Brickell Bay Dr., lacks required licenses and permits and cited the condo for an improper Business Tax Receipt, Certificate of Occupancy and two Certificates of Use (CU).

 

The first CU, issued in 2007, is only for residential use; in addition, the Herald reported it was forged, according to a former homeowner who said he never applied for or signed it. The second CU, issued in 2011, is for 30 hotel units, which were never approved by the HOA board at the time, according to the former president.

Hernandez is allowing 30 units to continue to operate as short-term rentals, but the company that applied in 2011 is only operating six Airbnbs today.

“The City has no record of any application for a vacation/short-term rental license with the city,” Hernandez wrote. “The City has received numerous complaints over the past months regarding short-term /lodging rental in excess of the 30 units. Your building staff has been instructed to refuse entry to City inspectors sent to investigate these complaints, as we are constantly turned away. While such tactics may lengthen the time of the City’s investigation, it will in no way cause it to stop.”


Hernandez, who declined to comment to the Herald, gave board members 10 days to contact her.

HOA President Maria Sindia Borras could not be reached for comment. Nor could HOA attorney Eduardo Valdes, who wrote cease-and-desist letters to homeowners who helped escort City of Miami inspectors into the building — before they were shooed out.’

The Club evolved into an Airbnb hotspot under the former board president, Karl de Borbon, who installed a hotel reservation system in the office and encouraged investors to buy units in a building that was advertised by real estate agents as “an investor’s dream free of any rental restrictions.”

Vacation rentals during peak times in Miami can earn Airbnb hosts $1,000 per night, depending on the size of the unit, which is a lot more lucrative than renting a unit monthly or yearly.

“What happened here was driven 100 percent by greed, with no regard for safety, respect, peaceful enjoyment or our rights,” Lardon said. “We are living in a modern-day ‘Game of Thrones’ with all kinds of kings, queens and monsters vying for control over the peasants.

“It’s about time the city took action. If they fail us again, shame on them.”

The current board, voted in after a contentious June election marred by forged ballots, has promised improved management and transparent record-keeping, but has not made an announcement about the city’s cease-and-desist order.

 

None of the five board members live in the building and all own or manage Airbnbs.

“So far it’s business as usual,” Lardon said Thursday. “Lots of foot traffic. Three broken elevators. And broken AC in all the common areas.”


CITY OF MIAMI CEASE-AND-DESIST LETTER