Developer Jeffrey Soffer put “unrelenting
pressure” on the city of Aventura for the approval of a pair
of condo towers in an exclusive waterfront enclave, a new
lawsuit says.
The condominium associations for the North and South towers
on Turnberry Isle sued the city and YCM Acquisition, an
entity managed by Soffer, alleging the city greenlit an
ordinance in 2023 and Soffer’s project last year, bypassing
legal requirements for neighboring unit owners’ signoff.
“Through the favor-laden actions of city government,”
Turnberry Isle parcel owners’ rights “have been cast aside,”
the lawsuit says, adding that the complaint is a push to
restore these rights.
The city’s 2023 ordinance was done “for an improper motive
and by pretextual means” and it “shocks the conscience of
ordinary citizens not named Soffer,” the suit goes on to
say.
The associations, which represent 565 unit owners in the two
29-story buildings, filed their complaint in federal court
in Miami Friday.
Soffer, who leads Aventura-based Fontainebleau Development,
wants to build his towers with 264 units, parking and
amenities on the site of Turnberry Isle’s tennis courts and
spa, the suit says.
Fontainebleau declined to comment, and the city didn’t
immediately return a request for comment. Attorneys for the
Turnberry Isle associations also didn’t immediately provide
a statement.
The two Turnberry Isle condo associations say Soffer urged
the city to take action that paves the way for his project.
But the filing doesn’t cite specific communications between
the developer and Aventura officials or lobbying efforts.
Instead, it highlights the Soffer family’s deep history in
Aventura.
Soffer’s late father, developer Don Soffer is considered the
“Godfather” of Aventura as he built out much of the city,
with the family still owning high-profile assets there. In
2019, the younger Soffer and his sister, Jackie Soffer,
split up the family empire, with Jackie keeping the
Turnberry company name, including properties such as
Aventura Mall, and Jeff keeping the Fontainebleau Miami
Beach resort, with some projects remaining in shared
ownership.
In Aventura, Soffer family holdings include Turnberry Isle
Country Club and its golf course, and the Turnberry Resort
and Spa. Beyond real estate, Aventura has paid tribute to
Don Soffer, naming a high school after him.
“The Soffer family wields an enormous amount of power in the
city. … This sway is evidenced by, among other things,” the
city’s enactment of the 2023 ordinance, the suit claims.
Turnberry Isle, built by the Soffer family’s Turnberry in
1979 and ’80 and incorporated into Aventura when the city
was formed in 1995, has a litigious history. A 1999 lawsuit
and another in 2006 were consolidated and settled in 2011,
leading to a deal memorialized in a slew of 2012 agreements,
which mandate unanimous consent by Turnberry Isle parcel
owners for new construction or any other material changes to
the isle’s site plan, according to the lawsuit.
After Soffer’s YCM affiliate’s 2021 and 2023 project
proposals went nowhere, as the North Tower opposed them and
the filings also required a city variance approval, the city
— at Soffer’s entity’s urging — approved an ordinance in
2023 to include underwater land in the total calculation for
the development site’s size, allowing for a bigger project.
Although this appears to be a development rule change that
applies citywide, it’s targeted for Turnberry Isle and was a
workaround to the required unit owners’ approval for
Soffer’s project, the complaint alleges. The lawsuit
contends the ordinance created no usable land but only
allowed more density.
The city approved the condo project last year. Both the 2023
ordinance and last year’s approval were done without a
public hearing, the suit claims.
“This is the only project that has been treated as such and
is attributable to defendant Soffer’s unrelenting pressure,
aggressive activity and the city’s lack of fortitude to
uphold the rights of its citizens,” the lawsuit says.
The complaint also details alleged zoning code violations
for the project, including setback and open-space shortfalls
and parking noncompliance, and it questions whether a
standalone marina use is permitted under the site’s zoning.
The associations are seeking a declaration that the project
cannot proceed without their consent, a ban on the city from
issuing permits, damages and attorneys fees. It levies
claims for violations of due process under the 14th
Amendment, declaratory judgment, anticipatory breach of
community agreements against Soffer’s YCM and breach of
community agreements between unit owners and YCM’s
predecessor.