TEQUESTA — The plan to tear down the Beach Sound condominiums on Jupiter Island and replace it with a bigger building may have hit a roadblock.

One of the 12 owners has refused to agree to terminate Beach Sound's property-owners association. According to that condo owners' lawyer, that termination is needed for the sale of the building to take place — and that under state law, their refusal is enough to scuttle the deal.

The Kolter Group and the developer Phil Perko want to buy out the owners, many of whom have already received a nonrefundable deposit. The unit owners voted Nov. 24 to terminate the association. The development group's plans call for a bigger building with the same number of units, each selling for far more than the existing ones.

The state law requiring periodic safety inspections of condo buildings taller than two stories led the owners to sell.

Across Florida, developers are making bids to purchase older condos from unit owners either unable or unwilling to undertake the repairs required by the law, which seeks to prevent another deadly collapse like the one in Surfside in 2021 that killed nearly 100 people.

With only 12 condos at Beach Sound, each one equals 8.3% of owners. Boca Raton lawyer Jonathon Chane represents Edward and Karen Rado, who own a condo and object to the termination. Their third-floor residence has a fair market value of $800,000, according to the county property appraiser.

In a letter to the association, Chane cited a state law that says that if 5% or more of the voting interests are opposed to the termination, “the plan of the termination may not proceed.”

“The law is unequivocal that the plan may not proceed,” he warned the association, noting that the Rados will “avail themselves of all remedies available under Florida law. GOVERN YOURSELVES ACCORDINGLY."

With the association voting 11-1 to terminate, Chane told The Post: "All options are being considered."

In the case of Beach Sound, the land is valuable because it can be developed into a more expensive project. The Palm Beach Post has learned that the partnership has offered the condo owners as much as $2 million each if the sale goes through, nearly double fair market value.

Ed O'Sullivan, a board member at the Claridge, a condo building just to the north of Beach Sound, has been leading the fight to kill the redevelopment project.

“We are prepared to do whatever it takes to kill the project, including testifying against it at public hearings later this year and, if necessary, challenging the developers in court,” O’Sullivan said. He added that the Claridge strongly supports the Rados and is prepared to help them in their fight.
Jupiter Island's Beach Sound condominium issue looks like it is headed to courts

The Claridge is concerned the zoning change sought by the developers would result in a building that would be too close to theirs.

The developers are seeking a zoning change that would allow for the setback to be reviewed by county commissioners on "a case-by-case basis." The "Type 2" waiver process sought by the developers would apply only to condos along Jupiter Island that fall under the jurisdiction of county government.

The developers argue that they need to make the current building bigger and wider to make the project economically feasible. They are complying with the requirement that the building not increase the number of units, but the height will rise to eight stories from four. Each of the condominiums would be much larger than the existing ones.

On their website, the developers say the new building will be elevated to safeguard residents from storm surges, sea level rise and other flooding risks.