The Claridge Jupiter Island Condominium Association has called on a state appeals court to overturn the county's recent approval of an eight-story condominium that would replace a 40-year-old, four-story building that sits next door to the Claridge on Jupiter Island.

Palm Beach County commissioners approved zoning changes that will allow the developer PK Beach Sound to build a new eight-story, 130,000-square-foot building to replace the four-story, 22,000-square-foot Beach Sound. The Claridge association has filed suit, naming Palm Beach County and PK Beach Sound as defendants. It alleges the commission's approval was connected to the “developer’s desire to make a larger profit from its plan for redevelopment of the property” and that the developer failed to meet any of the requirements for the “waivers” that were granted. “This is something that we did not want to do,” said Ed O’Sullivan, a spokesperson for the Claridge, “but we felt we had no choice. This building that they want to put next to us is just too big.” The Claridge has nicknamed the project “The Beast of Beach Sound.” After a hearing that lasted over two hours, county commissioners approved the waiver request in July. The new building still will have 12 residences, but the units will be considerably larger. Each condo is expected to sell for several million dollars.

The current Beach Sound condo compelex on Jupiter Island.

 

The condo communities along the Tequesta beachfront oppose the project, saying it is incompatible with their buildings.

More developers are looking to take over condo complexes in South Florida in the wake of the collapse of the Surfside complex. New laws require intensive inspections to ensure building safety. And older buildings, like Beach Sound, are targets of developers who try to buy out existing owners with offers that are too good to refuse. All buildings covered by the law must fully fund their reserves.

In light of the Surfside tragedy, there are two options for owners of older condos: “Either lose everything or try to sell out,” said Brian Seymour, lawyer for the developer. But Claridge lawyers argue that inspections of Beach Sound show the building is in good shape and does not need expensive repairs.

Can one of the 12 owners block the sale of the Beach Sound in Jupiter?

Eleven of the 12 owners at Beach Sound have agreed to sell their units to PK Beach Sound. The one holdout, Edward and Karen Rado, who were offered $2.7 million. The Rados' unit, according to the county’s property appraiser, has a market value of $800,000.

The Rados have filed their own lawsuit, challenging the termination of the condo association, which is needed for the sale to take place. The developers consist of area builder Phil Perko and the Kolter Group. The Rados argue that because their condo accounts for more than 8% of the ownership, the sale cannot proceed.

The Beach Sound parcel is on Beach Road, one of the few beachfront areas that is in an unincorporated part of Palm Beach County. To the south is Tequesta, and to the north is Jupiter Island, a separate municipality, in Martin County.

At issue is how close the new building will be to the Claridge. The developer needed waivers to reduce the side setback requirements. The Claridge is concerned that with the building so close, it will increase wind velocity during a hurricane. Another concern is the new building's planned underground parking garage; the Claridge questions whether it is safe to do that on Jupiter Island.

The lawsuit claims that the county staff failed to consider the scale, mass, and character of the new Beach Sound, adding: “Instead, the Staff Report provides general conclusory statements agreeing with the Developer, without detail as to how the proposed building is compatible with the surrounding land.”

The developers, who have not yet responded to the lawsuit, argued at the July hearing that the building needs to be bigger and wider for the project to be economically feasible. They are complying with the requirement that the building not increase the number of condos. Their lawyer, Seymour, said he is confident that the county properly approved the waivers.

The lawsuit represents the first time in recent years that the county has been sued over a development decision. A new state law discourages such lawsuits because it allows a public entity to recover its legal fees should the public agency prevail.