A group of condo unit owners in Florida just won a legal victory against their own board in a fight over a whopping special assessment, after a judge ordered the association leadership to hand over all records and control to a new board.
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1060 Brickell Condos has been embroiled in lawsuits. |
Owners were aghast at the amount of
money, which would come directly out of their pocketbooks to
the tune of about $35,000 per owner. They argued that
repairs weren't needed, given that the building was only 17
years old.
The owners' allegations also included a lack of transparency
about the repairs, an engineering representative who wasn't
licensed, a hasty deadline to pay the assessment, and a
board that refused to answer questions.
"Owners are basically forced to watch
[Kassel] bleed them dry financially while acting snarky,
arrogant, entitled, and careless," an account called 1060
Brickell Condominium Owners alleged on X.
Condo owners got together to oust the three-person board
(including vice president David Treiger and treasurer Paolo
Lignarolo) and elected a new one in November 2024. However,
the current board then disqualified the three new
candidates, and managed to keep control of the board.
That's when the lawsuits began flying.
The board sued unit owner James Duddey, who led a successful
recall effort (certified by the Florida Department of
Business and Professional Regulation) for the Kassel-led
board.
Unit owners Dorinda Spahr, Jermaine Jones, and Javier
Noriega were appointed to the board by a judge in July, and
they too subsequently filed their own lawsuit.
Haber Law attorney Ariella Gutman, who represented the trio,
told Realtor.comŽ: "Condominium owners now have a new board
who will take over the operations of the Association in all
aspects and run the next election. The new board is in place
until the next election [in November].
"This was a hard-fought win over various cases both in
arbitration and in court. We are happy for the owners to
take control and have the people who they voted for running
their Association. Nonetheless, these cases and the fact
that it took almost a full year to get resolution expose the
various nuances and obstacles that the law regarding
condominium imposes on owners who want to make changes or
challenge actions of the Board of Directors in their
community. "
Realtor.com also reached out to attorney Marc Halpern, of
Halpern-Rodriguez in Coral Gables, representing the condo
association.Additionally, unit owners Jessica Bergman and
Antonio Sevillano, a married couple, filed a class-action
complaint, alleging that the board's passage of the special
assessment violated Florida law by failing to provide a
description of the special assessment and by failing to
allow unit owners to vote on it.
Additionally, unit owners Jessica Bergman and Antonio
Sevillano, a married couple, filed a class-action complaint,
alleging that the board's passage of the special assessment
violated Florida law by failing to provide a description of
the special assessment and by failing to allow unit owners
to vote on it.
"Are you recording me? Hi, hi! I'm recording you, too!"
board vice president Treiger said in one video, posted in
November 2024. "Let's record all day long, my dear. Spread
your lies, call the police, do whatever you want, you little
coward ... you contaminated individual."
He then apparently called police on the person recording
him.
With Miami-Dade Circuit Court Judge Joseph Perkins' latest
ruling, the Kassel-led board is finally out at the condo, at
least for the time being (there is another election in
November) and the owners group rejoiced.
"In a dramatic reversal for fed-up condo owners, a
Miami-Dade judge has ordered the immediate removal of 1060
Brickell Condominium Association's incumbent board after it
shamelessly clung to power for nearly a year—despite losing
a state-mandated recall arbitration and illegally rejecting
valid owner ballots that would have ousted them," it wrote
on X, calling the ruling "a hard-won victory for owners who
fought relentlessly for nearly 12 months to end this abuse
of power."
ealtor.com reached out to the account on X and WhatsApp.
Unbelievably, it's not 100% certain that the tug-of-war is
over.
"We cannot be sure of what the former directors will do, and
there are various situations to consider on whether they can
challenge this," Gutman said.
"At present, they have not and have turned over the
Association to the board that was elected via the recall and
under the Court’s order."
Neighbor wars
The brouhaha, which has seen neighbor turn on neighbor,
illustrates how easily HOA, condo, and co-op owners can go
to war not only over living conditions—such as noise or
unmowed lawns—but also finances. And just how expensive that
can be.
Owners had told TRD that they'd spent a half-million dollars
on attorney fees, in addition to funding the association's
legal fees via their monthly dues, fighting their own board.
While the owners alleged that the board’s passage of the
special assessment violated Florida law by failing to allow
unit owners to vote on it, whether or not a vote is taken
before an assessment varies by association.
"In some cases, a membership vote is mandatory for approval;
in others, it isn’t," says building management service
Associa.
Should you buy?
At 1060 and 1050 Brickell, there are 12 units for sale,
ranging in price from from $390,000 to $850,000.
The 605 residential units include studios, lofts, and one-,
two-, and three-bedroom apartments. They range in size from
570 square feet to 2,500.
"With a magnificent two-story lobby, and equally striking
residential units, Avenue on Brickell is a one-of-a-kind
luxury home experience," boasts the website.
The building comes with amenities such as a 24/7 front desk
attendant, valet service, pool, spa tub, business center,
fitness center, yoga room, sauna, lounge room, billiard
room, massage room, and wine and cigar locker room.
A two-bedroom unit in the complex is listed for $525,000
with $1,368 in monthly fees. Described as "currently the
lowest priced 2 bedroom in the entire building," the listing
doesn't state if the assessment and legal fees are baked
into the relatively high HOA dues.
Another listing, a 613-square-foot studio for $399,500,
comes with an enticing perk: "Special Assessments paid by
seller!"
But should buyers invest in a place with this much bad
blood?
"I would steer clear of this community at all costs,"
Coldwell Banker Vanguard Realty agent Cara Ameer, who is
licensed in Florida and California, tells Realtor.com.
"The owners will end up paying for the litigation through
special assessments, and many people may just opt to no
longer pay their dues and feel they are throwing good money
after bad and end up simply walking away from their unit. I
have seen this kind of thing happen, and it takes years to
recover."
As for how to avoid a building with this much controversy,
Ameer says it can be worth it to hire an attorney to do a
deep dive into all condo documents, looking for red flags.
"The best thing you can do if you plan to buy a condo is to
get involved with your board and condo association so you
can have input into the decisions being made," Ameer
advises.
"Owners don’t want to get involved in their condo
association, and they think ignorance is bliss until it
isn’t."