A long-running dispute between Miami
condominium owners and a developer aiming to redevelop their waterfront
building has reached has concluded, with an outcome that could carry
implications for condo owners across Florida.
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This week, the Florida
Supreme Court declined to hear an appeal filed by Two Roads
Development, effectively upholding a lower court ruling that
sided with a group of owners at Biscayne 21, a condominium
located in Miami’s Edgewater neighborhood.
The decision halts the developer’s plan to terminate the
condominium and replace it with new, ultra-luxury
residences, a strategy that’s become increasingly common in
South Florida’s aging condo market.
"This building is in Miami, it’s about 192 units, and the
original declaration was recorded in 1974," said Alessandra
Stivelman, an attorney who specializes in condo and
community association law, but is not affiliated with this
case. "It’s an older building that’s coming to need a lot of
repairs." |
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According to the
lawsuit filed in 2023, owners accused Two Roads of
purchasing units in bulk and pressuring other residents to
sell so the company could gain control of the condo board.
Once in control, they alleged, the developer sought to
terminate the condominium association — with the goal of
tearing down the building and redeveloping.
But the Biscayne 21 declaration included a key provision:
any termination required unanimous approval from all unit
owners. While current state law allows termination with
approval from 80 percent of ownership, the documents
governing Biscayne 21 required 100 percent agreement.
"The owners asked for the court to tell the developer they
could not move forward with this plan of termination,"
Stivelman said.
The Supreme Court’s decision not to intervene leaves the
lower court’s ruling in place, favoring the holdout owners.
Legal experts say the outcome could set a precedent for
other buildings with similar governing documents —
particularly older condominiums facing redevelopment
pressure.
"Unfortunately, there are a lot of condos that are going to
be left in limbo — older properties that can't afford to
make necessary repairs and maintenance," Stivelman said.
NBC6 has previously reported on similar buyout efforts
across South Florida, including at the Bayshore Park
condominium in Coconut Grove, where the governing documents
required only 75 percent of owners to approve a termination.
Isaac Toledano, CEO of BH Group, the developer behind the
Bayshore Park project, said the Biscayne 21 ruling will
likely make developers more selective about which properties
they target.
"I’m sure developers will become more cautious after this
decision," Toledano said. "But remember, every building has
different condo docs and different requirements."
In a statement provided to NBC6, attorney Jeffrey Lam, who
represents the Biscayne 21 owners, said his clients have
been displaced for more than two years.
"Obviously, we are extremely pleased with the Third DCA’s
ruling and substituted opinion back in July, and the recent
order from the Supreme Court of Florida declining to accept
jurisdiction and denying TRD’s petition for review. Our
clients have been out of their forever homes for over 2
years now because of the developer's cavalier attitude to
the governing documents of the condominium and the
livelihoods of our clients," the statement read. "While it
remains to be seen if our clients can move back in their
homes based on the condition of the building after being
vacant for 2 years, we look forward to proceeding with our
claims and recovering the significant damages our clients
deserve."
Two Roads Development declined to comment, telling NBC6
through a spokesperson that the company is "focusing on next
steps."