Living in one of South Florida’s many
aging, waterfront condo buildings comes with a nagging
feeling: What if a developer closes on a bulk unit buyout,
with plans to redevelop the site?
In some cases, it may be a blessing. Facing skyrocketing
assessments due to stricter structural and electrical safety
requirements imposed after the deadly Surfside collapse,
homeowners can find a way out by selling their unit to a
developer. But for many, it’s an ordeal. It means going
through a termination of the condo governing structure and
numerous back-and-forths over per unit offers with the
buying developer –– plus put pressure on them to decide if
they’re willing to part with the homes they’ve tended to and
invested in over the years.
Just take a look at Biscayne 21. The 23-story, 192-unit
building has been a longtime fixture framing Margaret Pace
Park’s expansive greens in Miami’s Edgewater, but over the
better part of the last five years it also became a
cautionary tale of the boondoggle bulk condo buyouts can
become. Biscayne 21, at 2121 North Bayshore Drive, was
completed in 1964 and now sits vacant.
This week, a group of 10 holdout unit owners and Two Roads
Development settled their three-year lawsuit, paving the way
for the development firm to build the 55-story Edition
Residences, which would mark the latest addition to
Edgewater’s growing condo canyon. Two Roads will pay the
holdouts a combined $50 million.
The holdout unit owners’ first sued Two Roads, led by Taylor
Collins and Reid Boren, hinging their 2023 complaint on one
main claim: After Two Roads closed on the purchase of the
majority of units in 2022 for $150 million, gaining control
of the association, it illegally amended Biscayne 21’s
governing documents to lower the threshold for condo
termination to 80 percent from 100 percent. They also
alleged their neighbors were “manipulated, bullied, deceived
and pressured” to sell in 2022.
Two Roads at the time responded that it adhered to “all
proper protocols and spent months working closely with
Biscayne 21’s residents” to work out a “seamless termination
plan” that was approved by the state.
The case got tangled in court. First, a trial court issued
an order in Two Roads’ favor, but then an appeals court
overturned this. Neither the appeals court nor Florida’s
Supreme Court wanted to hear Two Roads’ requested rehearing.
On Aug. 31, Two Roads and the holdouts settled.
But Robert Murphy, one of the holdouts, said all this could
have been avoided. In 2021, as Two Roads was negotiating
with Biscayne 21 unit owners, he had asked for about a third
more than the $1.3 million the developer offered him at the
time, but the developer blew him off, along with another
unit owner with a similar request. If Two Roads had
responded, Murphy, who is an attorney, wouldn’t have dug in,
he said.
The holdouts and Two Roads agree on one thing: Florida
lawmakers have to finally weigh in on bulk condo buyouts.
Unit owners are calling for more protections for others
targeted by developers, while Two Roads argues more clarity
is needed on the process.
For years, condo owners across South Florida have been
receiving offers by developers, but buyout offers
skyrocketed after the deadly Surfside collapse in 2021 that
led to stricter structural safety regulations, necessitating
costly repairs. They are primarily targeting aging,
waterfront buildings, which coincidentally face some of the
most stringent repair mandates.
Perhaps lawmakers do need to weigh in. But history shows
that’s not as simple. Since imposing stricter condo safety
regulations, lawmakers have had to tweak these laws in
subsequent years to address unforeseen problems from the
initial legislation. Such was the case too with other major
real estate items passed in recent years: Lawmakers also
have gone back to tweak new laws on the Live Local Act and
condo-hotels governance.
Biscayne 21’s unwinding took four years, multiple courts and
$50 million to resolve. If that’s the blueprint for condo
terminations, then Florida probably does need a new
guidepost.
Also this week, Mayor Zohran Mamdani’s vow to freeze rates
at rent-stabilized buildings now is in the hands of a judge.
And while Chicago is dealing with its own divisive
tenant-protection policy proposals, in Texas, embattled
investor Nate Paul managed to keep some of his crumbling
real estate holdings. Plus, plenty more.