Winter is coming, and with it swarms of Airbnb visitors, warned residents at a standing-room-only Brickell Homeowners Association meeting who pleaded for a crackdown on illegal short-term vacation rentals in their condos.
 

City of Miami Commissioner Damian Pardo and Miami-Dade County Commissioner Vicki Lopez assured residents they are working on solutions, including more rigorous code enforcement by the city and regulation by the state. “Our government has neglected a big problem that’s gotten out of control, and our leaders must come forward with a plan,” Brickell Homeowners Association President Ernesto Cuesta said. “Let’s stop dancing around the terminology. These are illegal rentals, illegal lodging, and if there are no consequences, we are going to continue sinking in the same boat.” Pardo, who represents Brickell as part of District 2, has requested short-term rental records from the city manager and city attorney’s offices to get a handle on how many are operating in Miami, one of the most popular Airbnb destinations in the world. The city bans short-term rentals of less than 30 days in multifamily residential condos unless the building is certified as a condo hotel, which requires more stringent standards for security, safety, fire protection and accommodations for people with disabilities. “We are looking for proactive measures to try to stem this,” Pardo said during Tuesday’s meeting. “We are completely open to all of you. If you are suffering from these problems, come into our office so we can further address this issue.” Lopez, a longtime Brickell resident, said she is using her experience as a former state legislator to urge the secretary of Florida’s Department of Business and Professional Regulation to conduct more investigations of illegal vacation rentals, “which is affecting communities across Miami-Dade,” she said. She wants to forge a stronger county-state partnership with the department, which oversees compliance with the Florida Condominium Act. “This is not just a quality-of-life issue,” Lopez said. “Illegal short-term rental activity creates serious safety and security concerns for residents who deserve to know who is coming in and out of their buildings and to have confidence that applicable laws and regulations are being followed.”

Guests arrive at The Club at Brickell Bay, a Miami condo cited for operating illegal short-term vacation rentals. Residents want more aggressive enforcement by city officials to curb the chaos.

 

Cuesta said the city is reacting to pressure from residents following Miami Herald articles about The Club at Brickell Bay, a 43-story condo tower that’s been transformed into an Airbnb hotspot with an “Animal House” atmosphere. The Club’s board and property management company run the 643-unit building like a hotel, and 85% of the units are rented nightly despite lacking required state and local permits, licenses and business tax receipts.

 

“The city claimed it couldn’t do much, but they have been forced to understand that a building that is not authorized to do lodging cannot do it, period. If the building doesn’t have certification, it’s breaking the law, period,” Cuesta said. “The positive thing is that the city now realizes it has to do something. Residents are facing major life safety risks in their own homes.”

During the meeting, other Brickell condo owners spoke about problems in their buildings.

Former Miami Code Enforcement Board chair Yvonne Bayona, who is president of the Historic East Shenandoah Homeowners Association, encouraged the city to revive a task force on short-term rentals that former commissioner Joe Carollo created. Pardo said he has approval and will do so.

Bayona also described enforcement hurdles that Miami code compliance inspectors must overcome, such as being denied entry into condos by front-desk attendants.

“When the city says inspectors can’t cite illegal rentals because they lack access, that is false, that is an excuse for giving up or not coming out,” Cuesta said. “If I call in a code complaint, I’m giving access as an owner in my building. I can invite the inspector in, same as I would the fire department or police.”

Following the Herald’s stories, Assistant City Manager Barbie Hernandez sent a letter to The Club’s HOA board on Aug. 11 stating that the building was being operated like a hotel and demanding that all illegal vacation rentals “cease immediately.”

Board members, who pledged better management and more harmony when they were elected in June, then requested city records and a 90-day grace period to examine them.

On Thursday at 3 p.m., the board held its second HOA meeting since receiving the city’s letter and updated residents about its improvement plan — repairs to the pools, jacuzzi, parking garage and elevators, as well as tighter security and monitoring of guests and the dress code by front desk staff.

During the eight-minute meeting, the five board members — none of whom live in the building, but all of whom own and manage units listed on Airbnb and other vacation booking sites — appointed new members to the grievance and design committees, without taking nominations.

When one resident asked why no one had a chance to apply or vote “so we could all actively and democratically participate in the selection,” board president Maria Sindia Borras explained that The Club’s bylaws allow the board to appoint committee members.

When another resident asked why she wasn’t considered for a committee she had served on previously, Sindia Borras replied, “Because we don’t have to.”

There was no discussion of the city’s demand letter. Residents say short-term rentals continue unabated.