A group of Doral condo owners are taking
aim at their community’s developer, alleging it retained a
grip on the association years after completing the building
and exempted its affiliates from the same rules imposed on
the homeowners.
The Grand at Doral I condominium association says the
building’s developer, Pablo Jose Valdes Florida Irrevocable
Trust, transferred more than half of the building’s units —
42 of the 80 condos — to two of its affiliates, Prime
Properties at Doral and Premier Properties at Doral. That
gave Prime and Premier the lion’s share of votes at the
building, according to the complaint.
The Valdes trust granted its affiliates a set of “developer
rights” not given to other owners. The rights included
renting out their units and exemption from leasing
restrictions and other requirements, such as capital
contributions to the association, the suit says.
Prime and Premier are managed by Lucilla Suero and Niurka
Fonte-Esquivel, records show. Suero and Fonte-Esquivel were
named in the lawsuit not individually but in their capacity
as co-trustees of the Valdes trust.
The Miami-Dade Circuit Court suit, filed late last month,
also named the Grand at Doral master association, led by
Suero and Fonte-Esquivel, as a defendant. The Valdes trust
wasn’t sued.
The Valdes trust completed the four-story Grand at Doral I,
a cream white building with a barrel-tiled roof, in 2022.
It’s at 10950 Northwest 82nd Street.
The litigation marks the latest dispute over developer
control at homeowners or condo associations, as this fight
for power has popped up in several communities across
Florida.
At some associations, homeowners say developers have held
their grip by keeping their appointees on boards of
directors. Elsewhere, developers are accused of domination
by having final say on association business such as taking
out loans.
Valdes is the founder and president of Medley-based Biltmore
Enterprises, where Suero is the general manager and Fonte-Esquivel
is the chief financial officer, according to the firm’s
website.
This isn’t the only litigation shrouding the trust. Grand at
Doral I also is suing over alleged construction defects, and
one of Valdes’ daughters has twice sued Suero and Fonte-Esquivel,
claiming in a 2025 complaint self-dealing and imprudent
administration of the trust that reduced its value. A judge
in the case recently granted Suero and Fonte-Esquivel’s
motion to dismiss, but left the door open for Ibis Valdes to
re-file. The three Valdes children are 90 percent
beneficiaries to the trust, and Suero and Fonte-Esquivel are
each a 5 percent beneficiary, according to a separate Valdes
complaint.
Requests for comment made to Biltmore and Suero and Fonte-Esquivel’s
attorneys in some of the other litigation weren’t returned.
Who’s got the power?
The Grand at Doral I board was turned over to individual
unit owners in 2023, but not without a fight.
In late 2022, the board members still included Suero and
Fonte-Esquivel, state records show.
Around that time, the board had proposed an assessment
increase, according to unit owners.
“And we as owners realized we had absolutely no say in the
business of our building,” Rodolfo Forster, a unit owner,
previously told The Real Deal.
As the 2023 election drew closer, an attorney argued that
Premier had the right to elect a board majority, according
to correspondence obtained by TRD.
Unit owners banded together and hired their own attorney,
who argued otherwise and won, wresting board control from
affiliates of the developer. Now Forster and two other
individual unit owners serve on the board.
But now, the association says Premier, which owns 41 units,
and Prime, which owns one unit, still have a majority voting
power for items that require approval from at least 80
percent of all unit owners, according to the complaint. This
matters because approval by the association’s members is
necessary to advance items such as special assessments or
tweaks to the declaration, a blueprint for the building’s
governance, the complaint says.
If the Grand at Doral wanted to change its declaration,
including Premier and Prime’s exemptions from unit leasing
restrictions, it would need those entities’ votes of
approval, the suit says.
“The only parties capable of approving amendments are the
same parties claiming the benefit of the challenged
provisions, Prime and Premier,” Jeannie Liebegott, the
association’s attorney, wrote in the complaint.
During condo sales in 2021, the Valdes trust said in
offering documents that it has the right to keep any unsold
one-bedroom units and rent them out, but it didn’t circulate
this document to each would-be buyer, according to the
lawsuit. Prime and Premier also kept several units that have
more than one bedroom.
The complaint is asking the court to determine each side’s
rights, including whether Prime and Premier are exempt from
unit leasing restrictions, and also to weigh in on the
assignment of parking spaces to the Valdes trust’s adjacent
lot.