HOLLYWOOD · Not so fast.

Condo owners have filed a lawsuit against the developer who wants to put a new charter school on the first four floors of their building. According to the lawsuit, the downtown Hollywood building has been substantially altered without the condo board's approval.
In November, Hollywood's city leaders approved the HART project, short for Hollywood Arts District, which calls for a 400-seat theater, retail space, condominium and garage. One of the crucial elements of the project is an arts charter school, which is expected to open in the fall and serve up to 600 students. The school must be approved, however, later this month, by the Broward School District.

Hometower Condominiums at 1720 Harrison St. is already a mixture of offices and residential units. The charter school would take up the first four floors of the 18-story building.

But some Hometower residents said that they were surprised to see jackhammers and other major equipment knocking down walls and making changes since a firm agreement between the developer and unit owners had not yet been reached. A tentative agreement was submitted to the board by developer Gary Posner and his partner Patricia Peretz, but no vote has been taken, both sides said.

Mark Butler, Michael Lukasievich, Myron Burnstein and Miette Burnstein, who own units in the building, are the plaintiffs listed on the lawsuit against the HART District Ltd.

"The defendant cut through the floor of unit 1A to dig a trench running the length of the building and has cut holes in and demolished exterior wall ..." the lawsuit, filed May 27, states. The plaintiffs want to "bar the defendant from alterations to common elements without approval of the directors of the condo association."

But George Minski, the attorney representing the HART District, said his clients have met with the condo board and followed their order to come up with an agreement.

"We sent them our proposed agreement, and we got something back from their lawyer saying they're still being pushed to file a lawsuit," Minski said. "We're in the process of trying to get another meeting."

Minski said it's too early to tell whether the lawsuit would affect the proposed August opening of the art charter school. "We're hoping it won't.''

The charter school would be the first of its kind in Hollywood. Dubbed Hollywood Academy of Arts and Science, it would be run by Charter School USA. In February enrollment sessions were held to notify parents about opportunities there. Charter School USA, based in Fort Lauderdale could not be reached for comment Friday evening.

While some Hometower owners support the charter school proposal, others said the project has caused a rift among residents. Opponents say they fear the high-traffic area off Young Circle is not conducive for a school.