José Rincones sat on a crowded couch in his Brickell condominium’s wine and cigar room, a space where a November breeze swept in from the balcony to cool the hundred or so owners who gathered that Saturday. Rincones was one of many who had flown in from out of town — his a 1,600-mile journey from Venezuela — for this event.

At 9 a.m. Saturday, Rincones voted to oust his condominium’s president, a man who approved of a $21 million special assessment without the majority of the building’s blessing. “We have to review everything that has been done, of course, and see in what time we can make (the changes), not necessarily in a year, if we can go about making some of the changes we agree on, the most critical,” Rincones said in his native tongue Spanish. “Well, that’s basic, how they say, ‘Common sense’ in English.” The election promised a fresh start for owners at 1060 Brickell, a community sitting on the main artery of Miami’s financial district at 1060 Brickell Ave. The condominium comprises two towers totaling 605 residences. Attendees welcomed an end to the two-year reign of Jacob Kassell, the board’s president. In recent months, Kassell’s behavior had proven too much for owners like Rincones. Kassell eliminated electronic voting — once a saving grace for the majority foreign investors in the building — rushed in a $21 million special assessment, eliminated two running mates and tried to postpone last minute board elections until December the Wednesday before Thanksgiving. Florida Department of Business and Professional Regulation sent two volunteers to oversee the election. The DBPR oversees condo associations, and the volunteers sat throughout the five-hour meeting to ensure proper protocol was followed with the voting process.

Condo owners gathered Saturday at 9 a.m. to cast ballots and vote in new board members after many raised concerns over decisions taken by the association’s president as of 2022.

 

By 2 p.m., condo owner and resident Dorinda Spahr was voted in with 192 votes — with 115 votes being the minimum needed — as the president elect. Pablo Lignarolo and David Treiger were also voted in as part of the three-member board. Kassell received zero votes.

“We won the election, but we still need ownership,” Spahr said to owners at the end of the election, urging for owner participation in meetings and votes in the months ahead.

The first task for Spahr and her fellow board members would be the $21 million special assessment. Kassell failed to hold a vote to approve the multi-million dollar special assessment for the 16-year-old building in November. While large budgets are permissible under state law, boards must get 50% of owner approval for any project over $50,000 or “exceeding 115% of assessments for the preceding calendar year,” according to state statute.

A vote was never held.

Instead, residents got hit with assessments ranging about $40,000 to $50,000, depending on the size of the residence. Kassell set a deadline for January for a quarter of each owner’s assessment with the rest paid over nine quarterly payments.

“This mock election will be thrown out come Monday,” Kassell told the Miami Herald. He declined to answer any questions, citing the association’s law firm and representative Halpern Rodriguez.

Marc Halpern, a senior and founding partner of the Coral Gables-based Halpern Rodriguez law firm, did not respond to an immediate request for comment.
Financial pressures after Surfside collapse

The election at 1060 Brickell follows a series of owners pushing back at associations raising monthly condo assessment fees, requesting special assessments and setting expectations for reserve contributions come January.

The financial hikes come after the collapse of the Champlain Towers South, which killed 98 residents in the summer of 2021. The building collapsed after owners had delayed structural repairs and a $15 million special assessment for the 39-year-old building at the time of the disaster.

In an attempt to safeguard the lives of condo owners and residents in the future, the state established new laws forcing owners to address structural issues and build reserves for renovations and projects in the future.

The problem is the process, not the price of the special assessment, said Diego Navia, a resident at 1060 Brickell. More accountability and guardrails need to be established, Navia said, for board members.

“There needs to be more timely enforcement,” he said. “The laws passed were a great step forward.”

Over the next few days, the newly elected board plans to fight for recognition from Kassell and clarity behind the $21 million demanded special assessment. Spahr said they just needed time to plan.

“We understand owners want answers. This was the first step today. This was the most important step today The rest of it,” Spahr said, “is a little unknown territory.”