The legal problems are
mounting for the EmeraldBay Condominium Association, which
is fighting a new lawsuit from the company it hired to do
extensive concrete restoration work for the 12-story Key
Colony building.
The association is also a defendant in a lawsuit brought by
the Key Colony Homeowners Association, which takes care of
common spaces in the vast complex. The HOA claims it was
being shorted, as well.
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Entrance to the Emerald Bay condominium, one of four buildings at the Key Colony complex in Key Biscayne |
According to the lawsuit, EmeraldBay
contracted National Concrete in December 2016 to provide
labor, equipment, materials and services for exterior
repair, waterproofing and painting for EmeraldBay – one of
four condominium buildings at luxurious Key Colony.
“National subsequently performed its obligations under the
contract, but EmeraldBay breached its corresponding,
contractual obligation to (among other things) pay National
forall project work performed,” the lawsuit states.
Besides breach of contract, the lawsuit alleges unjust
enrichment and violation of paying for reasonable services.
National Concrete also is also seeking attorney fees.
“Despite demands for payment, which demand is made again
here, EmeraldBay failed and refused to pay National for the
project work performed,” the lawsuit stated.
A review of the building permit shows an extensive amount of
stucco repair work on the 43-year-old building.
“I do not like publicizing claims in the press but it is
extremely frustrating when a condominium association
conveniently enjoys work completed back in 2021 but refuses
to pay what it owes,” said National Concrete’s attorney
Francisco Touron, III.
“National Concrete is owed $250,000.00 for my client’s hard
work.”
The firm of Cole, Scott and Kissane is representing
EmeraldBay in the National Concrete lawsuit as well as the
one brought by the Key Colony master association. The firm
said it doesn’t comment on pending litigation. In the HOA
case, EmeraldBay is denying the claims against it.
A text message to Conway was not returned. A voice mail
could not be left on her phone because it was full.
The National Concrete lawsuit is waiting on EmeraldBay’s
formal legal response, due June 23 according to court
documents.
In the earlier HOA case, the dispute centers on whether the
four buildings at Key Colony are legally required to collect
money for the master association, which takes care of the
beach, pools, green spaces and other common spaces.
Documents indicated that a January invoice for $145,000 was
not paid, but the current amount being sought is not known.
EmeraldBay contends it has no binding obligation to collect
fees – a position that flies in the face of what the HOA
says is a longstanding agreement where the four buildings
pay a lump sum to the HOA to cover the fees owed by the
1,179 units in the complex. The method was to make it
simpler for unit owners so they don’t have to pay one amount
to the condo association and another to the HOA.
All of this litigation comes with attorney fees and since
all residents are also members of HOA, the Homeowners’
Association is in a very real sense suing some of its own
members.