MIAMI - Condo owners
at Biscayne 21 received a notice last Friday that their
building services would be discontinued. The development
demanded the remaining residents move out by Friday, but
they refused to leave without a fight.
The high rise was
bought by Two Roads Development. The residents filed a
lawsuit in mid-May against the company claiming that the
unit owners "manipulated, bullied, deceived and pressured"
them to sell their units to the developer.
Residents invited CBS Miami to interview them inside the
property, but we were met by police within minutes of our
arrival. Lawrence Pecan, the attorney of the property, said
he did not want the media inside.
Nicolas Bello, a unit owner, was packing his belongings to
move Friday. He said he would miss the view of the bay.
"I cannot do anything but hurry and save what I can save,"
Bello said. |
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"My property is not
for sale," said Jackline Fraga, another condo owner. "I
never put my property on the market, I came to this
apartment in my wedding dress with my husband, I made my
children in this unit, and I want to come and retire here."
Franah Marino described the building as prime property in
South Florida.
"There is so much pain, anguish and attachment," Marino
explained. "It's just heart-wrenching because if they can
take that, they can take anything."
The building first told residents they had to leave as early
as March of this year. They received the following notice:
"As you know, the building is in need of significant
deferred maintenance which precedes TRD Biscayne LLC's
completed acquisition of the property in December 2022…
About 184 Units at the property have been successfully
vacated with the exception of six remaining units… remaining
as unlawful inhabitants of the property."
Jeffery Kominsky, a real estate attorney with a specialty in
condominium law, explained a fallout from Florida law. The
law allows condo boards to be dissolved and buildings to be
sold with just 80% approval from those with voting interest.
"Unfortunately, more and more we are seeing more termination
of associations after developers want to engulf in super
majority votes in acting a termination provision," Kominsky
said.
Residents will need to be out by 5 p.m. Friday.