Louisa Conway, a politically active Key Biscayne condominium leader, is facing a demand to testify in a civil deposition later this month in a lawsuit between warring condominium associations in one of Miami’s toniest apartment complexes.
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Louisa Conway, a leader of the EmeraldBay condominium, speaks at a Key Biscayne Village Council meeting July 21, 2021. Conway is being required to testify in a lawsuit brought by the Key Colony Homeowners' Association in a dispute over payment of common charges |
In turn, the buildings
then pass along those charges to their residents. The system
means owners only pay one maintenance bill, but it also
means that the buildings are “fronting” the master
association’s costs when owners are delinquent.
Starting in November, the HOA says EmeraldBay has only been
paying a portion of those common charges. EmeraldBay says it
should not be responsible for owners who are delinquent. At
one point, it had an outstanding balance of more than
$320,000, according to the HOA’s records, but General
Manager Pedro Penate said the current outstanding amount is
now closer to $170,000.
Messages were sent to Conway and to EmeraldBay attorney
Craig Minko for comment on this story, but there was no
response.
Conway’s testimony could be critical. A Nov. 14 email from
EmeraldBay informed the HOA that “payment has been placed on
hold by our Board President, Mrs. Conway.”
Conway has cut a prominent –though some would say polarizing
–political path in Key Biscayne for years.
She has publicly sparred with other Village leaders, most
notably former Mayor Mike Davey, and campaigned against a
$100 million resiliency bond issue as part of an
unsuccessful 2020 run for Village Council.
In the last election cycle, Conway helped lead a drive
against several amendments to the Village Charter,
succeeding on some and losing others, and was a vocal
supporter of mayoral candidate Fausto Gomez.
Gomez was a colleague of Conway’s on the Key Biscayne
Condominium President’s Council. She also is the treasurer
of a registered island political committee, the Key Biscayne
Lightkeepers.
The dispute between the two associations means EmeraldBay
owners are, in effect, suing themselves. Penate said the
HOA’s legal fees to date have been about $15,000, but that’s
before the deposition and an upcoming court hearing. Because
EmeraldBay owners are also members of the HOA, they could
wind up footing a portion of the bill for both the HOA’s
case and EmeraldBay’s defense of it.
In addition to Conway’s deposition, scheduled for Aug. 30,
there is an Aug. 24 court hearing that could significantly
alter how the case plays out. The HOA is asking a judge to
strike EmeraldBay’s “affirmative defenses,” a legal move
that –if granted – could limit EmeraldBay’s ability to make
certain arguments.