Judge Grants Luxury Condo Owners Rights to Miami Club
Grove Isle residents scored a victory in a court battle against a developer planning a new tower at the exclusive community on Biscayne Bay.
August 14, 2015 at 11:20 AM
5 minute read
Miami-Dade Circuit Judge Bronwyn Miller made it clear: Residents at Miami's luxury Grove Isle condominiums have a right to continued use of its club's amenities—even new ones planned for the site—as long as they don't withhold membership dues from the developer who shelled out $24 million to acquire the property.
Attorneys on both sides lauded Miller's 32-page order issued Thursday night, shortly before Saturday's expiration of an emergency injunction preventing developer Eduardo Avila from tearing down the decades-old club to make room for sparkling new condos on Biscayne Bay.
“The court is compelled to observe that the unit owners seek the continued operation and maintenance of the club facilities in this suit, yet the evidence demonstrated that in another pending lawsuit unit owners seek to circumvent the financial obligations imposed in conjunction with membership,” Miller wrote. “The obligations imposed by the declaration are reciprocal. It is axiomatic that unit owners must pay their dues to support the very club facilities they claim they wish to enjoy.”
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