Residents Secretly Recorded at High-End Miami Condo Tower: Lawsuit
A former concierge filed the lawsuit against the condo association and property manager alleging he was fired for speaking up about the secret recordings.
July 10, 2020 at 04:22 PM
3 minute read
A fired concierge at Miami's high-end Palm Bay Tower condominium claims he was a victim of retaliation after reporting video and audio recordings were made in the building with secret cameras.
Christian Miranda sued Palm Bay Towers Condominium Association Inc. and KW Property Management LLC, which oversees day-to-day building operations, under the state whistleblower and communications security acts.
The 27-story Palm Bay was built in 1972 On Biscayne Bay at 720 NE 69th St. Units offer expansive water views, and many are owned by high-profile Miamians. Developer Avra Jain, known for breathing life into the MiMo Historic District on Biscayne Boulevard, is a unit owner.
Florida is a two-party consent state requiring all parties to agree to be recorded, and the whistleblower act protects employees who report illegal activities.
"Your condo is your home, and it should be a safe and private sanctuary," attorney Peter Valori, partner at Damian & Valori|Culmo Trial Attorneys in Miami, said by email. "To me, it is a personal violation to secretly spy on people. It is one thing to have security cameras that we can all see. It is entirely different for a management company to operate a secret surveillance network with hidden devices. I can't imagine why a condominium board would allow this type of thing."
KW Property attorney Frank Simone denied the allegations of secret recordings and retaliatory termination.
Miranda "was terminated for cause for violating clear company directives. KWPM will vigorously defend this action," Simone of Frank Simone Law Offices in Miami said in an email.
Association attorneys Jeannie Hanrahan, shareholder at Marshall Dennehey Warner Coleman & Goggin in Fort Lauderdale, and Marc Halpern of Halpern Rodriguez in Coral Gables didn't return request for comment by deadline.
Miranda said KW Property hired him in November 2018. He was fired in February after he objected two days in a row to the hidden recorders and told a supervisor he wasn't comfortable with the association secretly recording him and others.
KW installed numerous cameras throughout the complex with the consent of the condo board, and the recorders were disguised to look like small USB charging plugs, according to the complaint.
"There existed no legitimate nonretaliatory reason for the decision to terminate Mr. Miranda's employment," the Miami-Dade Circuit Court complaint said.
Miranda asked for his job back as well as for compensation for lost wages, emotional distress, actual damages, statutory damages, attorney fees and costs and injunctive relief.
The suit lists violation of Florida's Whistleblower and Security of Communications acts as well as intentional infliction of emotional distress counts against KW. It also lists civil conspiracy intentional infliction of emotion distress and conspiracy to violate the Communications Act against KW and the association.
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