Nearly a year after a group of unit owners at 1060 Brickell, a two-tower condominium complex in Miami, voted to remove their association president, a judge has ordered the board and its president to hand over all records and control of the association.
Jacob Kassel, who led the board and was responsible for implementing a $21 million special assessment and eliminating electronic voting, is no longer in charge at 1060 Brickell. The property consists of 592 units across two towers at 1060 Brickell Avenue.
Miami-Dade Circuit Court Judge Joseph Perkins issued an order in late September requiring the board be replaced by Dorinda Spahr, Jermaine Jones, and Javier Noriega. The outgoing board was also instructed to turn over all association records and property by last Friday. This order stems from ongoing litigation between the association and unit owner James Duddey, among others who supported the recall effort.
While this ruling does not conclude all legal disputes between owners and the association, it represents a significant victory for those owners who have twice voted to recall their board within the past year. It also reinforces an earlier decision by the Florida Department of Business and Professional Regulation, which certified one of the recall efforts in July. That state order called for immediate removal of the existing board and required that all records be turned over within ten business days. Spahr, Jones, and Noriega were named as new appointees but faced an appeal from the outgoing association leadership.
“This case really illustrates some of the issues with the current versions of the recall laws,” said Jonathan Goldstein, attorney with Haber Law representing Duddey, Spahr, Nuñez, and other owners.
The attorneys for both Kassel and the condo association did not respond to requests for comment.
“Our outcome followed nearly a year of intense and costly legal battles against a board that refused to step down,” said Dorinda Spahr. “We won this case because a committed group of owners united, they financially supported the cause and they were relentless.”
The newly appointed board will serve until at least November’s annual election.
Last November’s scheduled election did not take place because Kassel’s board disqualified candidates Spahr, Jones, and Noriega. As a result, Jones and Noriega filed an arbitration petition with state authorities while Spahr sued in January on behalf of herself and other unit owners. Their lawsuit claims that canceling November’s election on grounds there were too few candidates was improper.
Owners told The Real Deal they spent more than $500,000 on attorney fees since last year—on top of paying monthly dues that also funded legal costs for both sides. They argued that much of what was included in the special assessment—such as $8 million for façade restoration and $3.5 million for garage work—was unnecessary given that their building had only been completed in 2008.
In another pending lawsuit filed by Jessica Bergman and Antonio Sevillano seeking class action status against the association, plaintiffs allege that passing such a large special assessment without giving unit owners proper description or vote violated Florida law as well as terms set out in condo documents.
Attorney Marc Halpern previously told The Real Deal that it is part of any condo board’s fiduciary duty to maintain property standards through necessary repairs; Kassel maintained his focus was ensuring resident safety.
Judge Perkins’ most recent order followed a hearing on September 26th where he found Duddey had shown “substantial likelihood of success” regarding his recall effort. Perkins wrote that violations committed by previous leadership under Florida’s Condominium Act resulted in “irreparable harm.” Granting an injunction would therefore “serve public interest,” according to his ruling.
