Brickell condo owner calls building an "illegal hotel" as Miami issues notice of violation
The City of Miami has issued a notice of violation to the developer of The Club at Brickell Bay, alleging the building is operating in a manner that fails to comply with its certificate of use.
The municipal action follows a cease-and-desist letter sent in August after city officials determined that more than 300 vacation rentals were being advertised in the building, despite only 30 short-term rental units being permitted. According to the notice issued this week, the structure's current use does not conform to its official certificate.
Condo residents report that unpermitted transient rentals have disrupted daily life in the building.
"Behind me is an illegal, unpermitted hotel. And I happen to live there," said condo owner Christina Lardon, noting that residents regularly contend with crowded lobbies, travelers with luggage, and elevators operating at full capacity.
The notice of violation was addressed to Brickell Bay Plaza Inc., the holder of the property's certificate of use. Jerome Hollo, the building's developer, serves as the registered agent for the company.
In a statement, Hollo distanced the development firm from the residential units:
"Florida East Coast Realty and our related corporation, Brickell Bay Plaza, Inc., have no involvement in the occupancy or control of the residential units in The Club at Brickell Bay. The Club at Brickell Bay Condominium Association is responsible. We only control the commercial leasing on the first floor. We were just made aware that the City of Miami accidentally cited our 1201 Brickell office building for 'Unpermitted lodging activities,' even though no such use exists. I am sure this will be cleared up right away."
An attorney representing the condominium association stated that the city's notice was not directed at the association.
In response to the dispute, Miami District 2 Commissioner Damian Pardo said he intends to pursue further enforcement actions, including a proposed ordinance mandating citywide short-term rental registration and the formation of a dedicated task force.
"We will do everything we can under the law to stop this," Pardo said.
Under the notice, ongoing non-compliance could result in fines reaching up to $5,000 per day. Lardon voiced concern over whether individual unit owners could be impacted by those penalties.
"So, am I on the hook also? To pay for their fines, the crimes they have committed for not obeying the city's cease and desist order," Lardon said. "I mean, come on. That's not fair."
The city has required Brickell Bay Plaza Inc. to achieve compliance by Oct. 30. As of this week, short-term stays at the property could still be booked online for dates in November.