For archived legal information please visit the FSR website

January 28, 2018

 Dear Owners:
 

As you recall, on December 8th  of last year, the Board provided a brief update on the proposed Club  re-development.   This email is to provide a further update for you and  follows a meeting on Friday, January 26th with our attorneys at Weiss  Serota.
 

We initiated Friday’s  meeting with Weiss Serota following the Developer’s commencement of  aggressive marketing of the “Markers” condominium project.  As many of  you know, a sales office and scale model have been located in the Club,  and the Developer’s sales and publicity agents have been making some  optimistic claims about imminent demolition and project readiness.  Like  all sales organizations, they are acting confidently and claiming early  success in pre-selling and taking reservation fees from prospective  buyers.  The Developer has the right to pre-market a possible future development and to accept reservation fees.
 

This is to inform you that, based upon a careful review, little has changed since our December 8th  update.  We have learned the Developer submitted updated architectural  plans for the “dry run” zoning review in the past week, having received  numerous comments on its prior submission, and Weiss Serota is currently  reviewing these modified plans.  Other than these, no plans have been  submitted to the City for purposes of obtaining a building permit.  
 

Another aspect of Club re-development is re-platting, the process of  legally subdividing the island into 2 separate buildable parcels of land  which is required by the City to obtain  any building permit. As discussed in our last email, the City issued a  letter last year confirming that the Club property needs to be  re-platted before commencing any development.  We understand that the Developer  is in the early stages of attempting to have the island re-platted.  We  are advised that the re-platting process and obtaining building permits  to commence construction of the project will take many months, likely a  year.
 

As a matter of history, all development on Grove Isle is governed by a  1977 Settlement Agreement, signed by the original developers of Grove  Isle Condominiums and many other parties.  This Agreement mandates a  maximum of 575 dwellings, including hotel rooms.  It appears clear that  “the Markers” is advertising a greater number of additional dwellings  than is permitted under this 1977 Agreement.  There are other important  objections to be made to the proposed “Markers” development at the  appropriate juncture.
 

Finally, Weiss Serota will make certain that all the Developer's filings  for building permits with City of Miami regulatory authorities strictly  comply with the City's zoning codes and other City regulations as well  as the 1977 Settlement Agreement's density limitations.
 

Respectfully,
 

The Grove Isle Condominium Association Board of Directors
 


Update concerning the club site deveopment

December 8, 2017       

Dear Owners:
 


  • Some  of you have expressed concern and   asked questions regarding the status  of possible construction on the Club side of the island, especially in  light of the recent efforts of the Developer to open a sales office in  the Club.  The model in the Club is very similar to a plan that has been  circulating for years as well as architectural plans submitted for the  “dry run” zoning review.
     
  • Other  than the “dry run plans” (preliminary plans), no other plans have been  submitted to the City for purposes of obtaining a building permit.  The  City recently completed a review of the “dry run plans” and the zoning  comments were extensive, requiring significant modifications to comply  with the City’s zoning ordinance (Miami 21).  The City also issued a  letter recently saying that the property needs to be re-platted before  commencing any development.  That process is also in its early stages.   Our attorneys advise us that the process to re-plat the property and  obtain building permits to commence construction of the project will  take many months, likely a year.
     
  • Our  attorneys will make certain that all the Developer's filings for  building permits with City of Miami regulatory authorities strictly  comply with the City's zoning codes and other City regulations as well  as the 1977 Settlement Agreement's density limitations.
     

Respectfully
 

The Board of Directors 

Nov 2017 Letter From Our Board

Dear Fellow Owners:       


  • As a result of  the July 2015 trial and Final      Order, the Court required the Club to  provide permanent Club      Facilities to the residents.  The Court also  ruled that in the      event the Club Facilities are closed during possible  construction of      new ones, the Club must also provide the residents with  temporary      Club Facilities.  The temporary Club Facilities that the Club       has proposed would place an above ground pool and a temporary      restaurant  on the surface parking lots across from the tennis courts      and marina,  resulting in the loss of the surface parking.  The      outdoor parking  spaces would be taken to provide these amenities.       In exchange for these  temporary facilities, the Club would      expect the residents to pay full  dues. 
  •  At a recent  hearing before Judge      Miller, the issue of whether or not the Association  would demand      these temporary Club Facilities in light of the fact that  full dues      would be required was addressed with the Judge.  The parties       were encouraged to resolve this limited issue.
  • On Wednesday,  November 29, the Board voted      unanimously to waive the Court  imposed requirement that      the Club provide these temporary Club  Facilities during the possible      demolition and construction of permanent  Club Facilities. In      exchange for waiving the requirement that the  Developer provide the      temporary facilities, (1) the Club agrees not  to charge      membership dues during the period in which Club Facilities are       unavailable; and (2) the Club agrees not to close the      surface parking  lots or change their present use and      availability throughout the period of possible construction of      any new Club Facilities. In addition, the  Club will      continue to provide a minimum of 8 tennis courts for a fee to       the users of the courts. These terms will be in effect during the      time  period in which permanent Club Facilities are      unavailable. At this time,  no permits have been issued for the      demolition of the Club Facilities  or for the construction of the new      Club Facilities.   

Board of Directors      Nov 30,2017