Nearly a year after unit owners at the 1060 Brickell condominium complex in Miami voted to remove their association president, a judge has ordered the board and its president to relinquish all records and control of the association.
Jacob Kassel, who led the board that approved a $21 million special assessment and eliminated electronic voting, is no longer president of the 45-story, two-tower building with 592 units at 1060 Brickell Avenue. Miami-Dade Circuit Court Judge Joseph Perkins ruled in late September that Dorinda Spahr, Jermaine Jones, and Javier Noriega would replace the current board. The previous board was instructed to hand over all records and property by last Friday as part of ongoing litigation between the association and unit owner James Duddey, among others who initiated the recall.
While this ruling does not end legal disputes between owners and the association, it represents a significant development for owners who have twice voted to recall their board in the past year. The decision also upholds a July order from Florida’s Department of Business and Professional Regulation that certified one of those recall efforts. That state order required removal of the existing board and immediate transfer of all records and property—including checkbooks—within ten business days. Although Spahr, Jones, and Noriega were supposed to be appointed immediately following that order, the association appealed.
“This case really illustrates some of the issues with the current versions of the recall laws,” said Jonathan Goldstein, an attorney with Haber Law representing Duddey, Spahr, Nuñez, and other owners.
Marc Halpern—the condo association’s attorney—and Kassel 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 new board will serve until at least November’s annual election. Last November’s official election did not occur because candidates Spahr, Jones, and Noriega were disqualified by Kassel’s board; as a result, incumbents remained in place. Jones and Noriega challenged this through arbitration with state authorities while Spahr sued in January over what she described as an improper cancellation based on there being too few candidates.
Owners previously reported spending more than $500,000 on attorney fees since last year—on top of paying for association legal expenses through monthly dues. They argued that much of the special assessment—which included nearly $8 million for façade restoration and $3.5 million for garage work—was unnecessary for a building completed in 2008.
In another lawsuit filed in December by Jessica Bergman and Antonio Sevillano seeking class action status (amended in January), plaintiffs claimed that passage of the special assessment violated Florida law due to lack of proper description or owner vote. They also alleged violations regarding how votes were conducted under condo rules.
Attorney Halpern previously told The Real Deal that maintaining property safety is part of fiduciary duty; Kassel said his priority was ensuring safety at 1060 Brickell.
Judge Perkins’ recent order followed a September 26 hearing where he found Duddey had shown “substantial likelihood of success” regarding recall efforts. Perkins wrote that violations by the association caused “irreparable harm” under Florida Condominium Act provisions; he stated granting an injunction “will serve the public interest.”
