Condominiums_January 1980CONDOMINIUMS 24
Date
Request of Commissioner Alex Daoud to discuss 1/16/80
Condominium conversions. Matter deferred for
discussion during Workshop on Housing, to be
held Tuesday, Jan. 22, 1980, at 3:00 p.m.
Commissioner Friedman requested that builders
and contractors, as well as representatives of
lending institutions in the area, be invited
to attend Workshop on Housing. Commissioner
Mendelson requested that City Atty. furnish
information at workshop relating to conversion
of older buildings from rental to condominium,
as to their being grandfathered in under the old
housing and zoning ordinances.
CONDOMINIUMS
Housing Workshop held, various opinions
rendered by City Atty. with respect to
success etc., of suit challenging State Law
limiting City's ability to establish rent
control, and relating to condo conversions,
etc.
24A
Date
1/22/80
CONDOMINIUMS 25
Date
(ADD ON) Condominium Conversion Ordinance. 2/6/80
Mayor Meyerson referred to proposed ord. and
suggested that consideration be deferred to
next meeting due to lateness of hour; however,
Commission indicated that time was of the
essence and that they wished to proceed with
first reading. Ord. passed on 1st reading.
An ord. relating to the conversion of rental
units; providing for the renumbering of Sec.
17A-29 thru 17A-31 and adding new sections
thereto; setting forth purpose of chapter;
providing definitions; establishing notifica-
tion requirements to City; requiring an ap-
plication to convert to be filed with City;
providing for inspections to be made to
CONDOMINIUMS 26
(continued) Date
ascertain conformance with all applicable provi-
sions of Code of City; requiring correction of
deficiencies; requiring notification to tenants
of intent to convert; and entitling certain
elderly and handicapped tenants of a facility
being converted to a condominium to an extension
of their lease; providing for severability; re-
pealing all ordinances in conflict; and providing
for an effective date, (requested by Mayor Meyerson).
Hearin and second reading scheduled for 2/20/80
at 1:30 p.m. 2/6/80
(NOT ON AGENDA) Tenants Bill of Rights re- 2/6/80
garding condominium conversions:
CONDOMINIUMS 27
(continued) Date
Ms. Rose L. Abramson of Belle Towers Apartments,
appeared and requested Commission to take steps
to protect rental tenants affected by condominium
conversions. She also submitted a proposed
tenants "Bill of Rights" to City Clerk for dis-
tribution to Commission, City Mgr., and City
Atty., (item will be included in Feb. 20, 1980
Condominium Conversion ord. hearing file). 2/6/80
Hearing held and concludedre: an ord. relating 2/20/80
to conversion of rental units; providing for
renumbering of Sec. 17A-29 thru 17A-31 and ad-
ding new sections thereto; setting forth purpose
CONDOMINIUMS 28
(continued) Date
of chapter; providing definitions; establishing
notification requirements to City; requiring
an application to convert to be filed with City;
providing for inspections to be made to ascer-
tain conformance with all applicable provisions
of Code of City; requiring correction of de-
ficiencies; requiring notification to tenants
of intent to convert; and entitling certain
elderly and handicapped tenants of a facility
being converted to a condominium to an exten-
sion of their lease; providing for severability;
repealing all ordinances in conflict; and pro-
viding for an effective date. Further considera-
tion deferred to 3/19/80. For other action taken 2/20/80
CONDOMINIUMS
(continued)
29
Date
in connection with condominium conversions,
see item ft -4A, (indexed next) 2/20/80
(NOT ON AGENDA) Ord. relating to conversion 2/20/80
of residental rental units to condominiums;
declaring existence of an emergency and crisis;
providing for a moratorium on conversion; pro-
viding for passage as an emergency measure.
During discussion of item R -3B, State Represen-
tative Hal Spaet appeared and advised that Dade
Delegation, in concert with delegations of
neighboring counties experiencing proliferation
of conversions of rental properties, will be pro-
posing legislation in the next session of the
CONDOMINIUMS 30
(continued) Date
Legislature, as the first order of business.
Ord. #80-2197 adopted as an emergency measure,
effective immediately, imposing a moratorium
on conversions for 90 -day period. City Atty.
to obtain copies of condominium conversion
ordinances adopted by other cities and states,
for review, and to prepare an appropriate ord.
for Commission's consideration at 3/19/80
meeting. (See Fla., State of)
2/20/80
(ADD ON) Ord. #80-2201 adopted as an emergency 3/5/80
measure, amending ord. #80-2197 to add language
omitted by srivener's error, relating to
CONDOMINIUMS 31
lcontinued) Date
conversion of residential rental units to condo-
miniums; declaring existence of an emergency and
crises; providing for a moratorium on conversion;
providing for passage as an emergency measure. 3/5/80
During discussion of moderate cost rental hous- 3/5/80
ing construction, Mrs. Benita Argos submitted a
copy of an undated letter to tenants of Plaza
West from Mayor Meyerson, advising of moving
expense monies contractor/owner is making avail-
able. At request of City Commission, copies
were furnished to them. (See Housing- Middle
Income)
CONDOMINIUMS 32
Date
Persons from Belle Plaza appeared in Chambers 3/5/80
re: actions of the owner of the building in
relation to its conversion to condominium.
City Atty. invited interested persons to come
to his office on Monday afternoon, March 10,
1980, at which time he will be taking statements
from affected tenants.
City Atty. rendered an oral report of decision 3/14/80
of Circuit Court Judge Herbert Klein that Ordi-
nances Nos. 79-2169 and 80-2197 were invalid on
the basis that City is preempted by State in area
of condominium legislation. He advised that un-
less directed to contrary, he intended to appeal
Judge Klein's decision on the principle of Home
CONDOMINIUMS 33
(continued) Date
Rule. Res. #80-16219 adopted, directing City
Atty. to appeal ruling of Circuit Court and
request Judge Klein to consider certifying ques-
tion, as a matter of great public interest, to
District Court of Appeal or Supreme Court, for
immediate hearing. State Representatives Hal
Spaet and Ron Silver appeared and advised of
joint efforts of Dade and Broward Delegations in
preparing a bill for consideration by House which
would enable municipalities to enact emergency
legislation in connection with condominium conver-
sions. They requested Commission and all other
local interested parties to attend subcommittee
meetings scheduled for early April, to assist
them in efforts to obtain passage of a bill 3/14/80
CONDOMINIUMS
(continued)
34
Date
which would include a local option provision.
Commissioner Friedman requested City Atty. to
prepare an ord. requiring strict compliance with
parking requirements of Zoning Ord. when build-
ings change their use, if it is legally possible.
Commissioner Weinstein requested that there be
strict enforcement of all provisions of Building
Code, with respect to electrical, plumbing, etc.,
of all structures. (See Florida, State of, Zoning,
Building Code) 3/14/80
Mayor Meyerson announced that Parkview Point 3/14/80
Apartments has voluntarily agreed to comply
with City's ord. prohibiting discrimination
CONDOMINIUMS 35
(continued) Date
on basis of age. (See Housing Discrimination -
Age - Housing))
Mr. Shepard Davis, Tenants Association of
Florida, Inc., appeared and was heard re:
making a change in 18 month Condo Conversion
Ord. and a change or an addition to Uncon-
scionable Rent Increase Ord. (See following
entry this date)
3/14/80
3/19/80
An ord. relating to conversion of rental units; 3/19/80
etc., (first reading 2/6/80) (Public Hearing
held and concluded 2/20/80) (Second reading
deferred from 2/20/80) No action taken on
CONDOMINIUMS 36
(continued) Date
second reading of,ord. due to Circui Court
Judge Herbert Klein's ruling that Ordinances
79-2169 and 80-2197 relating to condo conver-
sions, were invalid. City Atty. advised that
Judge had also entered an order removing auto-
matic stay granted to municipalities when an
ord. is invalidated, and rendered an oral report
on 1) actions being taken in court on this sub-
ject since 3/14/80 meeting as directed by City
Commission, 2) status of initiating litigation
challenging Florida Statute 166.043 which estab-
lishes procedures for passage of rent control
ord., 3) success of City's unconscionable rent
increase ord. 79-2175, which has not been chal-
lenged. City Atty. directed to research 3/19/80
CONDOMINIUMS 37
(continued) Date
possible desirability of changing present
formula for determining unconscionable rent
increases, to retain services of an economist
if necessary, and to submit a report at 4/9/80
meeting. Judge Klein's ruling filed with records
of this item. 3/19/80
Commissioner Daoud discussed appointing a 4/23/80
committee to meet with Governor and Senior
Legislators to urge passage of a workable
local option condominium conversion statute.
Mr. Moe Schiffman, President of Tenants' Assoc.
appeared and rendered report on his recent meet-
ing in Tallahassee with Governor and legislators
CONDOMINIUMS
continued)
38
Date
at which he represented the Mayor. He advised
that Governor indicated he is very sympathetic
to City's needs, and suggested that a delegation
be sent to discuss this and other desired pro-
grams. Mayor Meyerson appointed Commissioner
Daoud, to chair a committee composed of Com-
missioners Friedman and Mendelson, and any other
Commissioner who wished to serve, to delineate
composition and mechanics of committee and
recommend appointees at• the 5/7/80 meeting.
Mayor Meyerson asked Commissioner Daoud and City
Mgr. to attempt to schedule an appointment with
Governor and legislators to discuss this issue. 4/23/80
CONDOMINIUMS 39
Date
Res. #80-16271 adopted, urging Dade Co. Brd. 5/7/80
of Commissioners to extend tenants notifica-
tion period for Condo Conversion to maximum
permitted under new State Statute. (Requested
by V.M. Alex Daoud). Mayor Meyerson appointed
V.M. Daoud to appear before County Commission
at its 5/20/80 meeting, to express City's
position and urge passage of such law. Ad-
ministration to notify Co. Mgr. to place
V.M. Daoud on their agenda. (See Condo-
miniums)
Res. #80-16274 adopted, memorializing State 5/7/80
Legislature to enact, in current session, a
more stringent condominium law, based on
CONDOMINIUMS 40
(continued) Date
laws existing in California and New York, and
expressing Commissions feeling that the bill
recently adopted by Legislature does not ade-
quately provide protection to citizens facing
condominium conversion; resolution to be sent
to all members of State Legislature. (See,
Legislature, State of Florida) 5/7/80
(ADD ON) Res, #80-16291 adopted, expressing 5/21/80
City's position that in event Courts, State
or Federal Legislature determines that City
has authority to enact reasonable condominium
conversion controls, or provides City with
authority to do so, it is the firm commitment
CONDOMINIUMS
(continued)
of City to adopt such reasonable condominium
control measures for protection of welfare of
M.B. residents.
41.
Date
5/21/80
Mr. Shepard Davis appeared to discuss: 1) 6/4/80
Res. ##80-16274 which memorializes Fla. State
Legislature to recognize inadequacy of recently
enacted Fla. Condo Conversion Statutes, entitled
the "Roth Act". Commissioner Friedman requested
consideration of establishing a policy concerning
adoption of resolutions that have not been pre-
pared in advance of a meeting, and suggested that
a specific time be set aside early in meeting
CONDOMINIUMS 42,>
(continued) Date
for such proposed resolutions, which would afford
City Atty's office sufficient time to prepare
same for Commission's consideration later in
meeting. Matter to be placed on 6/18/80 agenda.
(See Friedman, Michael - Commissioner) 6/4/80
Mr. Shepard Davis appeared to discuss: 3)
answer to Mr. Bob Levy's attack on M.B. City
Commission as reported in Miami News, 2/23/80.
Heard. No action taken.
6/4/80
Scott Ross appeared re: no. of hotel properties 12/17/ 80
being developed into condos. & urged Comm. ac-
tion to restrict condo. proliferation & encour-
CONDOMINIUMS 43
(cont'd.) Date
age hotel construction in City. C. Mgr. advised 12/17/80
that Plan. Staff is considering pos. zoning chZs.
& he will submit rep. & recommendations in near
future. Mayor Meyerson suggested that Admin. de-
velop philosophy to prevail upon developers of
oceanfront properties to consider cons. of hotel
facilities by taking advantage of bonuses for ho-
tel development contained in zoning ord., & asked
that C. Mgr. make attempt to meet in near future
w/new owner of Montmartre Hotel property to urge
his consideration of hotel development. (see
ZONING)
0000MM UMS 44
Date
5/6/81 C Atty Memo 8998, Res. 81-16655 adopted, as
amended, requesting Federal Legislation to
control condominium conversions. (see U.S.
GOVT.)
3/14/84 C Atty Memo 175-84, legality of conversion
R -9G of hotel units to condominium ownership in
MB, CAO -84-29. Comm discussed rep. &
actions which could be taken. C Atty to
work w/Admin. to put owners of facilities
which have converted units, on notice that
they cannot have kitchen facilities and
persons cannot occupy units on permanent
CONDOMINIUMS
Date (Cont'd)
3/14/84 basis. C Atty advised her office will keep
R-9G Comm. informed on matter. (see ZONING)
45