According to a newly filed legal complaint, the Opera Tower Condominium Association, owners of Miami’s esteemed Opera Tower, has allowed unlawful short-term rentals for extended periods, causing increasing facility expenses and plummeting property values.

A Class Action Lawsuit 

On June 21, 2021 the lawsuit was filed in a Federal district court in Miami and seeks class action status. The Opera Tower is no stranger to lawsuits, and this move is simply the latest legal battle over unapproved 30-day or shorter leases at the 635-unit luxe skyscraper. Opera Tower sits in the heart of Miami’s Arts and Entertainment District at 1750 North Bayshore Drive. 

The plaintiff, Joseph Dispoto, bought a one-bedroom apartment in the Opera Tower in 2007. According to the lawsuit, up to 200 unit owners may be affected and the claim could be filed as a class action suit with damages exceeding $5 million. Defendants listed in the lawsuit are the Opera Tower Condominium Association, Opera Tower LLC, board directors Joseph Arthur, Dean Warhaft, and Michael Smith. 

The Allegations 

In the lawsuit, the Opera Tower Condominium Association and its board of directors are accused of breaking Miami zoning ordinance 21, which bans short-term leases in multifamily structures like the Opera Tower. According to the lawsuit, over 200 units in the complex are actively advertised and offered as short-term apartment rentals.

Opera Tower LLC is also accused of using a firm called Opera Suites and Marina to lease condominiums for 30 days or less through February 2020. The lawsuit claims that for a period of time, Opera Suites and Marina had a separate check-in counter at Opera Tower and extensively promoted its short-term rentals on numerous hotel reservation websites.

The Opera Tower Condominium Association admitted in a letter to unit owners that these short-term rentals had lowered the value of their units and the overall property. The complaint states that Opera Tower got a cease-and-desist letter from the city of Miami approximately a month following the letter being mailed out, ordering the Tower to discontinue all short-term rentals immediately. 

No Comment From the Opera Towers 

Dean Warhaft, Florida East Coast’s principal development manager and President of the Opera Tower Condominium Association, was contacted for a statement but declined to comment. At the time of writing, attorneys for Joseph Dispoto, Brian Warnick, and Janet Varnell, as well as the attorney for the Opera Tower Condominium Association, Jose Baloyra, did not reply to phone calls and emails seeking a statement. 

Get Help With Miami Real Estate Litigation Today 

If you are the owner of a unit in the Opera Tower complex, or want more information about how to protect yourself from property devaluation, contact Feinstein Real Estate Litigation & Business Law by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

Champlain Towers South, a 12-story oceanfront condo in Surfside, Florida, just outside of Miami, partially collapsed on June 24, 2021 at 1:25 a.m. The devastating collapse resulted in 97 confirmed deaths and 11 injuries, making it one of the most fatal in U.S. history.   

What Caused the Champlain Towers Collapse? 

The Towers are believed to have collapsed due to water penetration in the steel-reinforced concrete support beams in the underground parking garage and an investigation is ongoing.  The problems were first detected in 2018, and by April 2021, they had not been addressed and had worsened.  

Prior to the collapse, Champlain Towers received approval of a $15 million project to make repairs, however no major structural work had been done at the time of the collapse. Sinking ground levels coupled with insufficient steel reinforcement within the concrete beams, and construction negligence are all considered factors in the collapse. 

Why Property Claims Will Likely Be Paid Before Civil Suits 

Michael Hanzman, a Miami-Dade judge, spoke at an open hearing on July 16 about the numerous claims that would be made against Champlain Towers and the monumental task of awarding compensation to those who were affected by the Towers’ careless construction. 

Unfortunately, the building was underinsured at the time of the collapse and likely will not have enough assets to fairly compensate all parties impacted by the event for loss of life and property. Because the building had more property insurance, construction litigation claims are likely to “trump” other civil suits, like personal injury and wrongful death, explained Judge Hanzman. 

Did You Suffer Damages In the Surfside Tower Collapse? We Can Help 

If you suffered property or other damages as a result of the Champlain Towers collapse, you may have the option to bring forward a lawsuit against the owners and managers of the building for improper construction. However, with so many lawsuits already being levied against the Towers, it’s important to act quickly. 

Although the investigation is currently ongoing at the time of writing, experts weighing in are already suggesting that the case for negligence is clear, particularly due to the fact that a sizable sum of money had been obtained for repairs but had not yet been used. 

Contact Feinstein Real Estate Litigation & Business Law for a consultation to find out if you may have a claim for compensation by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).