Nearly a year after unit owners at the 1060 Brickell condominium complex in Miami sought 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 at 1060 Brickell. The two-tower, 45-story building has 592 units located at 1060 Brickell Avenue.
Miami-Dade Circuit Court Judge Joseph Perkins issued an order in late September replacing the current board with Dorinda Spahr, Jermaine Jones, and Javier Noriega. The outgoing board was instructed to hand over all records and property by last Friday. This decision is part of ongoing litigation between the association and unit owner James Duddey as well as others involved in the recall effort.
The ruling does not conclude the broader legal dispute but represents a significant development for owners who have twice voted to recall their board within the past year. It also supports a July order from the Florida Department of Business and Professional Regulation, which certified one of the recall efforts and required immediate turnover of records and property. 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 of Haber Law, who represents Duddey, Spahr, Nuñez, and other owners.
Neither Marc Halpern, attorney for the condo association, nor Kassel responded 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 take place because Kassel’s board disqualified candidates Spahr, Jones, and Noriega; as a result, they remained in power. Jones and Noriega challenged this through state arbitration while Spahr and other owners filed suit in January alleging improper cancellation of that election due to what they claim was an incorrect assertion about insufficient candidate numbers.
Owners told The Real Deal they have spent more than $500,000 on legal fees since last year in addition to paying for association legal costs through monthly dues. They argued that much of the $21 million special assessment—including nearly $8 million for façade restoration and $3.5 million for garage work—was unnecessary given that the building was completed in 2008.
In another lawsuit filed in December by Jessica Bergman and Antonio Sevillano seeking class action status (amended in January), it is alleged that passing the special assessment violated Florida law by not providing details or allowing unit owner votes. They also claim that approving it with only a 2-1 vote violated condo rules.
Halpern previously stated it is “the board’s fiduciary duty to maintain the property and make necessary repairs,” while Kassel emphasized his focus on safety.
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 of Florida Condominium Act caused “irreparable harm” and granting an injunction would “serve the public interest.”
