R5V - Require Notice for Condo Redevelopment Plans
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE VII, ENTITLED “CONSUMER PROTECTION OF OWNERS OF RESIDENTIAL REAL PROPERTY,” BY AMENDING SECTION 58-600, ENTITLED “DEFINITIONS,” SECTION 58-602, ENTITLED ”NOTICE TO ASSOCIATIONS,” AND SECTION 58-611, “CIVIL PENALTIES FOR VIOLATIONS OF SECTION 58-602,” TO REQUIRE A PROSPECTIVE BULK OWNER OF RESIDENTIAL CONDOMINIUM UNITS TO PROVIDE NOTICE TO RESIDENTIAL UNIT OWNERS OF ANY PRESENT OR PENDING APPLICATION, OR OTHER REQUEST, TO AMEND THE COMPREHENSIVE PLAN OR LAND DEVELOPMENT REGULATIONS IN CONNECTION WITH A PROPOSED REDEVELOPMENT OF THE CONDOMINIUM PROPERTY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 3 weeks agoOrdinances - R5 V
COMMISSION MEMORANDUM
11:05 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
The attached Ordinance is presented by the sponsor, Commissioner Alex J. Fernandez, for consideration by the Mayor and City Commission at First Reading.
Condominiums are a popular form of residential real property ownership in the City of Miami Beach and are featured among the City’s most cherished historic buildings within both local and National Register districts.
Rising property values and recent changes to the Florida Condominium Act, chapter 718, F.S., and other relevant state statutes have contributed to increased attempts to terminate older condominiums in the City of Miami Beach.
Section 718.117, F.S., provides the methods by which condominiums may be terminated. Section 718.117(3)(c), F.S., sets forth the procedures, rights, and obligations of parties with respect to an optional termination of condominium initiated by an owner, together with its affiliates, who holds at least 80 percent of the voting interests in the condominium (a “bulk owner”).
The City of Miami Beach Office of the Inspector General (“OIG”) has identified that condominium residents may not be aware of efforts by developers to acquire controlling interests in condominium property and gain bulk owner status (defined in the attached Ordinance as “prospective bulk owners”) until it is too late to meaningfully express their opinions, raise objections, or explore alternative living arrangements. The OIG further found that this lack of transparency can be especially harmful to elderly and middle- and fixed-income condominium owners.
On June 25, 2025, the City Commission adopted an Ordinance requiring prospective bulk owners of residential condominium units to provide notice of their acquisition of interests in condominium property to each unit owner on the property; the board of the condominium association; the property manager (if applicable); and the City Manager.
ANALYSIS
The attached Ordinance amends Chapter 58, Article VII of the City Code, entitled “Consumer Protection of Owners of Residential Real Property,” to amend the existing notice requirement applicable to prospective bulk owners. Specifically, the Ordinance requires additional notice if a prospective bulk owner has filed an application or other request to amend the Comprehensive Plan and/or Land Development Regulations in connection with a proposed redevelopment of the subject condominium property. [1] The sponsor’s intent is to promote transparency, protect condominium unit owners’ interests, and promote owners’ early inclusion and participation in negotiations.
Consistent with the regulations on prospective bulk owners that were recently adopted by the City Commission, the attached Ordinance (i) would apply once a prospective bulk owner has acquired, or is under contract to purchase, 20% or more of the total ownership interests in the condominium; and (ii) would apply to condominium property with a minimum of 12 condominium units.
A prospective bulk owner would be required to update and redistribute the notice within five (5) business days of any changes to the information contained in the notice. Additionally, the condominium association and/or property manager would be required to conspicuously publish the notice on the condominium property.
[1] A requirement that prospective bulk buyers provide notice of pending applications to amend the
Comprehensive Plan and/or Land Development Regulations is not in conflict with or expressly preempted by the Florida Condominium Act or the Florida Deceptive and Unfair Trade Practices Act.
FISCAL IMPACT STATEMENT
The City will use existing resources to enforce this Ordinance.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
11:05 a.m. 1st Rdg, Amend Notice Requirement for Prospective Bulk Condo Owners. (Fernandez)
Previous Action (For City Clerk Use Only)