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Not so long ago, condo developers
pulled out all the stops for prospective buyers at
opening parties. |
Even in the middle of a condo
meltdown, Miami finds a way to make money on real estate.
Consider
the case of attorney, events promoter and cultural scenester
Aaron Resnick. A mere day after losing his bid to get Simon
Cruz elected mayor of Miami Beach to protect the future of
house parties, Resnick and his partners at the Davidoff Law
Firm launched a new venture to help ease the morning-after
headache of condo-boom speculators.
The
venture, started with a Web site called
www.recovermydeposit.com, represents the marriage
of Resnick’s considerable promotional skills with the
recognition of a new boutique legal specialty that’s bound
to grow along with buyer’s remorse.
The regret
stems from a variety of circumstances afflicting many
projects sold a few years ago at fabulous parties
well-stocked with free drinks and attractive women. After
the festivities ended, cold realities intruded. Construction
costs went up, delays mounted, financial conditions changed.
Some less-experienced developers, like their buyers, simply
overextended themselves. Others have proved, to varying
degrees, incompetent or unscrupulous.
While all
of that was going on, the market nearly died, spawning lots
of secondary markets for condo unit auctions and vulture
buyers. For many people who took chances on can’t-miss
opportunities circa 2004, the narrowing choices included
just simply walking away from their deposits before closing
on a potential financial albatross. That decision can be
painful whether the condo is worth $7 million or $200,000.
“The
experience most people have is one of frustration,” says
Resnick. “That it’s taking so long, they’re not getting
answers and the only time they hear from the developer is
with a letter telling them the day of reckoning is at hand.”
Apparently,
Resnick tells me, there are a lot of laws on the books
designed to protect new condo buyers, but few know about
them. These laws give the buyer some room to cancel a
contract, or get a deposit back, or renegotiate the price.
Reasons could include if the buyer doesn’t close within two
years of signing the contract, or if the developer suckers
the buyer with false/misleading promotional materials or
makes material changes to what was purchased.
“You would
be very surprised how many developers didn’t comply with the
requirements and therefore don’t get those protections,”
Resnick adds. “This can happen on expensive units like the
Apogee to smaller units like the Filling Station Lofts in
the Design District.”
Resnick
says he started getting the occasional call from unhappy
buyers about a year ago. Now he gets four or five calls a
day. “With 70,000 condos supposed to come online, if even 10
percent want to get out, that will be enough to keep
everyone busy,” he reckons. “By next year, every litigation
attorney in town will have a case like this.”
I don’t
know where Resnick finds the time to develop a whole new
line of business. This year, he started and led Miami Beach
Residents to Protect Homeowners Rights, which raised more
than $30,000 for ads supporting Cruz because the group was
afraid Matti Bower would restrict the use of private houses
for commercial parties. Unfortunately for the group, party
people don’t vote and non-hip homeowners irritated by noise
and parking problems do.
The young
attorney is also an owner of Ajax Entertainment, an events
promotion business that does chichi events like Social Miami
at the Sagamore Hotel. He also is chairman of the Friends of
the New World Symphony, a Miami Design Preservation League
board member and neck-deep in a bunch of other cultural
schmooze fests, such as the Art Crowd of the Bass Museum,
and the Green Room Society for the Carnival Center for
Performing Arts, among others.
It turns
out that some of those culture types got just as caught up
in the condo hype as everybody else. Resnick was simply able
to see the business potential in his social circle. “There’s
a lot of overlap between social, cultural and business,” he
admits.
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On the
other side of Miami, far from premium waterfront lots, the
pump and dump housing crisis also has affected people left
out of the boom.
About six
weeks ago, the Miami Worker’s Center (MWC) and Legal
Services of Greater Miami helped tenants of the Liberty City
Apartments complex file suit against their landlords for
allowing slum conditions to persist in their buildings. Tony
Romano, MWC’s organizing director, said that as the housing
crisis has gotten worse, people’s options have disappeared.
“As the
bubble bursts, the people hit the hardest are on the bottom
who can’t afford to own,” he argues. “Lots of working class
and poor folks living in Wynwood, Liberty City, Little Haiti
and Overtown are stuck in these buildings. The slumlords
know people have nowhere to go, so they extract as much as
possible from rents and hold on until they can flip the
building.”
In Overtown,
the ever-feisty Power U activists won what they consider a
small victory in the overall housing battle by securing
modest relocation fees for 32 families kicked out of
apartments slated to become an office building called Logik
Tower (with a second phase of residential condos planned
next door).
There were
47 families in two buildings, but by the time Power U jumped
in, only 32 families were left. After quite a fight, the
group succeeded in getting some money to help residents find
new places to live, but Power U leader Denise Perry says
most will face a financial crisis in a few months.
“These
people were paying $300 to $375 [monthly] rents for years,”
she advises. “In the places they moved to, typically they’re
paying $200 more. We tried to hook them up with all the
programs we could, but unless they get new jobs or pay
raises, it will be a repeated crisis potentially.”
Perry says
the larger problem is that the city of Miami allowed code
violations to persist in the buildings for years and even
allowed the new landlords to collect rents without a proper
license while they worked on getting approvals for the new
office building. Calls to Commissioner Michelle
Spence-Jones’ office by residents went unanswered, which she
claims is evidence of the city’s general disregard for the
poor.
“You know,
Spence-Jones’ new theme for the district is ‘Wake up Miami.
It’s Time to Take Control,’” Perry notes. “I say, ‘Wake up
Miami, it’s time for a new commissioner.’” |