BIG WIN for Preserve Grove Isle and all condo owners

Last night Judge Bronwyn C. Miller issued her very well reasoned 32 page ruling in favor of Grove Isle and all owners.

Preserve Grove Isle was originally formed by Alan Goldfarb, Bob Wilder, and Chuck Kaplanek and Jerome Shaw.  There are many other supporters of PGI who have been helpful in pursuing our legal rights.  After learning of the developer’s attempt to shutter our club on May 1, PGI immediately retained Glen Waldman and Jeff Lam to commence a lawsuit against the developer.

This lawsuit was initiated on April 22, 2015.  A few days subsequent to that the association filed its intervention action to enjoin the shutting of the club.  The temporary injunction that has been in place from May 15-Aug 15 has been extended by the court’s ruling.

A brief summary of the ruling:

  1. The Developer is prohibited from closing or demolishing the existing Club Facilities until valid building permits are issued.
  2. During any possible construction by the Developer, the Developer shall continue to provide Club services and amenities on Grove Isle to the unit owners, as commensurate to existing facilities as is possible, including restaurant facilities and services; tiki bar; pool and a minimum of eight tennis courts. The Developer shall work in good faith to build and complete new Club Facilities in advance of construction of other components of redevelopment in order to minimize or eliminate the timeframe within which permanent Club Facilities are unavailable to unit owners.
  3.  The Developer shall make available to all existing and future unit owners/unit owners the new Club Facilities upon their completion on an equal basis.

In short, the Club, including the restaurant, pool, tiki bar and tennis courts, must remain open on Grove Isle and available to the residents of Grove Isle at all times. No closure or demolition of the current Club can occur prior to the issue of building permits for new development. If such permits are issued, temporary Club facilities or permanent Club facilities must be made available on Grove Isle. New Club facilities must be made available to existing and future unit owners.

All issues pertaining to the zoning aspect will continued to be handled by Tony Recio, of Weiss, Sorotta.  This is a major victory for our entire island and will allow us to continue to enjoy our island paradise.

A copy of the ruling may be downloaded by clicking on the image below.

GROVE ISLE - CASE NO. 15-009106 CA 04

GROVE ISLE – CASE NO. 15-009106 CA 04

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23 thoughts on “BIG WIN for Preserve Grove Isle and all condo owners

  1. Maria Camila P says:

    During the developer’s first presentation, the issue of the club was brought up by residents at which point Avila said: ” you want a club? I’ll give you a club”. He never intended to build one.

    PGI collected signatures ( I believe over 250) from residents opposing any redevelopment. Considering the petition was signed for in our building lobbies by residents who came in and out of the towers for a period of 2 or 3 days, I would say opposition is more than just a handful of “vocal” residents. A good % of owners don’t live here so they did not sign the petition although they vehemently opposed Avila’s projects.

    I wish any future articles would mention how Avila has sent people door to door trying to lobby on his behalf. I would also like to have him quoted on the many things he has said during meetings and during trial. This article does not do enough to show the kind of money hungry selfish person he is. Mr. Avila has shown complete disregard and lack of concern for the residents of the island.

  2. HJT says:

    Fantastic work to the PGI group; in the hope that the constituents not supporting the PGI yesterday, will join the right team today for tomorrow’s further battles. It can work, it worked and it will benefit everyone, as it does today for everyone without exception residing on the island.
    Thank you the PGI
    Henri-James Tieleman

  3. Vivian Hirsch says:

    Absolutely! The PGI made a huge difference. Thanks to you all and congratulations for the big win!

  4. Marilyn Himmel says:

    Amazing! Just returned from vacation and was overjoyed to hear of our victory. Our lawyers are awesome! Wonder if the Club will start getting things into shape again soon???

  5. 75 says:

    THANK YOU. PGI. &. BOARD FOR ALL YOUR HARD WORK

  6. Bonnie Solomon says:

    What a beautiful morning. The PGI group preserved our rights as a community. I am so thankful their dedication to this fight.

  7. Bonnie Solomon says:

    What a wonderful morning ! The success of this ruling was brought about by the PGI group. There determination and foresight as to our rights paved the way to this ruling. It was because of this amazing group of people that the board got involved, and only because of them. The Board of Directors, from my perspective, now realize that the residents have woken up and will make certain they do the right thing for all of us. The PGI group represent the residents interests on many issues including the new assessments. They are the ones questioning the decisions being made by the board, and how to address the needs of our community in a more pragmatic way.

  8. Miami-Dade Circuit Judge Bronwyn Miller made it clear: Residents at Miami’s luxury Grove Isle condominiums have a right to continued…
    Samantha Joseph, Daily Business Review:
    Read more: http://www.dailybusinessreview.com/id=1202734815333/Judge-Grants-Luxury-Condo-Owners-Rights-to-Miami-Club#ixzz3isEzkXjl

  9. Grove Isle destroyed Fair Isle, where I fished often as a kid. We knew that nice bridge meant something terrible was coming.

    • Irene says:

      Dickey I understand how you feel but change is difficult and the only constant is change. What we don’t want is to destroy what does exist and not to make the area into a Brickell Condo Canyon.
      Irene Warner (another Gables High Alum) 😉

  10. Fernando says:

    Congratulations.

    What a difference this new Board of Directors and a few concerned residents (PGI) have made. We cannot thank you enough.

    Thanks to all the residents who showed up at the hearings and those who have contributed and or volunteered from their own time and money to achieve these results.

    I agree with Harry, imagine what 500+ residents/neighbors can do if we stick and work together in order to save our Island, home, lifestyle and property values. This is the time to consider helping for all the work that still lies ahead.

    • Irene says:

      I believe that PGI paved the way for the BOD to act on behalf of all GI residents and what changes have occurred on the Board is hopefully just the beginning of even better oversight for the benefit of our island and for every resident.

      • susan says:

        Irene, you are şo right that PGi was driving force behind this. We have to continue to maintain the support of the residents and keep the pressure on the BOD to support PGI as well.

  11. PLEASE CORRECT THE SPELLING OF “ISLE” AND “TEAM” . I GOT SO EXCITED THAT I TYPED TOO FAST.

  12. SHEILA GOODMAN says:

    WHAT A GREAT WIN FOR GROVE ISXLE…THANKS SO MUCH TO OUR LEGAL TEAM, PRESERVE ISLE TEA,M AND THE BOARD OF DIRECTORS. I AM GOING TO THE CLUB TONITE TO CELEBRATE!!!! SHEILA G.

  13. Irene says:

    Thank you PGI for your leadership and dedication.

  14. Alberto Garda says:

    well done and I hope that not new development will happen, because it will change the comprehensive or harmonic look of the beautiful Island we live

    Thank you for the effort and be prepared to continue fighting for our rights

  15. Maria Osorno says:

    Well done!! Thank you!!

    Maria Victoria Osorno

    Enviado desde mi iPhone

    > El 14/08/2015, a las 11:48 a.m., Grove Isle escribió: > > >

  16. Mal Feinswog says:

    Great job by all! Thank you!

  17. Harry N says:

    THIS IS AWESOME NEWS!!!!!

    GREAT JOB BOARD OF DIRECTORS AND PRESERVE GROVE ISLE.

    WE ALL NEED TO GET MORE INVOLVED. FOR THOSE RESIDENTS WHO ARE STILL SITTING ON THE FENCE, THIS SHOULD BE THE WAKE UP CALL TO START GETTING INVOLVED. THIS SHOWS HOW THE EFFORTS OF A FEW CAN MAKE A HUGE DIFFERENCE.

    GREAT LEGAL REPRESENTATION.

    THANK YOU SO MUCH

  18. Bob Denholtz says:

    WOW…………..great win and thank you to the PGI team for your commitment. I am a supporter of having the PGI team get involved with the rest of our issues.

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