Bogus Ammenities at Casablanca Villas?

Image: Casablanca Villas

Casablanca Villas is a new mid-rise development on Indian Creek and 63rd street on Miami Beach. It doesn’t have beach front access but claims to offer its buyers exclusive access to the ocean and rights to other ocean front amenities via a neighboring building. Take a look:

The above description was taken from this site.

Condoideas.com further elaborates on Casablanca Villas’ supposed amenities:

“The development is located just across the street from the Casablanca Hotel, including beach access, use of an ocean side pool, restaurant, and bar facilities, as well as a business center and gift shop”

Image: Casablanca Condominium on the Beach

This might seem normal except for the fact that the “Casablanca Hotel”across the street is actually a condominium with a rental program. Quite simply,  guaranteeing the use of the common areas and amenities of a neighboring building is extremely difficult because it infringes on the rights of the owners in the neighboring building. Although possible, doing so would require the Association’s ratification and approval of the owners unless specifically provided for in the Association condo docs, which might be the case, but is doubtful.

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12 Comments

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12 responses to “Bogus Ammenities at Casablanca Villas?

  1. Brad

    If those amenities are in fact not avaiable to buyers at Casablanca Villas, I would say that definitely constitutes a “material and adverse change” under the Florida Statutes which would allow buyers to rescind their contracts and get their deposits back. Luckliy the consumer is protected by Florida law in cases such as these, and a buyer (speculator) who doesn’t want to close on the unit needs to use this developer misrepresentation to their advantage by terminating the contract and demanding a return of the deposit. The developer will have little basis to fight such a claim.

  2. I agree. My sources indicate that there has been difficulty selling the units, particularly those facing east. In fact, there was a negotiation between the developer and association across the street regarding the acquisition of a certain amount of parking spaces to alleviate capacity at the Casablanca Condo, but that fell through. CV is unoccupied but when people move in and realize that they aren’t welcome across the street, shit’ll hit the fan.

  3. art

    No access to the gift shop … bummer.

    Gentemen, I was curious about the phrase, “Material and adverse change” would that include a delay in closing. Many pre-con and conversion promise a quick closing, but construction delays inevitably cause the closing to be later than expected. At what point is the closing so delayed as to represent a material and advese change?

  4. You might wanna ask Jared Beck. Presumably it would depend upon what the contract specifies, which typically involves pretty clearly enumerated time frames.

  5. Brad

    Whether a delay in closing is considered “material and adverse” is generally undetermined right now but the courts should decide soon, as there are many pending cases on that issue (the Midtown class action is partially based on delayed completion). It also depends whether the developer did a HUD filing which would make the project exempt from the standard 2-yr completion requirement.

  6. art

    excuse my ignorance, I’m not familiar with HUD filing, is there an easy way to determine whether there is a HUD filing? Are they on-line? Does this two-year requirement apply to condo conversions and new condo construction?

  7. Brad

    https://entp.hud.gov/idapp/html/condlook.cfm

    The info should also be in your Prospectus (condo docs). Only applies to new construction since conversions are already CO’d and completed.

  8. When I was in Casablanca I noticed that Casablanca is an icon of Arabian mystery and ancient beauty crated in luxury. Spread across a massive expanse of land Casablanca is embraced by four adjacent compounds, with villas that offer residents the most modern and comforting amenities that redefine the art of living and capture the next generation in comfort. The designs, colors and landscaping represent attention to detail – personified.

    • ma chi ha detto che era sparito con i soldi? Come vedi si dncoio tante cose. Se credi anche tu che sia sparito con i soldi allora mi dovresti spiegare come mai ha accettato di incontrare alcuni investitori per spiegare loro la situazione. Prova a chiedere un incontro con immoworld per chiedere loro che fine hanno fatto i soldi versati da alcuni investitori sui loro conti per appartamenti che non hanno mai nemmeno visto sulla carta. Quelli si che sono scappati con il malloppo. Su questa operazione ancora per fortuna almeno un interlocutore lo abbiamo ancora e fino a prova contraria l’interlocutore e8 il CEO di El Sery. Ti ricordo che io voglio solo proteggere il mio investimento e non ho nessuna voglia di perdere nemmeno un euro. L’unica maniera per fare cif2 e8 di far ripartire la costruzione.

  9. I don’t know much about the buildings, but I would like to suggest they re-do their landscaping! Palm trees on grass is just so outdated!

  10. Luckily, in my current life, I don’t have to wear the suit/tie combo very often (mostly just wgndides/funerals), but I used to. The worst part is the constriction of the necktie, you can hardly swallow. Also, hard to have much individual style in that sort of outfit, which is the point I guess, everyone looks sort of similar (just look at the photo above), like drones.

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