Miami officials have ordered The Club at Brickell Bay to immediately stop unlawful short-term rentals, citing missing or improper licenses and serious fire and life-safety concerns. The directive follows years of complaints from residents about disruptive tourists, overcrowding and alleged misconduct at the 43-story Brickell tower, where most units reportedly operate as vacation rentals.
Key takeaways
- The city says rentals of fewer than 30 days must stop when they violate state or local law.
- Officials cited problems involving the building’s business tax receipt, occupancy approval and certificates of use.
- The tower has 643 units, and residents estimate roughly 85% have become short-term rentals.
- The city is allowing up to 30 rental units to continue under an existing arrangement, although only six are reportedly active today.
City cites licensing and safety violations
Assistant City Manager Barbie Hernandez sent the cease-and-desist order to the condominium association’s officers on Aug. 11. The letter said the property was functioning as a transient lodging establishment without the approvals required for hotel-like operations, including compliance with fire, disability and other life-safety standards.
The city also said it had received repeated complaints and that building staff had turned away inspectors investigating suspected unlawful rentals. Association officials were given 10 days to respond. The city has not detailed publicly how it will enforce the order.
Residents describe years of disruption
Longtime owners say the tower has been overwhelmed by visitors since the pandemic. They report crowded units, unapproved interior subdivisions, late-night parties, damaged common areas, elevator strain and confrontations involving guests. The building became known locally as “Animal House,” a nickname residents say reflects the loss of peace and security in what is supposed to be a residential community.
Some owners also argue that the rental activity has increased insurance, maintenance and utility expenses while depressing the value of homes intended for permanent occupancy.
Disputed approvals and board ties
The city’s action raises questions about two certificates of use associated with the building. One, issued in 2007, identifies residential use, while another, issued in 2011, covers 30 hotel units. Former association officials told the Miami Herald that the hotel units were not approved by the board at the time, and a former homeowner questioned the authenticity of the earlier certificate.
Former board president Karl de Borbon supported short-term rentals and helped establish a hotel-style reservation system. Current and former board members have also been linked to vacation-rental activity, fueling residents’ concerns about conflicts of interest. The association’s current leadership is consulting its attorney and has not publicly explained how it will respond.
Fatal fall adds urgency
The order followed an Aug. 4 death in which a 20-year-old man fell from a 34th-floor balcony while staying in a vacation-rental unit, according to Miami police. The medical examiner had not determined the cause of death when the reports were published. The incident intensified scrutiny of the tower, although officials have not said it directly prompted the city’s action.
For residents, the directive represents a potential turning point after years of complaints. Whether it produces lasting change will depend on the association’s response and the city’s willingness to inspect units and pursue penalties against unlawful operators.
Sources
- Club at Brickell Bay ordered to ‘cease’ illegal Airbnb rentals, Miami Herald.
- City Orders Brickell Condo to Halt Illegal Short-Term Rentals, The Real Deal.