Attention Armchair lawyers (Miami, Miami Beach: condos, appliances, how much)

[joe33141]

I live on Miami Beach, on the north end in a modest 2/1.

I bought my condo two years ago. I negotiated a storage unit with the condo purchase. It is in the contract documents that I signed with the developer. It is a large storage unit that can hold two bicycles and two surf kayaks. It was an important aspect of the purchase.

Yesterday the developer informed me that I needed to move all my belongings from my storage unit because it was not in compliance with the city fire code (the storage unit, not my belongings) and he needed to sealed it to avoid being fined. He said, after I moved everything out we could discuss a "fair market value" for the storage unit and he would compensate me accordingly.

I have not moved anything nor do I plan to. He indicated that he would seal the storage unit with my belongings inside it.

Of the building's six units, the developer owns five. He said the building will be condemned if I don't comply with his wishes. Currently I'm $50k upside down in my mortgage, so I don't really care if the building is condemned.

I looked online and he will be fined $5,000/infraction starting Jan. 24 and $1,000 every day after.

Since I bought the condo with the storage unit, if he now can NOT deliver the storage unit, isn't he in breach of contract?

Additionally, since he's facing fines for every day he is not in compliance, don't I have him over a barrel? Can't I name my price?

He is the condo association president. Is it possible that he can take my storage unit and pay me what he thinks is a fair market value?

Also, doesn't the bank own much of the storage unit? Can I even sell it if I wanted to?

[mbmouse]

Sounds like you need a real lawyer. I bet you could find one who work work on contingency.

[joe33141]

Update:

I talked with a lawyer.

If the developer needs to move my belongings to seal the storage unit to meet the fire code he has to do so at my convenience, under my supervision and to a storage facility of my choosing. And only after we have reached an agreement on the breach of contract issue.

He will be in breach of contract. How much so depends on the exact wording of the contract and how that applies to my situation. Minimum, the developer will have to pay upfront my storage costs for 30 years. He will also get nicked for the inconvenience I will endure by having my storage unit some place other than under my condo. Maximum, this could completely void our deal and he would have to buy the unit back for what he sold it for.

I don't feel sorry for this guy. He has a track record of lying to me and breaking promises. He has not made repairs I requested more than a year ago. He warned me on the phone not to "play hardball," that he could make things uncomfortable for me. He threatened to seal the storage unit with my belongings inside.

I'm a pretty peaceful person, but I'm going to let the lawyers have at him.

[mbmouse]

Sounds like you did the right thing by contacting the lawyer. I hope it works out for the best for you.
Thanks for the up date and please do so again in the future.

[joe33141]

I still haven't heard anything back from the developer. It was a week ago that this all transpired.

I've had one question asked by friends, and that is, why doesn't the fire marshal come after me for the violation?

The reason the fire marshal doesn't come after me is because I don't own the structure, just the space inside it. This isn't uncommon for condos. I own everything from the paint in. I do not own interior or exterior walls. I do own the appliances and the AC and electrical. This is done, I presume, to keep people from making additions/modifications to their units.

The owner of the structure is the Condo Association, which in this case is owned by the developer.

However, even if did own the structure, it is still the developer responsible for completing the project within code compliance. The developer, not the buyer. This is important because, since, as an owner, I am part of the Condo Association, it could be argued, albeit unsuccessfully, that I am partly responsible for whatever repairs are needed to get the storage unit within code compliance.

The person responsible is the person who built it.

[mbmouse]

I would say the person who put the use of the storage unit in the contract then signed it right along with you is the responsible party. Which is the developer.