The Real Deal Miami

Judge gives homeowners group a 90-day stay in Privé case

Developers wanted to expedite one of two lawsuits challenging Aventura condo project
By Chip Barnett | June 12, 2014 01:30PM

Michael Hyman

A Miami-Dade Circuit Court judge granted a request by a homeowners association to postpone a critical hearing involving the Privé condominium project in Aventura.

The decision turned back efforts from the developers of the 160-unit complex, BH3 Management LLC and an affiliate company of developer Gary Cohen, for an expedited ruling on whether a lawsuit over their development rights should proceed or be terminated. They sought a Thursday hearing on the motion.

The Williams Island Property Owners Association and the Island Estates Homeowners Association separately filed lawsuits challenging the development rights in 2013.

The Williams Island group argued on Monday that the developers should not get their early hearing, since the City of Aventura has not approved a building permit for a sidewalk on the project site. Judge Jerald Bagley agreed, ordering a stay of 90 days, when both sides must report back to the court on the status of the sidewalk permit.

The association’s motion “was based upon the fact that if the city would not issue the sidewalk permit, the matter could be resolved without the necessity of Williams Island proceeding forward with its lawsuit,” Miami attorney Michael Hyman, who represents the Williams Island group, told The Real Deal.

Hyman said the stay would be lifted if the city issues the permit within the 90-day period.

Attorney Susan Rafanello of Coffey Burlington, who represents the Island Estates association, told TRD the group was satisfied with Monday’s ruling.

“The court correctly recognized that the developer’s inability to provide the promised sidewalk on Island Estates will halt the Privé development without further need of the lawsuit or waste of judicial resources,” Raffanello said.

BH3’s Gregory Freedman told TRD that Monday’s order would not stop them from continuing to secure final contracts from unit buyers and performing preliminary site work. The project is 50 percent presold.