The Real Deal Miami

St. Regis Bal Harbour PH owner sues over strong odor

Owner alleges the odor was caused by chemicals used in insulation around the building’s pipes
By Keith Larsen | December 05, 2018 04:45PM

St. Regis Bal Harbour Resort (Credit: Wikipedia)

A penthouse owner in the luxurious St. Regis Bal Harbour Resort in Miami Beach says something stinks.

Andre Diamond, also known as Andres Diamontopoulos, a businessman from Montreal, is suing, alleging that he had to vacate his North Tower penthouse after chemicals used in insulation around the building’s pipes caused a “highly nauseating, repulsive, and repugnant odor” to fill his unit.

Diamond filed suit in a Miami-Dade Circuit Court against Marriott International and Seldar Miami Holding, LLC on Tuesday. Marriott International currently manages the property and Seldar Miami Holding, which is a subsidiary of Qatari-based Al Rayyan Tourism Investment Company, owns the condo-hotel. The lawsuit seeks unspecified damages.

Records show Diamond purchased unit 2705N at 9705 Collins Avenue in 2013 for $2.525 million.

Diamond alleges that the strong odor caused his belongings, bedding and clothes to reek. As a result of this odor, Diamond said he suffered eye irritation and burns, headaches, respiratory difficulty, and diminished cognitive capabilities.

He alleges that he complained about this numerous times to St. Regis’s management, but the issue was never fixed.Then on November 10, 2017, the general contractor that previously headed a remediation project at the St. Regis Property inspected Diamond’s condo and said he identified the odor, according to the lawsuit. The contractor allegedly told Diamond that it “was the same exact odor that was remediated in many other units on the St. Regis Property several years back.”

St. Regis managers then acknowledged the problem and Diamond’s unit soon was approved for remediation, according to the suit.

Remediation work was expected to begin on the unit on January 4, but almost a year later, remediation has not commenced, according to the complaint.

Attorney Richard I. Segal, who represents Diamond along with partner Jamie Zuckerman of Segal Zuckerman in Miami, said he didn’t know if other owners are being affected by the same odor because management has not disclosed the issues.

Marriott International and Al Faisal Holding, the parent company Al Rayyan Tourism Investment Company,  did not immediately return requests for comment.
St. Regis Bal Harbour is a condo-hotel project across the street from Bal Harbour Shops. Al Rayyan Tourism Investment Company purchased the five-star resort for $213 million in 2014.