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| Miami Herald |
1420 Pennsylvania Avenue, a rental condominium in Miami Beach. One of hundreds of Miami Beach's troubled condominiums. According to records we've obtained this condo board attempted to hire the attorney who formally was hired by the Castle Beach condo board in a negligence complaint. Update 2016: Verify floor certification 303 Verify 40/50 Year Certification using one unit (303) No mention of 50 Year Certification/Verify one 1 of 30 units inspected.
410 / Harrasment / Alterations / Bogus Flooring Permits / No Review Permits / Condo Alterations / Legal Fees / Federal Trade Commission / Billions
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| Realtor.com/MLS |
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| Owner of public record for alterations. |
Police Department Called Criminal Enterprise
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| A version of this article appears in print on July 1, 1984 |
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| Local10 News 2021 |
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| YouTube Head Stomp MBPD 2020 |
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(OWNER, LESSEE, OCCUPANT OF THE PROPERTY)
FSS 810.08, 810.09
Petition For Arbitration Sample Costs to Remove Unapproved Improperly Installed Hard Surface Flooring In A Florida Condominium
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Atlantic Cloisters Association, Inc., Petitioner, v. Fee Case No. 2004-02-0460 Rel. Case No. 2003-05-7612 Kimberly Courteau, Respondent. / FINAL ORDER ON MOTION FOR ATTORNEY’S FEES AND COSTS Comes now, the undersigned arbitrator, and issues this final order as follows: On March 29, 2004, Atlantic Cloisters Association, Inc. (petitioner/association) filed a motion for attorney’s fees and costs, seeking an award of $16,409.50 in attorney’s fees and $1,230.00 in costs, totaling $17,639.50. The fees and costs were incurred in arbitration case number 2003-05-7612, in which a summary final order was entered on March 4, 2004, requiring the respondent to remove the hard surface flooring installed in the bedrooms of her unit and to comply with section 7.7 of the association’s declaration of condominium in the future. On April 5, 2004, the arbitrator entered an order permitting the respondent to file a response to the association’s motion for attorney’s fees and cost. The respondent filed a response on April 27, 2004, arguing that the association substantially delayed the proceedings and ignored the respondent’s communications which sought to resolve the matter and that the association president and board acted illegally, improperly and/or negligently in pursuing this matter. However, as these
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arguments relate to the merits of the underlying case, they are not defenses to the fee issue at hand. The respondent further argues that if the petitioner is entitled to an award of attorney’s fees in this matter, such fees should be substantially reduced. Pursuant to section 718.1255(4)(k), Florida Statutes, the prevailing party in an arbitration proceeding shall be awarded the costs of the arbitration and reasonable attorney’s fees in an amount determined by the arbitrator. A party is a “prevailing party” if it succeeds on a significant issue in the arbitration and achieves some of the benefit sought in bringing the action. See Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 809 (Fla. 1992) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). As the respondent was ordered to remove the hard surface flooring installed in the bedrooms of her condominium unit, the association achieved the benefit it sought in initiating this case and is the prevailing party entitled to an award of attorney’s fees and costs, subject to the limitations set forth below. The next issue to determine is the reasonableness of the attorney’s fees and costs claimed by the petitioner. In Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985), the Supreme Court adopted the federal lodestar approach as the foundation for setting reasonable fee awards. This approach requires the trial court to determine a ‘lodestar figure’ by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate for the service of the prevailing party’s attorney. Fashion Tile & Marble v. Alpha One Construction, 532 So. 2d 1306 (Fla. 2d DCA 1988). In undertaking this analysis, the reasonableness of the hourly rate and the number of hours reasonably expended must be separately considered. See Rowe, 472 So. 2d at 1150-51. John M. Siracusa, Esquire, charged the association $185.00 per hour for legal
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services rendered. Mr. Siracusa has been licensed to practice law in the State of Florida since 1998 and has experience in condominium law. The requested rate does not exceed the amount customarily awarded for representation in similar arbitration proceedings by attorneys with similar experience. Thus, the association will be compensated at the rate of $185.00 per hour for counsel’s legal services The association seeks to recover 88.70 hours for activities performed by counsel, totaling $16,409.50. While the subject matter of the disputed issue is of average complexity and numerous pleadings were submitted by both parties, the requested hours are excessive, especially considering that the case was disposed of without the necessity of a final hearing. Accordingly, the award of prevailing party attorney’s fees will be reduced appropriately. Including the association’s petition for arbitration and its motion for attorney’s fees and costs, the petitioner submitted no more than 11 pleadings in this case. Based on the foregoing, the arbitrator finds that an award of 45.00 hours for research and preparation of the pleadings submitted in this case is reasonable, plus 5.00 hours for correspondence and telephone calls related to this action. Thus, the association will be awarded 50.00 hours for legal services rendered in this proceeding, totaling $9,250.00. Additionally, the association requests compensation for $50.00 for the arbitration filing fee and $1,180.00 for expert sound testing of the flooring installed in the respondent’s condominium unit. The arbitration filing fee and the cost of expert testing are reasonable costs and both are awarded. It is therefore ORDERED: 1. The motion for attorney’s fees and costs is GRANTED, in part. 2. Within thirty (30) days of the date of entry of this order, Kimberly Courteau
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(respondent) shall pay the sum of $10,480.00 to Atlantic Cloisters Association, Inc. (respondent). DONE AND ORDERED this 30th day of July 2004, at Tallahassee, Leon County, Florida. _________________________________ Melissa Mnookin, Arbitrator Department of Business and Professional Regulation Arbitration Section Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1029 Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 30th day of July 2004: John M. Siracusa, Esq. Becker & Poliakoff, P.A. 500 Australian Avenue South Ninth Floor West Palm Beach, Florida 33401 Kimberly Courteau 1299 South Ocean Boulevard Apt. T-6 Boca Raton, Florida 33432 ________________________________ Melissa Mnookin, Arbitrator Right to Appeal As provided by section 718.1255, F.S., this final order may be appealed by filing a petition for trial de novo with a court of competent jurisdiction in the circuit
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in which the condominium is located, within 30 days of the entry and mailing of this final order. This order does not constitute final agency action and is not appealable to the district courts of appeal. If this final order is not timely appealed, it will become binding on the parties and may be enforced in the courts.
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Ethics INQ 10- 129 Commisssioner Gongora / Penn Manor Hired a Lawyer
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| Sun Sentinel Article |
2021 Listing Photo For 307 / Board Inspections / Mangement Inspections / Nuisance Floors / Plumbing Inspections
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| 2021 Listing Photo For 307 Source: MLS Zillow |
402 / Exterior / Floor Permit Inspections
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| Unit 402 MLS Miami. |
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| BC2116981 Building - Commercial - Flooring | (BC2116981)Will be replacing the floors in my apartment. |
(BC2116981)Will be replacing the floors in my apartment. Right now I have Pergo in my kitchen and carpeting in the living room and bedroom. (No Bathroom & No Balcony)
Valuation: $5,000
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BOA2110909 |
BC2116981
Building - Sound Proofing/underlayment/coating Inspection Reinspection: NO
Building - Building Final Inspection Reinspection: NO
Type: Location Address
1420 PENNSYLVANIA AVE 402 , Miami Beach, FL, 33139-4044, USA
303 / Kitchen Relocated / Hard Surface Flooring / Bedroom Under Kitchen / 403
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| 2021 Realtor.com Listing for 303. |
Penn Manor 50-Year Certification Follow Up Notes from Building Department
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| Electrical Correction has been completed submitted by Sonia Conserva, but structural report corrections have not been addressed yet. Mrs. Consrva (sic) was given a copy of the documents for corrective action. |
Penn Manor Recertification Dates 40 +10 Year
City Records: Opened 08/12/2015
Closed: 05/20/2019
Description: RECERTIFICATION OF BUILDING 40 YEAR OLD- MIAMI DADE COUNTY CODE
Ordinance Section 8-11(f). (Building Recertification)
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| Penn Manor 2021 Street View Balcony Condition |
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| 2018 Street View |
Balcony Cracks Miami Condominiums/ Sample Engineering Report
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| Champlain Towers Structural Field Report 2018 | . | [Sample Purpose] |
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| Balcony covering in Penn Manor. |
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| Condensation Drains, Balcony Edge Detail Penn Manor |
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| Balcony Carpet Penn Manor |
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| Balcony Carpeting Dangerous Trapped Moisture Ruins Steel 1991 Article | South Florida Sun Sentinel |
"A CONCRETE PROBLEM
Experts advise against carpeting elevated balconies. Carpet traps salt and moisture, which corrode steel reinforcing bars inside the balconies. This can break up the concrete and eat away the steel supports. Here are a few tips if you have a carpeted balcony:
--REMOVE the carpet.
--INSPECT the balcony for signs of cracking or crumbling.
--CONSIDER inspecting the balcony from a neighbor's balcony below, again looking for signs of decay.
--CALL your building manager at the first indication of a problem.
--MAKE SURE a qualified engineer inspects the damage.
--If you have a ground-floor patio, don't worry. Carpeting it is OK.
SOURCES: Pompano Beach assistant building official; Hi-Rise Repair Corp"
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