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Falling concrete, oil leak: Ritz-Carlton condo owners sue Gencom, Hersha over alleged yearslong neglect

Yearslong neglect of the Ritz-Carlton Tower Residences in Coconut Grove has left the once iconic property in dangerous disrepair, with concrete chunks falling on the street, a new lawsuit says. 

Tower Residences Condominium Association, which represents the owners at the 129-unit building, sued former building owner Hersha Hospitality Trust and the new owner, Miami-based Gencom, arguing they should bear the burden for repairs estimated to cost $30 million to $40 million, Coconut Grove Spotlight reported. Unit owners typically would be responsible for about 70 percent of the cost. 

The association is asking the court to force Gencom to complete the repairs, and for Gencom and Hersha to pay back residents for higher costs, scope of repairs and the loss of property values. The complaint was filed on Friday in Miami-Dade Circuit Court. 

The 21-story building, completed in 2001 at 3400 Southwest 27th Avenue in Miami, is a luxury condominium where units trade for over $1 million. It’s part of a two-building complex that also includes the Ritz-Carlton hotel building, which isn’t a party in the lawsuit. 

A report for the Tower’s 25-year recertification outlined problems including water seepage into balcony slabs and cracks in the stucco, garage roof damage from leaking generator oil and broken post-tension cables, according to the complaint. 

Concrete chunks have fallen from balconies onto the pool deck and street below, forcing managers to close part of the deck and a staircase to protect residents and visitors. In February of last year, the city of Miami issued a violation notice, but problems have since worsened. 

Gencom and Hersha didn’t return the publication’s request for comment. 

At one point, Hersha worked to repair a pair of “test” balconies, but work stalled once deeper problems surfaced, Martin Mann, president of Tower Residences association, told the publication. “We have paid hundreds of thousands of dollars and virtually nothing has been done,” he said.

Unit owners also object to Gencom’s planned eight-story building above the hotel’s ballroom, arguing it violates the property’s master declaration and questioning the zoning code the project relies on. The now-repealed ordinance briefly allowed a “bonus” three-story height for transit-oriented properties. 

The same legislation allowed David Martin’s Terra to develop The Well Coconut Grove as an eight-story building on a site limited to five floors. A group of Groveites has challenged The Well’s extra height, claiming the ordinance was illegally adopted and projects shouldn’t have been allowed to rise taller than permitted on sites’ zoning. 

Lidia Dinkova 

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