• Tackling Transportation: New Chief Takes Driver's Seat for City
• Beethoven Concert Hall Opening March 26
• President’s Column: A Bundle of Sticks
• Farmers Market Comes to Downtown Miami
• West Brickell Development & What's Needed
• The Atlantis Looks to its History for Renovations
• Letters from Neighbors
• State Looks to “Reform” Condo Laws
• NET Office Contacts
• Development in Brickell and Downtown: Projects Update

One of the big elements of the area’s master transportation plan that was promised to residents a couple of years back is the conversion of one-way streets to two-way. Many concur this could significantly alleviate many traffic flow problems, especially around Brickell Avenue, South Miami Avenue and SE 7th and 8th Streets.

Changing streets to two-way traffic requires signalization modeling to determine if it’s feasible or practical, Ms. Conway said. Another consideration is where the downtown parking garages’ entrances fall between blocks, which could pose access problems.

Apparently there are still many viability issues to address, which, of course, sounds like more discussion and little action to residents who have been hearing about possible “solutions” and reading about the latest studies in this publication for years. In fact, while traffic and transportation has been the headline article for the past three issues of BHA News, very little has actually been done in terms of physical improvements. And now we’re in an assessment period again.

But, Ms. Conway promised not to drag out this phase:
“The way we’re going to approach all these problems is with the minimal assessment that we can do, identify the most critical needs and how to most quickly address them. The things we can address most quickly, we’re going to do first.”

BHA has asked for a status update on its Brickell Streetscape plan, which was approved by the City of Miami Commission for funding, but which has been stalled since last spring.

The Association has also asked Ms. Conway to re-examine the design guidelines for West Brickell as set forth in the comprehensive study and plan HOK completed for the City two years ago. Developers have adopted the recommendations, led by Constructa US, developers of Mary Brickell Village, but the City has lagged in addressing its part of the plan.

“For the amenities to be successful, the City must make critical infrastructure improvements,” BHA President Tory Jacobs said. “Making the streets more pedestrian friendly, for example, is critical for the success of the new restaurants, shops and stores.”

Ms. Conway said that the City’s Transportation Department is working with FDOT and County officials but “the City is in the driver’s seat to try to fast-track the progress.” With input from BHA, Ms. Conway has promised to examine the needs of residential and commercial Brickell, “block by block.”

Please send your traffic-related concerns and comments to BHA Communications Director Natalie Brown so that the BHA can be sure they’re considered as the City formulates its traffic plans.

The Beethoven Miami-Dade Society will host a “soft opening” of the Beethoven Concert Hall at The First Presbyterian Church of Miami, 609 Brickell Avenue on Friday, March 26, 6:00 p.m. While the opening of the hall is a joyous event, the date coincides with the 177th anniversary of Ludwig Van Beethoven’s death in 1827. His funeral was attended by more than 20,000 people at the Währing Cemetery in Vienna.

In his memory, a solemn reading of “Beethoven's Funeral Oration” will be given by the Rev. V. Neil Wyrick, Minister, First Presbyterian Church of Miami and an internationally known actor. He will be accompanied by Mr. David Brodie, Master Church Organist. The program will include the Church soloist, the tenor Bruce Hill; the mezzo-soprano Alessandra Piccione; the classical guitarist Fabio Zini; and a string trio from the Alhambra Orchestra, Miami's Community Orchestra. Refreshments will be served.

An Official Dedication Ceremony of this new Beethoven Concert Hall is planned for late May. This is the third project for the Beethoven Miami-Dade Society in the Brickell area, joining the Beethoven's 9th Symphony Street, and the Beethoven Promenade at the Brickell Metrorail Station.
All neighbors are invited to this free celebration. Please RSVP beethovenmiami@yahoo.com.

President’s Column By T. Sinclair (Tory) Jacobs
Ancient Wisdom Resonates in Modern Times

As we approach BHA’s 15th year and reflect on from whence the association has come, a well-known fable comes to mind:

An old man on the point of death summoned his sons around him to give them some parting advice. He ordered his servants to bring in a bundle of sticks, and said to his eldest son: "Break it." The son strained and strained, but with all his efforts was unable to break the bundle. The other sons also tried, but none of them was successful. "Untie the bundle," said the father, "and each of you take a stick." When they had done so, he called out to them: "Now, break," and each stick was easily broken. "You see my meaning," said their father.

BHA did not originate the concept of “union gives strength.” Aesop was espousing it in the 6th Century BC. In fact, even the United States adopted the notion in 1776.

This proven concept is working for BHA, now 31 condominium members and 17 associate members strong. There is a lot that we wouldn't have in the neighborhood and a lot that we do have, all thanks to the work and strength of BHA and the volunteers involved.

On a larger scale, BHA’s model has spawned several very active groups that collectively are making a significant difference in the City. It is fair to say that without the support of this coalition of homeowner associations to our north, south and west, the City may well not have the current leadership that we’re confident is bringing our municipality to new heights.

As you read through this issue of BHA News – with updates on many issues BHA has been tackling for years – we wonder if you might consider your role in the formula for strength. Let us hear your thoughts by completing the BHA Survey. Take just one stick to help keep your neighborhood strong.

Neighbors who have not already ventured Downtown for the Famers Market are in for a fresh treat on Saturdays, from 8 a.m. to 2 p.m. This new market which began in late January specializes in local fruit, vegetables, produce, flowers, plants and natural “green” products that range from beeswax soap to specialty sauces. The market’s location, directly adjacent to the Miami Avenue Metrorail Station, allows Brickell residents direct access to the market without the hassle of parking. Retailers located in the surrounding blocks (Burdines-Macy’s, Walgreens, Starbucks, Metro Beauty Center and Jean Claude Biguine Salon) are open for business and offer “quality shopping experience that meet the needs of a weekly shopper,” Robert Geitner of the Downtown Miami Partnership said.

“With a great location, entertainment, changing vendors, Brickell and Omni residents are walking or using Metromover to enjoy the weekly urban experience,” he said.

On Sat., Mar. 27, along with the Market neighbors can enjoy the annual Antique Car Rally with vehicles dating back to 1904 lining Flagler Street.

The Downtown Miami Farmers Market is produced by Downtown Miami Partnership with funding and staff support from the Downtown Development Authority. The Miami Parking Authority supports the Farmers market with free parking for vendors and a $3.50 all-day rate in Garage #2 (90 SW 1st Street) for shoppers. The City of Miami Police Department assists with public safety services and traffic control, helping to create a new neighborhood experience in the heart of Downtown Miami. The Downtown Miami Farmers Market is held every Saturday on South Miami Avenue at Flagler Street, the historic heart of Downtown Miami. For more information call 305-379-7070 or visit www.DowntownMiamiFarmersMarket.com

Developers, restaurateurs and BHA came together for a community forum in December focused on West Brickell and the status of projects that residents have been anxiously awaiting for years. Sponsored by the Sun Post newspapers, the panel included both existing businesses as well as those preparing to come into the neighborhood.

George Geibel of Constructa US, developers of Mary Brickell Village, said the new mix of business will make what’s dubbed an “urban lifestyle center.”

“The success of urban lifestyle centers rely on having a balanced tenant mix.” This means that both the mid- to high-end retailers, as well as the shops that one looks to for everyday needs, like a shoe cobbler, dry cleaners and other conveniences are part of the mix.

“People gravitate to a place of comfort. You eventually want to socialize with neighbors, get a gallon of milk,” Mr. Geibel said. “It’s smaller retailers who develop relationships with residents.”

Steven Perricone of Perricone’s Market, one of the longest and most successful establishments in the newest era of the neighborhood, described the area as “a neighborhood within Brickell…like Soho [in New York City] was before it become big.”

But traffic problems, Mr. Perricone cautioned, have to be addressed and overcome, otherwise people “give up out of frustration.”

Alan Ojeda of the Rilea Group which is building Park Place at Brickell explained the how the residences that are being developed as part of this urban life center are designed differently.

“We’re building buildings integrated with pedestrians…so the building is part of the pedestrian experience,” Mr. Ojeda said. “These residences are different from the isolated, private buildings between 15th and 25th Roads.” Street level shops, cafes and welcoming facades are part of the west Brickell mix.

Pedestrian access and comfort; adequate parking and effective traffic routing; and entertainment, at both the sidewalk level and at nights and on weekends. are other elements critical for the success of west Brickell, panelists agreed.

Despite the many infrastructure and master planning needs, panelists seemed optimistic that with the help of City of Miami administrators and planners, the vision for West Brickell is attainable, and that progress is being made on getting there.

When one thinks about historic Brickell Avenue, usually the Roaring ‘20s image comes to mind of “Millionaire’s Row” mansions lining Biscayne Bay serving as the homes of Miami’s founding and famous families. While this history – and nearly all remnants of it – has been replaced by today’s corridor of luxury high-rises, at least one condominium property on Brickell Avenue represents a new history of sorts, and one that is worth preserving.

It’s happening at The Atlantis, 2025 Brickell Avenue, the post-modernist building with the unusual hole in the middle. Most often "etched in memory as the freeze frame at the end of the opening sequence of Miami Vice," as described by architecture critic Beth Dunlop, The Atlantis has been seen the world over since its 1982 birth in a few hundred publications and by millions of television viewers. Designed by Arquitectonica, described as "a brash, young Miami firm" by Time magazine at the time, The Atlantis not only made history, it has come to represent a new significant era in Brickell Avenue – and architectural – history.

“While its decorative devices are a bold statement in their own right, collectively they form a unified and cohesive whole, each one balancing the other in a delicate relationship of volume, color and form,” said Bryan Hoffman, a photographer by profession and an architecture and Atlantis devotee by avocation. “Its whimsical design and bold colors quintessentially defined the universal perception of Miami in the latter part of the Twentieth Century and made The Atlantis the darling building of early post-modernism.”

The condo association’s management and volunteer leadership recognized the building’s importance in Miami’s architectural history, not to mention the necessity of addressing a long list of deferred maintenance issues and areas needing upgrading. They set out a plan for a $2 million restoration and improvement program, which owners in the 96-unit building embraced despite the high assessments necessary to fund the program.

Work involves concrete restoration; improvements to the garage, air conditioning system, fire alarm and fire sprinkler systems; and painting, carpet and furniture restoration to the original materials and colors. A new, state-of-the-art security system has just been completed which includes cameras throughout the property as well as an electronic key system that controls and tracks entry to the lobby, elevators, gym, racquetball court, skycourt (hole in the middle), and pool bathrooms. Even the palm tree in the skycourt is being replaced.

Mr. Hoffman – who lived in The Atlantis, thought he was going to relocate out of state, sold his unit but didn’t move afterall – resides in Coconut Grove and advocates full preservation efforts for the building and covenants that will preserve its original design in the future. The board of directors would need to pass such preservation covenants.

“Anything other than precise restoration using the exact colors, materials, and intent would genuinely destroy the fabric of the Atlantis as it was so celebrated,” he wrote to the Board. “We are in a position to easily recreate her glory. Diligent research, dedication and sensitivity will reward us, future generations, and the global architectural community innumerably.”

In the meantime, work is getting underway and residents are anxiously awaiting a beautiful new “old” building. The Atlantis will continue to patiently pose for pictures, standing as an icon for tourists and residents who will admire the sassy structure and wonder about that hole for decades to come.

Special thanks to Kara Nordstrom and Lyn Panonne of The Atllantis Board for their assistance with this article.

Just Interesting...

• The “hole” from the middle of The Atlantis is lying on the south side of the building…it’s the gym, exactly the dimensions of the four-story piece carved out of the middle. Along with the palm tree and red spiral staircase in the hole, a.k.a. “the skycourt,” there’s a hot tub.
• The Atlantis was the site of the Tiffany mansion at the turn of the century, and the guesthouse is still on site in the southeast corner of the property next to the pool. It, unfortunately hasn’t been preserved in its original form, and is used today as a community room.

Gone to the Dogs?

A few comments have come into the BHA offices recently about the courtesy, or lack thereof, of dog owners who are not properly cleaning up after their pets.

Dear BHA,

I have just moved to Brickell Avenue. Firstly I was surprised (and happy) to see many dogs walking on Brickell being a dog owner myself. However I was soon disgusted and appalled to see that “Nobody” (except me it would seem) picks up after their dogs. In fact a couple of people said that they were somewhat embarrassed when they saw that I had picked-up and that they did not. They felt though that as long as their dog was not doing it on the actual sidewalk but did it on the grass area either side of the sidewalk then that was OKAY! I am surprised that Brickell has not taken the same stance that Aventura has and added the Dog Bins and bags along the street. I am sure everyone is aware of the health hazard that this can cause to their pets and children.

Is there anything planned in the near future to correct this unsightly and unhealthy situation?

–Gillian Frankum, The Imperial

Dear BHA,

I realize that you deal with very important issues related to our life here on Brickell Avenue. However, as you walk around Brickell and Miami Avenues surveying the traffic flows and damaged sidewalks, have you inadvertently stepped on one of the many piles of droppings left by man's best friend? If you have not had to wipe off your shoes on the edge of one of those cracked sidewalks, then you are one of the few who has not had the "luck" to do so.

Although I love living on Brickell Avenue, I will not walk on this lovely Avenue because it has been overtaken by the dogs--- the ones that bark, sniff and s_ _ _! All over the sidewalks and grassy areas you will find (and step upon) their nasty poop – piles and piles of if! Once in a great while one will observe an environmentally concerned owner carrying a plastic bag or scooper, but this sighting is rare. What if we invite everyone who owns a pet (cats, birds, iguanas, etc.) and lives on Brickell Avenue to dump their stuff on the street the way dog owners are allowed to do? ... I can assure you, there will be many Brickell home owners "impelled on to the Avenue" for this issue.

–N. Seda, Brickell Avenue Homeowner

A. While there is a pooper-scooper ordinance on the books, the police seldom enforce it, as a matter of priorities and force levels. The police and our elected officials feel that education should prove more effective over time. We also hope that the sidewalk and pedestrian streetscape improvements planned will encourage dog walkers to be more sanitary.

Sense of Community Needed

Mr. David Bigio of Brickell Place II writes:

The noise from Brickell Ave is loud. There is no sense of community that I can perceive. Changes? Brickell Avenue gets repaved to reduce the noise from cars and perhaps take a very drastic measure of putting something on the road that forces drivers to slow down. Topics Wanted in the BHA News? Events that encourage neighbors to meet with each other and create a stronger community.

A. At your suggestion, in this issue of BHA News we have featured a number of events in the neighborhood that are designed to bring folks together. There’s the Antique Car Rally on Flagler Street, the Beethoven concert at First Presbyterian Church and a new Farmers Market put together by the Downtown Miami Partnership every Saturday through May. The success of these and similar events is dependent on neighbors coming out to enjoy and support them. We hope to see you there! As more amenities are added to the area, we expect even more social options for neighbors.

The following article discusses homeowners associations and is relevant only to those associations requiring obligatory membership and that have lien powers. The proposed changes would not apply to those that are voluntary associations, like BHA, where neighbors have come together to protect and enhance the quality of life of their neighborhood and have no enforcement powers.

As many of you are aware, the Florida House Committee on Condominium Association Governance has held hearings throughout the state on amending the Condominium and Cooperative Acts and F.S. 720 (Homeowners Associations). During the hearings, legislators listened to many recommendations, some of which result from the emotional distress experienced in dealing with association boards of directors, problem unit owners, the Florida Division of Land Sales, Condominiums and Mobile Homes (DFLSCMH) and the courts. Additionally, Governor Bush appointed a Homeowners Association Task Force, composed of builders, realtors, consumer advocates and attorneys. The Task Force also met throughout the state, hearing from owners unhappy with their homeowner associations.

There are significant differences between statues governing condominiums/cooperatives and homeowners associations. Condominiums and cooperative pay $4 a unit to the Land Sales, Condominiums and Mobile Homes Trust Fund. These monies are used, in part, to fund DFLSCMH, which is charged with enforcing the Condominium and Cooperative Acts. The Condominium and Cooperative Acts provide detailed requirements for budgeting, year-end accounting, election of board members, and resolving disputes. Homeowners associations do not pay any fee to the state, nor is there any state agency charged with enforcing the provisions of F.S. 720. In fact, homeowners associations have wide latitude in their operations.

Currently, enforcement of the Condominium and Cooperative Acts, as they pertain to the rights and responsibilities of both associations and unit owners, is the primary responsibility of DFLSCMH. Enforcement of the contractual relationship described in the association documents falls outside the scope of the Condominium and Cooperative Acts, and is the responsibility of the court system upon the initiation of legal action by a unit owner, association or other interested party. Enforcement of both F.S. 720 and homeowner association documents is the responsibility of the court system upon the initiation of legal action by a unit owner, association or other interested party.

The Condominium and Cooperative Acts are already exceptionally complex and cumbersome, and the more complicated the law becomes, the more difficult it is for Boards and unit owners to understand and implement it. Unfortunately, the DFLSCMH resources to adequately perform its mandated duties are inadequate. The large volume of complains, the lack of properly trained staff resulting from low pay scales and high turnover, the depletion of the Condominium Trust Fund by exorbitant administrative costs imposed by state government, has resulted in a dysfunctional system where resolution of complaints can take many months, investigations are inadequately conducted usually by telephone, and decisions are often poorly and unfairly rendered. The system of non-binding arbitration mandated for many violations of the Condominium and Cooperative Acts often has the effect of lengthening the process, and, at times, result in decisions that appear contrary to the Acts themselves.

The major objective of reforms should be to increase the capacity of the regulatory and/or legal system to rapidly, fairly, and inexpensively resolve disputes between unit owners and associations, regardless of whether they are violations of the statutes or of association documents. A secondary objective should be to prevent problems from arising, by promoting education and training, thereby reducing the burden on DFLSCMH and the courts. When we propose changes to the Condominium and/or Cooperative Acts, or any other statute, we ask: how is this going to be enforced? We examine a proposed change and ask: what purpose does it serve? Is this appropriate to put into law? Is it covered, directly or indirectly, elsewhere? Does it address a general problem, or is it specific to a few associations? We suggest any amendments to the Condominium and Cooperative Acts, or to F.S. 720, should address issues, in a balanced manner, from two main perspectives:

1. Unit owner seeking to ensure that his or her rights, as described in the statutes or the association documents, are respected by the association, and

2. Association seeking to achieve compliance of unit owners with their documents, rules and regulations.
In light of this philosophy, Northeast Dade Coalition attorney Jay Beskin, NEDC Executive Director Patricia Rogers-Libert, and I reviewed the Select Committee on Condominium Association Governance Proposals, and presented our comments in our newsletter.

Recommendations

We offer the following recommendations for amendments to the Condominium & Cooperative Acts [for discussion among NEDC members]:

• Abolish the Division’s enforcement powers and responsibilities
• Abolish mandated non-binding arbitration.
• Create special “Association Courts” in each county with specially trained judges and/or magistrates, to adjudicate disputes involving Florida statutes relating to condominiums, cooperatives, homeowner associations, and association documents on a local level. These magistrates need not be attorneys.
• Fund the Association Courts with the portion of the $4.00 per unit fee that is currently allocated to the enforcement functions of the Division, court filing fees and fines. Homeowner associations seeking to use the Association Courts will pay a fee at least equal to that paid by condominiums and cooperative through DFLSCMH and required filing fees.
• Fine associations for violating state statutes based upon the frequency and severity of violations and the number of units in the association. Replace warnings with small fees.
• Waive or reduce fines contingent upon board members attending and passing remedial educational courses approved by the Division.
• Prohibit individuals from serving on association boards who are in arrears on their maintenance payments longer than 60 days.
• Establish a blue ribbon panel of condominium leaders, managers and attorneys throughout the state to make recommendations to simplify the Condominium and Cooperative Acts.
• Include provisions in F.S. 718 and F.S. 719 that eliminate the requirement that associations use admitted carriers and rated insurance companies, and that will permit associations to join together to create their own company to “self-insure” and acquire reinsurance.
• Provide that all land and building owners that lease to cooperatives, condominium or homeowner associations be required after 25 years rental to sell if the shareholders or unit owners make a request at a fair negotiated market value, based upon standards similar to governmental eminent domain.

Reprinted with permission from the “The Communicator” newsletter of the Northeast Dade Coalition, Winter 2004, Vol. 3, Issue 1.

For more information and to access the full set of recommendations being proposed, click here.

The Coral Way NET office has a new Administrator, Haydee Regueyra, who took over the post a few months ago. Prior to coming to this NET office, which serves part of the BHA neighborhood, Ms. Regueyra was the Administrator for the North East Coconut Grove NET. She was in that role since 1999, and has been with the City of Miami for a decade. She has worked with the City Manager, in the Office of Asset Management, in Public Works and the Office of the City Clerk.

Neighbors should contact a NET office for matters of concern in the neighborhood.

• Coral Way NET, Administrator Haydee Regueyra, (305) 859-2701
• Downtown NET, Administrator Eddie Padilla, (305) 579-6007
• Miami PoliceLiaison, Officer Jeffrey Giordano, (305) 542-3632

It’s not news that construction in the Brickell corridor is booming with more than a dozen major projects underway and nearly as many in the planning stages. One only has to drive two and a half miles north along the Brickell Avenue/Biscayne Boulevard corridor from 25th Road to the Miami Arena to see it firsthand.

BHA News featured a rundown of the projects in a 2002 issue, and many readers now regularly request an update. With the enormous assistance of the Downtown Development Authority, the following pages provide the vital statistics, as supplied by developers to DDA, about projects in the Downtown-Brickell area south of Miami River, starting with those under construction followed by those which haven’t yet broke ground.

A remarkable 5,548 residential units (752 rental and 4,796 condo) are currently under construction, along with 300,000 square feet of retail space and the same amount of commercial space. Add to that nearly 10,000 residential units in the planning and permitting stages, 620,000 square feet in retail space and more than one million square feet in commercial space. This is on top of the 4,364 new residential units the DDA reports have been added since 1995, along with 160,000 square feet in retail space, 920,000 square feet in commercial space and nearly 900 hotel rooms. Prior to ‘95, the BHA counted 5,100 units in its membership of 26 condo associations so, if everything gets built that’s planned, the number of residential units in the area will surpass 25,000 units. Definitely booming!

Click here to read details about all the projects.

Past Issues of BHA News