The holdouts who beat a developer in court, and lost their building anyway

Edgewater neighborhood towers along Biscayne Bay, Miami — Miami's Edgewater neighborhood (general view, not Biscayne 21). Photo: Averette, CC BY 3.0, via Wikimedia Commons.

"Unit owner Angelica Avila and several other unit owners at the Biscayne 21 Condominium didn't take the money." That's how a Florida appeals court opened its opinion in a case that now serves as a warning to developers buying out older condos. The owners won. The building is coming down anyway.

What the court said

In Avila v. Biscayne 21 Condominium, Inc., No. 3D23-1616, the Third District Court of Appeal described the dispute: "The declaration of condominium required the unanimous assent of all unit owners to terminate the condominium. But the Association, acting on behalf of TRD Biscayne and now the owner of most of the units, didn't take no for an answer. Instead, the Association amended the declaration to change the unanimity requirement in the declaration to the current statutory floor of at least 80% of the unit owners' assent to terminate the condominium."

The court held "that an amendment changing the voting threshold for termination from 100% to 80% impacts the voting rights of the unit owners," and concluded that "the trial court erred." It added that courts cannot "rewrite contracts, or impair contractual obligations because of policy preferences." The result: "Reversed and remanded; question certified." (Revised opinion, July 10, 2025; original opinion decided March 13, 2024.)

Chart comparing the 100 percent termination vote in the declaration with the 80 percent amendment — Chart by the Florida Condo & HOA Brief from the Third District's opinion.

How it ended

According to the Biscayne Times (Erik Bojnansky, Oct. 5, 2026):

A Two Roads Real Estate Group affiliate "spent $150 million in a bulk-buy deal that acquired all but eight residences" by May 2022.
In January 2026, Miami-Dade Circuit Judge Thomas Rebull "declared that the 2022 condo termination of Biscayne 21 was null and void," with restoration estimates of $60 million to $65 million.
"The $50 million settlement, finalized in late August according to multiple media reports," ended the litigation. The Brief has not seen the settlement terms.
The developer plans "a new luxury 55-story tower with 185 residences."

In their words

Two Roads managing partner Taylor Collins told the Biscayne Times: "We are relieved and proud of our team for all the time and effort that went into reaching this agreement." On the building's condition, he said the firm "engaged multiple consultants to thoroughly evaluate the existing building and its systems."

Owners' attorney Glen Waldman told the paper: "They threw people out of their homes, homes where they still had to pay a mortgage even though they were not living there anymore." And: "There is a lot of this going on all over the place."

The Dade County Courthouse in downtown Miami — The Dade County Courthouse, Miami. Photo: Tamanoeconomico, CC BY-SA 4.0, via Wikimedia Commons.

Why it matters to every condo owner

Florida's termination statute (s. 718.117) lets most condos be ended with less than a unanimous vote. This ruling says that where a declaration demands unanimity, a board can't simply amend that away by majority vote. As Waldman cautioned the Biscayne Times, the threshold can still be lowered "if the declaration includes a clause allowing it to be amended." Read your own declaration.

Not legal advice. The settlement amount and the trial court figures are as reported by the Biscayne Times. The Brief has not reviewed the trial court orders or the settlement.