Sept. 28, 2017 – Privé at Island Estates, the iconic twin tower residential development on the last developable island in South Florida, announced its second legal victory, ruled by Miami-Dade Circuit Judge William Thomas, on September 20th with granted development access rights through the South Island, Williams Island.
The first victory came on June 5, 2017, when Judge Thomas ruled that the statute of limitations had long expired for the Island Estates Homeowners Association and the Williams Island Property Owners Association to challenge vested rights determination agreement. The victory is celebrated after the associations’ years-long attempt to stop construction of the twin tower development, which is now slated for end of November delivery.
“This ruling is a welcome validation and acknowledgment of our client’s rights for their iconic and nearly completed island project and we are beyond pleased with the unquestionable clarity the Judge has provided,” said Glen Waldmanof Waldman Barnett, the development team’s counsel.
The latest ruling affirmed the unimpeded access rights to the North island, Privé, for a high-rise, multi-family development, and an implied right of necessity for unimpeded access, where the development rights cannot be challenged. Judge Thomas also clarified various South Island matters regarding common area turn over, where he specified the marina is for both islands and invalidated an Access Agreement from 2012, a document that became moot as a result of the implied easement of necessity further affirmed by the judge in the ruling.
“We are grateful the two core issues pertaining to vested development rights and access have finally been adjudicated by the honorable court, further acknowledging our long-standing rights and the position we have maintained throughout the project,” said Privé Developers, LLC principals in a joint statement.
“We are excited to be putting the finishing touches on Privé and look forward to completing the project for our extraordinary international buyer pool, mending fences with our neighbors, and commencing unit closings later this year.”
Judge Thomas also invalidated another agreement that had granted residents of South Island at Island Estates access to over 70,000 square feet of Privé’s amenities, for which they will no longer have access.
Privé broke records for being the first development in Aventura in over 10 years to sell units over $5 million.