The Smoking Ban In Condos Movement Lights Up Again

A movement to ban smoking in condos is heating up again. Fort Lauderdale developer, Dennis Eisinger does not allow smoking in the common areas of his buildings nor in the parking garage, balconies or inside the units themselves, according to the Daily Business Review. The movement is spreading South as well… we noticed this week that Biscayne Beach will also be a 100% smoke-free building.
Here is the section of the Biscayne Beach Rules & Regulations that deals with smoking:

Under Mr. Eisinger’s plan, condo developers retain the right to prohibit smoking in the buildings they sell, and existing buildings have an opportunity to decide for themselves to go smoke-free. A 75% condo board agreement would change the building bylaws and deem lighting up a violation. “Smokers are not a protected class,” Mr. Eisinger told the Daily Business Review, referring to the federal Fair Housing Act.
Why This Is An Amazing Idea
To be honest, Biscayne Beach’s choice to prohibit makes a lot of sense. Below all of the units is the restaurant and beach club. I highly doubt the patrons of the restaurant and the beach club members would appreciate being hit with a stray cigarette while they enjoy their fruity drinks by the pool. I certainly wouldn’t.
In addition, every single building manager I have spoken with has complained at one point or another about cigarettes ruining the pool furniture and starting fires on balconies below. In Infinity, there was actually a fire a couple of years back on a balcony when a cigarette butt hit a patio cushion and it burned. I was also hit in the head recently while swimming with my baby in the pool. Thank goodness it was my hair that got singed and not the baby’s. Scary.
Smoking inside the apartments causes its own form of damage. Smoke smell is not a selling feature. I’ve routinely seen tenants and buyers alike dismiss a property because of the smell. Speaking also from the standpoint of a landlord’s representative, the smell is nearly impossible to get out. The apartments always have to be repainted, the air conditioner units deep cleaned and sometimes the flooring and window shades even need to be changed. This cost quickly adds up and exceeds the security deposit that landlords hold. Not a great investment.
Aside from the inconvenience to others, affect on market values and danger of burns, I think the CDC has appropriately made their point and convinced everyone that smoking is hazardous to your health and to the health of those around you.
But Are The Buildings Overstepping Their Power?
Despite the reasons why buildings SHOULD go smoke-free, can the condo association really dictate what people do inside of the properties that they own? Or is that an example of association over-control?
Also, how could it really be enforced? Would there be a cigarette-gestapo to make sure that people follow the rules? I would love to find out who threw that cigarette off the balcony and hit me in the head, but I recognize that I will never know.
What are your thoughts? Should more buildings adopt similar rules, or is Mr. Eisinger’s plan a pie in the sky? Here is a link to his full interview with the Daily Business Review, including a video.
Brickell Key Buildings With Tennis Courts

Yesterday we honored the 2017 Miami Open by taking an in-depth look at all of the new construction buildings coming to the area that will offer tennis courts, but what is out there for those who need to move more quickly? Here are our suggestions for buildings that are already constructed and also have onsite tennis facilities.
Brickell Key has the largest concentration of buildings with tennis courts in the area. For those who don’t know, it is a private island with 11 residential buildings, most of which were built in the 1980’s through the early 2000’s. Given the fact that it is situated behind a guard gate and the large array of family-friendly amenities, the island is very popular for families with young children.
The newest and most luxurious building on the island is Asia. It was built in 2008 and has 123 residences. Some of the amenities include private elevators and fingerprint access. Prices range from around $1 million to the $12.8 million penthouse. Rental prices range from $4,500/month to $12,000/ month.
The most affordable buildings with tennis courts are Brickell Key 1 & Brickell Key 2. Brickell Key 1 was the first building to be constructed on the island in 1982, followed by Brickell Key 2 in 1991. Together, they offer a resort-like feel and share a tennis court. Prices currently start at $220,000 for a studio and average $425/square foot. Rental prices start at $1,750 for 1 bedrooms and $2,500 for 2 bedrooms. Every now and again you can catch a studio for $1,550 or a 3 bedroom for $3,000.
On the south side of the island, next to the Mandarin Oriental Hotel, is Isola Condo. It was built in 1990 with 1 and 2 bedroom plans and has availability ranging from $260,000 – $600,000. Rental prices range from $1,750-$2,800.
Carbonell is located on the northern tip of the island and offers larger floor plans that range in price from $469,000 to $2.35 million. It was built in 2005 and has amazing unobstructed water views from most all of the apartments. Even the apartments facing south have nice water views over the island. Rental prices range from $2,700 for a 1 bedroom that is over 1,000 square feet up to $9,700 for a 2,860 square foot 4 bedroom and amazing wraparound terrace.
If you are interested in courts of all kinds, I would suggest Courts at Brickell Key. They have tennis, racquetball AND squash courts (hence the name). Apartments at Courts range from 863 one bedrooms up to 1,878 three bedrooms. Their prices range from $359,000 to $1.4 million for sales and $2,050/month to $4,900/month for rentals.
On the top of the hill are the Tequesta buildings. The newest is Three Tequesta Point, which also has a tennis court. This building was built in 2001 and also offers larger floor plans. The one bedrooms start at 1,087 square feet and $490,000. The largest unit is a 3,739 square foot 46th floor penthouse that is $3.825 million. Tenants can find opportunities between $2,950/month up to $14,700 for that same 46th floor penthouse.
Something that many people are unaware of is that Two Tequesta Point shares amenities with Three Tequesta Point, so residents of both towers share a tennis court. The apartments in Two Tequesta Point are slightly smaller, but just as beautiful. They range from $400,000 for a 907 square foot 1 bedroom up to $1.95 million for a 2,510 square foot 3 bedroom on the 34th floor. Rentals range from $2,500/month for a 1 bedroom up to $7,250/month for a 3 bedroom. Two Tequesta Point is also in the process of having its lobby renovated, which can be previewed here.
It is important to note that the prices we have discussed are valid for today, March 29, 2017. Since these are resales and rentals, they could change at any moment depending upon the market. If you would like to discuss specific availability, we are always here to help. Tomorrow, we will head back over to the mainland for a tour of Brickell condo buildings that have tennis courts!
Almost 40% of Downtown Miami Residents Have Pets – Strategies for Investors and Tenants

The Downtown Miami DDA (Downtown Development Authority) released its updated demographics study today, and they found that 39% of Downtown Miami households include a pet. This is interesting because so many of the developments impose strict pet policies upon their residents. Some only allow certain sizes of pets, some only cats, some only allow pets for unit owners and some say no pets at all.
This is always a touchy subject when we are working with a client who has a pet. There is so much misinformation out there regarding which buildings do and do not welcome pets. If a resident gets caught with an unauthorized pet, they are forced with the difficult choice of paying a lease cancellation fee (which is typically the value of 2 months’ rent), or re-homing their beloved pet. Unfortunately, not all agents verify the pet policies before entering into a contract, which wastes time and gets the client all excited about an apartment that they cannot have. No bueno.
I even once had a client who cheated on me with another agent that had told them they could have a large pet in a pet-restricted building. That is completely irresponsible and self-serving of that agent. Thank goodness, the clients realized what would happen if they went forward with that deal. The agent would have been paid and then they would have either had to break their lease or part with their dog. That is a horrible choice to have to make when most people consider their pets as members of the family.
In order to have an authorized pet in the building, many associations require an additional registration and application. The pet’s weight is verified (many times with a report from the veterinarian), their vaccinations are verified and some buildings even take it a step further. Infinity at Brickell requires a DNA sample to be placed on file and in the event that messes are found in the lobby, the mess is sent in for a DNA match. The resident that pops up after the DNA test is issued a fine. I call it Maury Povich enforcement… but it works. If people know they’re going to get busted breaking the rules, they’ll be less likely to do so. This way, the building can continue to allow large pets for everyone.
Over recent years, a popular workaround to the ‘No Pets’ buildings has become all the rage. There are websites where you can claim that you need a therapy dog. They’ll issue you a certificate for a fee and, viola! Your dog can go with you everywhere and nobody can say anything… except the condo associations have started to get wise of this ruse. The Jade at Brickell verifies these Therapy Dog certificates through an attorney. It takes an extra few days during the application process and you don’t get your application fees back if you get caught with a phony form. I don’t recommend the fake therapy dog stunt.
If you are curious of whether a particular building accepts pets, just have a look at the building page on our website. We have verified all of the buildings’ policies and list them in the FAQ section of the website. Every now and again, a building will change their policy in between when we last called to verify, but we update it frequently. Our agents also keep themselves updated of the pet policies and fees for the buildings in the area. We’re all about efficiency and not wasting your time or energy…
So what about investors?
With the rental market changing, it is important to have apartments that appeal to as many people as possible. Purchasing an investment condo for sale in a pet-restricted building automatically crosses out almost 40% of the prospective tenants that could be interested in moving in. Some of my favorite pet-friendly buildings are MarinaBlue and 900 Biscayne Bay in Park West, Infinity at Brickell in Brickell, the Midtown developments in Midtown and One Miami in Downtown.
For investors who are concerned with having animals in your property without knowing the behavior or cleanliness of the pets, it is completely customary to charge a pet deposit for the unit. In many cases, the building has a separate pet deposit or fee, but I suggest a refundable deposit for the unit itself. The amount can vary depending upon the pet. Puppies would require a bit of a larger deposit since they tend to chew and have accidents. You could also lower the deposits in the event that a tenant was able to submit a diploma from obedience school or behavior training.
Whether you are an investor, or if you are buying/renting a home for yourself, if there is a specific building that you are curious about, don’t hesitate to drop us a line and inquire. We’re happy to help.
As The Miami Market ‘Adjusts,’ Downtown Condos Nosedive & Rents Hold Steady

Photo by Bill Dickinson, via Flickr.
After five straight years of property value gains, Downtown Miami condominium resale prices are down 4% so far this year. On the rental side, a just-as-impressive streak of lease inflation in the urban core that began back in 2012 has finally broken. Rents are staying flat these days, and showing some downward pressure, due to piles new apartment inventory churning away in the pipeline and just now coming to market. Both of these market shifts were reported in the mid-year report from the Miami Downtown Development Authority, released this week, and the implications could be big. The greater Downtown area has for years been the center of Miami’s rapid urbanization, seeing huge amounts of growth. It fueled big gains. Well, the gains have finally gone, and Downtown’s performance is a lead indicator for the rest of Miami. The boom has bellowed out.