Miami Herald

Miami’s luxury branded condominiu­ms come with risks

- BY DAVID PODEIN AND MAX HABER David Podein is an equity partner with Haber Law. Max Haber is an associate attorney.

In the world of high-end residentia­l real estate, developers are constantly pushing the boundaries of “luxury,” searching to meet the needs and desires of an ever-growing base of high-net-worth consumers.

From rooftop helipads to private elevator garage systems, there are no limits to the amenities and services South Florida developers offer to woo their ultra-rich clientele.

Recently, a new trend has emerged in this fight to control the 0.1%, branded condominiu­m buildings. As detailed by reporter Rebecca San Juan in her recent Miami Herald article, “First Porsche, now Mercedes,” what started as a trickle is now a wave of branded condominiu­m projects descending upon South Florida’s real estate market. San Juan notes “the (Mercedes-Benz) project comes at a time when demand remains strong for high-rise living in Miami, just slightly cooler than the buying frenzy the city endured during the pandemic.”

Although demand remains high, supply is also trending upwards, as shown in recent data published by the Miami Associatio­n of Realtors. The data states that approximat­ely 7.4 months’ supply of condominiu­m inventory remains available, nearly double the available supply from last year.

This comes at a time when significan­t supply is expected to flood the market with unit owners flocking from older buildings mandated for repairs under Senate Bill 4D and developers completing a slate of new projects scheduled for 2024-2025.

Bentley, Cipriani and now Mercedes-Benz are just some of the luxury names set to grace the new Miami skyline.

Despite a burgeoning reversal in condominiu­m supply and demand trends, the appetite for branded condominiu­ms has only grown. While the allure of purchasing a branded condominiu­m may be tempting, most buyers are not aware that the brand name they have purchased into is merely on lease to the associatio­n, subject to terms and conditions that often leave purchasers with fewer rights than obligation­s.

One of the most significan­t risks associated with these projects is that prospectiv­e buyers mistakenly believe the brand associatio­n is guaranteed for life when, in reality, it is almost always owned by a third party and licensed only for a specified period. If the license does expire, brands may choose not to renew it, effectivel­y stripping the building of its name.

Even during the license term, the governing agreements generally provide brand owners the right to terminate at will or claim a breach of one of the many subjective standards contained therein. These oversight provisions are intended to maintain the brand’s image and reputation but severely limit the associatio­n’s power to manage the condominiu­m according to the residents’ needs.

Mixed-use hotel condominiu­ms across South Florida are foreshadow­ing the inherent conflicts in developmen­t governed by multiple parties, and the results speak for themselves as many projects are already entrenched in litigation between the operators.

Branded condominiu­ms pose an even greater threat because brands have the leverage to dictate required expenses for use of the license but have no obligation to contribute to the inflated budget passed on to ownership.

Lastly, most importantl­y and above all else in Miami, what if what’s in style today simply isn’t tomorrow?

By purchasing within a branded building, residents subject themselves to the ebb and flow of the brand name’s market and consumer sentiments. Not to mention the ever-present risk of being “cancelled.” How might public perception affect your future ability to sell a unit at the Balenciaga Residences or Yeezy Towers?

This price-volatility phenomenon has already been documented to some extent in several Trumpbrand­ed buildings, where the use of the polarizing former president’s name caused significan­t fluctuatio­ns in resale values.

Ultimately, no matter what car, restaurant, store or president has your allegiance, when it comes to buying a condominiu­m, be sure to ask yourself, what’s really in a name?

 ?? The Boundary ?? Mercedes-Benz Places — Miami, pictured above in a rendering, will be JDS Developmen­t’s fifth project in South Florida.
The Boundary Mercedes-Benz Places — Miami, pictured above in a rendering, will be JDS Developmen­t’s fifth project in South Florida.

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