“Setai Miami Beach Bans Unwelcome Hotel Guest From Using Amenities,” The Real Deal

“Setai Miami Beach Bans Unwelcome Hotel Guest From Using Amenities,” The Real Deal

Becker Shareholder Evan BergerWritten by Francisco Alvarado.

The Setai Miami Beach can’t kick out Sarah Lazow, but the luxury condo-hotel’s ownership is making the Los Angeles woman’s stay there an unpleasant one.

Lazow, who currently has a short-term lease for a privately-owned unit in one of the Setai’s upper floors, is banned from the property’s pool, bars, restaurants and from using any of the amenities, according to court documents in an ongoing lawsuit in Miami-Dade Circuit Court.

The hotel portions of the Setai, including the 90-room Art Deco Dempsey Vanderbilt Hotel at 2001 Collins Avenue, and some units in an adjoining 164-unit residential tower at 101 20th Street, are owned by the Nakash family that built the Jordache Jeans fashion empire.

Their company, Setai Hotel Acquisition LLC, wants a judge to determine that the ban against Lazow is legal. But she filed a counterclaim on April 7 asserting the Setai’s owners do not have the authority to prohibit hotel guests from utilizing the property’s common elements.

Her attorney, Evan Berger, said that Setai Hotel Acquisition is selectively enforcing the rules against Lazow. Berger also said the Setai’s condominium declaration gives Setai Hotel Acquisition unlimited control and authority over the property’s common elements in violation of Florida condo association laws.

“The Setai is attempting to do everything possible so she can’t leave her room except when she has to leave the property,” Berger said. “They have towed her car on a number of occasions. And they have security following her around the building. They are constantly calling the police on her when she’s done nothing.”

To read the full article about this pending lawsuit, please click here.

A shareholder with Becker & Poliakoff, Evan Berger is An experienced litigator who regularly represents clients in class action litigation, breach of contract disputes, land use and zoning matters, intellectual property rights, shareholder disputes, and appellate matters. To learn more about Evan, please click here.