The Club at Brickell Bay Faces Fines Over Illegal Hotel
The city has ordered the condo association to stop all short-term rentals after finding the building lacks a hotel permit.
Updated on Oct. 22, 2026 in Apartments
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City inspectors have cited The Club at Brickell Bay condo association for operating an illegal hotel without a valid permit. Roughly 500 of the 643 total units in the 43-story Brickell tower currently function as short-term rentals.
Why it matters
The city identified the unauthorized hotel operation as a significant life safety concern, particularly as units are being subdivided with unpermitted walls to accommodate up to 14 guests. Officials are now mandating that the association cease these short-term rental activities to comply with local code.
The condo association faces potential daily fines of $5,000 if they fail to comply with the city's order to stop rentals under 30 days. These rentals currently operate at a minimum nightly rate of $300 across the tower.
The players
The Club at Brickell Bay
A 43-story residential condominium tower in the Brickell neighborhood currently under city investigation.
Bercow Radell Fernandez Larkin & Tapanes
The law firm representing the condo association board regarding the city's code enforcement action.
The details
Absentee investors serve as hosts or contract property managers to manage nightly bookings, utilizing a reservation system installed by the former board president. Units are being physically altered with unpermitted walls to squeeze up to 14 people into two-bedroom spaces. City investigators found that a 19-year-old Certificate of Use document for the building was forged to maintain these operations.
Timeline
2020: Short-term rental conversions began at the building.
August 4: A visitor died after falling from a 34th-floor balcony.
August 11: Miami officials ordered the end of rentals under 30 days.
October 21: The city mailed a formal code enforcement citation.
December 9: The Code Enforcement Board is tentatively scheduled to hold a hearing.
The Home Front
This enforcement action highlights growing regulatory pressure on residential buildings attempting to bypass municipal hospitality licensing. It follows an increase in local crackdowns on residential properties that effectively function as hotels without the required safety zoning.
If you are a unit owner in this building, consult with a licensed real estate attorney to understand your liability regarding the board's unpermitted hotel operations. You should also request copies of all official city notices to confirm the current standing of your property’s occupancy status.
The takeaway
This case serves as a warning about the risks associated with absentee board management and the importance of verifying building permits before engaging in short-term rental activities. Residents should monitor upcoming city code enforcement hearings to stay informed on the building's compliance status.
What happens next
The Code Enforcement Board is tentatively scheduled to meet on December 9 regarding this citation.
Further reading
For more information on residential building regulations, visit our Apartments section.
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Should local governments strictly ban short-term rentals in residential buildings to ensure community safety?
