Filing # 173768189 E-Filed 05/24/2023 09:55:30 AM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH
`JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
`COUNTY, FLORIDA
`
`
`
`CASE NO.
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`Plaintiffs,
`
`
`
`
`
`
`
`MORTY J. YASHAR, GAYLE YASHAR,
`HOWARD SCHAPRIO, and ROCHELLE H.
`SCHAPIRO,
`
`
`vs.
`
`FIFTY SIX SIXTY COLLINS AVE.
`CONDOMINIUM, INC., a Florida Corporation,
`JAMES DALTON, both
`individually and
`corporately, ARNOLD GOLDMAN, both
`individually
`and
`corporately, EDWARD
`LIEBERMAN,
`both
`individually
`and
`corporately,
`JORGE ROMANACH, both
`individually
`and
`corporately,
`CRAIG
`SCHAFFER,
`corporately,
`and
`CONSTRUCTION BUSINESS SOLUTIONS,
`INC., a Florida Corporation
`
` Defendants.
`____________________________________/
`
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
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`Plaintiffs, MORTY J. YASHAR, GAYLE YASHAR, HOWARD SCHAPRIO, and
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`
`
`
`
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`ROCHELLE H. SCHAPIRO, sues Defendants FIFTY SIX SIXTY COLLINS AVE.
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`CONDOMINIUM, INC., a Florida Corporation, JAMES DALTON, both individually and
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`corporately, ARNOLD GOLDMAN, both
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`individually and corporately, EDWARD
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`LIEBERMAN, both individually and corporately, JORGE ROMANACH, both individually and
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`corporately, CRAIG SCHAFFER, both individually and corporately, and CONSTRUCTION
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`BUSINESS SOLUTIONS, INC., (“CBS”), a Florida Corporation and allege as follows:
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`PARTIES, JURISDICTION, AND VENUE
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`1.
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`This is an action for injunctive relief and monetary damages in excess of Thirty
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`Thousand Dollars ($30,000.00), exclusive of attorneys' fees, costs, and interest and is within the
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`subject matter jurisdiction of this Court.
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`2.
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`Plaintiff, MORTY J. YASHAR, is an individual unit owner in, and resident of, the
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`condominium located at 5660 Collins Avenue, Miami Beach, FL 33140 (the “Condominium”).
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`3.
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`Plaintiff, GAYLE YASHAR, is an individual unit owner in, and resident of the
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`Condominium.
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`4.
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`Plaintiff, HOWARD SCHAPRIO, is an individual unit owner in, and resident of,
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`the Condominium.
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`5.
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`Plaintiff ROCHELLE H. SCHAPRIO, and together with Howard Schapiro, Morty
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`J. Yashar and Gayle, collectively, the “Plaintiffs”, is an individual unit owner in, and resident of,
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`the Condominium.
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`6.
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`Defendant, FIFTY SIX SIXTY COLLINS AVE. CONDOMINIUM, INC. (the
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`“Collins Association”), is a nonprofit corporation organized under the laws of the State of Florida
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`with a principal place of business in Miami-Dade County, Florida and is the condominium
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`association governing the Condominium.
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`7.
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`Defendant, JAMES DALTON (“Dalton”), is the President of the Collins
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`Association, a member of the Board of Directors of the Collins Association and, at all times
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`material hereto, was and is a resident of Miami-Dade County, Florida and is otherwise sui juris.
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`Dalton is sued in both his corporate and individual capacity.
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`8.
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`Defendant, ARNOLD GOLDMAN (“Goldman”), is the Vice President of the
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`Collins Association, a member of the Board of Directors of the Collins Association and, at all
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`times material hereto, was and is a resident of Miami-Dade County, Florida and is otherwise sui
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`juris. Goldman is sued in both his corporate and individual capacity.
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`9.
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`Defendant, JORGE ROMANACH (“Romanach”), is the Treasurer of the Collins
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`Association, a member of the Board of Directors of the Collins Association and, at all times
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`material hereto, was and is a resident of Miami-Dade County, Florida and is otherwise sui juris.
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`Romanach is sued in both his corporate and individual capacity.
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`10.
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`Defendant, EDWARD LIEBERMAN (“Lieberman”), is the Vice President of the
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`Collins Association, a member of the Board of Directors of the Collins Association, and, at all
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`times material hereto, was and is a resident of Miami-Dade County, Florida and is otherwise sui
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`juris. Lieberman is sued in both his corporate and individual capacity.
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`11.
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`Defendant, CRAIG SCHAFFER (“Schaffer”, together with Dalton, Goldman,
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`Romanach, and Lieberman, the “Board Members”), is a member of the Board of Directors of the
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`Collins Association and, at all times material hereto, was and is a resident of Miami-Dade County,
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`Florida and is otherwise sui juris. Schaffer is sued as a nominal Defendant in his corporate and
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`individual capacity as, upon information and belief, he is opposed to the majority discriminatory
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`actions taken by the Association.
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`12.
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`Defendant, CONSTRUCTION BUSINESS SOLUTIONS, INC. (“CBS”, together
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`with the Collins Association and Board Member, the “Defendants”), is a for profit corporation
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`organized under the laws of the State of Florida with a principal place of business in Miami-Dade
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`County, Florida.
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`13.
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`Venue in this action is proper in Miami-Dade County, Florida pursuant to Section
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`47.011, Florida Statutes, because the causes of action asserted herein accrued in Miami-Dade
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`County, Florida and because the Parties reside in Miami-Dade County, Florida or have a principal
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`place of business in Miami-Dade County, Florida.
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`GENERAL ALLEGATIONS
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`14.
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`At all times relevant to this Complaint, the Collins Association was, and is, a
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`Florida homeowners’ association.
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`15.
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`On May 15, 2023, Plaintiffs were notified by the Collins Association that due to
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`repair/restoration work (the “Work”) taking place at the Condominium the electricity to all units
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`at would be disconnected for a five (5) day period, from approximately 9:00 am to 5:00 pm. The
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`electricity shutdown is purportedly required to safely perform the work
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`16.
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`The Work, upon information and belief, is being performed in conjunction with the
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`pending action of FIFTY SIX SIXTY COLLINS AVENUE CONDOMINIUM INC. VS
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`FLORIDA POWER AND LIGHT COMPANY, Case No. 2022-024023-CA-01 (the “FPL
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`Action”).
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`17.
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`The initial five (5) day period contemplated the Work would be completed on or
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`before May 24, 2023
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`18.
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`Notably, due to delays in completion of the Work the timeframe to complete the
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`Work has now been extended to include May 25, 2023 and May 26, 2023
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`19.
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`On May 17, 2023, two days after being notified of the dates that the shutdown of
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`all electricity to the Condominium’s units would occur, Plaintiffs, through their counsel, informed
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`the Collins Association that these dates coincided with the Jewish holiday of Shavout (sundown
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`May 25 through sundown May 26) and the weekly Sabbath (sundown May 26 through sundown
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`May 27) immediately thereafter and that shutting down the electricity to the Plaintiffs’ units on
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`May 25 and 26, 2023 would preclude the Plaintiffs from properly preparing for Shavout holiday
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`and observing the weekly Sabbath and requested that power not be shut off those days so that the
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`Plaintiffs could properly exercise their religious rights via letter to the Collins Association’s
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`Counsel (the “May 17, 2023 Letter” attached hereto as Exhibit “A”).
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`20.
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`In requesting that the power not be turned off so that they could exercise their
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`closely held religious beliefs, the Plaintiffs fully explained that:
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`Shavuot imposes similar restrictions as the Sabbath on religious Jews, including
`prohibitions on cooking, cleaning, working, and using electricity. Our clients need
`to prepare meals and clean in advance of the holiday. They also rely on timers and
`pre-set appliances to observe these restrictions.
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`By cutting off the power on the mentioned dates, our clients and other observant
`Jewish families in the building will be unable to clean, prepare meals, and make
`necessary preparations for the religious holiday. Moreover, the power interruption
`will reset any timers or mechanisms used to avoid interacting with electricity,
`leaving our clients without essential appliances and utilities and forcing them to
`choose between hardship and violating their religious beliefs.
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`See Ex. A at Pg 1-2.
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`21.
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`The Plaintiffs also notified CBS, the contractor that will be performing the
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`construction on the Condominium of the conflict and the potential hardship that the Plaintiffs
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`would suffer if power was turned off on May 25 and 26, 2023 via letter on May 19, 2023 (the
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`“CBS Letter”, attached hereto as Exhibit “B”).
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`22.
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`In response, a representative of CBS was spoke with Plaintiffs’ counsel and
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`informed them that CBS did not want to interfere with any resident’s religious rights and were
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`more than willing to complete their work on alternative days to avoid shutting off the electricity
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`to the Condominium on May 25 and 26, 2023.
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`23.
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`On May 22, 2023, the electricity to the Condominium’s units was turned off and
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`CBS began construction at the Condominium.
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`24.
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`Later that day, despite CBS being amenable to an accommodation, the Board
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`Members sent an email (the “May 22, 2023 Email”, attached hereto as Exhibit “C”) to the
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`residences of the Condominium, advising therein that the construction work “is a life safety issue”
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`and that the board was “...sorry for any inconvenience but know if this is complete it’s 1/3 of what
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`needs to be done to save us for insurance. This is our hope for the whole building. We must
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`continue through to try and achieve this goal.” See Ex. C.
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`25.
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`Thereafter, despite the alleged “life safety issue” facing the Condominium that
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`precluded the accommodation that CBS was amendable to, at 1:24 p.m. on the afternoon of May
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`22, 2023, the Collins Association informed the Condominium’s residents via text message that
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`FPL had turned the electricity back on early and construction would not resume until the
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`following morning at 9:00 a.m. when the power would once again be shut off.
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`26. Moreover, despite the alleged the supposed “life safety issue”, construction did
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`not take place during the weekend of May 20 and 21, 2023, nor is it scheduled to take place
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`on during the weekend of May 27 and 28, 2023 or on Monday, May 29, 2023, in observance
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`of the Memorial Day Holiday, demonstrating the pretextual nature of the Board Members
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`rationale for its perspective violation of the Plaintiffs’ religious rights and applicable law.
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`27.
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`The Collins Association and the Board Members’ blatant disregard for the
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`Plaintiffs’ religious rights and callous attitude towards the Plaintiffs under a dubious pretense is
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`both unsurprising and fits a pattern of discrimination against the Condominium’s residents of the
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`Jewish faith in light of the Collins Association’s prior dealings with the Plaintiffs.
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`28.
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`Specifically, the Collins Association’s prior arbitrary, capricious, and selective
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`enforcement of supposed Condominium rules and policies against the J. Yashar and his family that
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`precluded them from observing the Jewish holiday of Sukkot in September of 2021 in the same
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`fashion that was permitted for the previous ten (10) years without incident and the Collins
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`Association’s indifference towards the very same type of so called “violations” of Condominium
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`rules and policies in relations to the celebration of non-Jewish holidays by other residents of the
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`Condominium, as evidenced by the October 18, 2021 letter sent to the Collins Association on
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`behalf of Yashar family (the “October 18, 2021 Letter”, attached hereto as Exhibit “D”).
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`29.
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`In fact, counsel for Plaintiff’s spoke with CBS who did not raise any life safety
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`issues and moreover insisted would not work over the Jewish Holiday to respect the religious rights
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`of Plaintiffs and the numerous other observant families in the building only further serves to
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`unequivocally demonstrate
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`30.
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`Thus, given the Collins Association’s and the Board Members’ history of using
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`arbitrary and capricious actions to purposely refusal to allow for the Plaintiffs’ free exercise of
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`their religious rights which has yet again this fabricated arbitrary and capricious ”basis” for such
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`refusal, especially in light of CBS’s agreeability to performing the work on subsequent days and
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`the lack of construction being schedule during non-business hours, weekends, and other holidays
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`Collins Association and the Board Members’ actions are is disparate and discriminatory.
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`31.
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`No party will be prejudiced if the Work is resumed on May 30, 2023 other than
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`Plaintiffs and any other observant Jewish owners at 5660 Collins Avenue, Miami beach, Florida
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`whose holiday will be affected as a result of the foregoing actions of the Association.
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`COUNT I
`(Violation Of Federal Constitutional
`and Florida Statutory Right to
`Free Exercise of Religion)
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`Plaintiffs hereby realleges paragraphs 1 through 30 as if fully set forth herein.
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`Plaintiffs allege that Collins Association and the Board Members’ denial of their
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`
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`32.
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`33.
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`request to allow the Plaintiffs to properly exercise their religious rights by not disconnection the
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`electricity to the Plaintiffs’ units is a violation of their right to the free exercise of their religion
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`guaranteed by the First Amendment of the United States Constitution and Florida Statutes §
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`761.03.
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`34.
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`As the Collins Association and the Board Members’ denial is based on power
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`vested in them via a private association rule, judicial enforcement of the rule/policy brings Collins
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`Association and the Board Members’ conduct within the scope of the Fourteenth Amendment,
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`through which the First Amendment guarantee of free exercise of religion is made applicable to
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`the state of Florida.
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`35.
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`As such, Plaintiffs are protected from the Collins Association and the Board
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`Members’ interference with the free exercise of their religion by prohibiting them from properly
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`preparing for Shavout holiday and observing the weekly Sabbath.
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`WHEREFORE, Plaintiff respectfully requests that the Court enter an order enjoining the
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`Defendants FIFTY SIX SIXTY COLLINS AVE. CONDOMINIUM, INC., and JAMES
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`DALTON, ARNOLD GOLDMAN, EDWARD LIEBERMAN, JORGE ROMANACH, and
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`CRAIG SCHAFFER, in their capacity as Board Members, from allowing the disconnection of
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`electricity to the Plaintiffs’ Condominium units on May 25 and 26, 2023 and for damages, interest,
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`attorneys’ fees, and costs, and for any other relief the Court deems just and proper.
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`COUNT II
`(Violation of the Florida Fair Housing Act)
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`Plaintiffs hereby realleges paragraphs 1 through 30 as if fully set forth herein.
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`Plaintiffs allege that the Collins Association and the Board Members are
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`
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`36.
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`37.
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`discriminating against them in the “provision of services or facilities in connection” with the
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`“terms, conditions, or privileges of the sale or rental of a dwelling” under the Florida Fair Housing
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`Act.
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`38.
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`The inability of Plaintiffs to properly prepare for Shavout holiday and observe the
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`weekly Sabbath in order to fulfill their religious practice constitutes a constructive eviction of
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`Plaintiffs from the Condominium.
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`39.
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`Plaintiffs are protected from such disparate treatment on the basis of their religion.
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`The Collins Association and the Board Members have arbitrarily and capriciously denied their
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`request to accommodate the Plaintiffs as necessary to practice their religion, while simultaneously
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`allowing for observation of other holidays despite the supposed “life-safety issue” that serves as
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`the basis for such denial.
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`40.
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`The Collins Association and the Board Members discriminatory practices caused
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`damages to the Plaintiffs, which include, but are not limited to, emotional distress, humiliation,
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`frustration, and embarrassment.
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`WHEREFORE, Plaintiffs respectfully requests that the Court enter an order enjoining the
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`Defendants FIFTY SIX SIXTY COLLINS AVE. CONDOMINIUM, INC., and JAMES
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`DALTON, ARNOLD GOLDMAN, EDWARD LIEBERMAN, JORGE ROMANACH, and
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`CRAIG SCHAFFER, in their capacity as Board Members, from allowing the disconnection of
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`electricity to the Plaintiffs’ Condominium units on May 25 and 26, 2023 and for damages, interest,
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`attorneys’ fees, and costs, and for any other relief the Court deems just and proper.
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`COUNT III
`(Violation of Chapter 11A of the
`Miami-Dade County Code of Ordinances)
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`Plaintiffs hereby realleges paragraphs 1 through 30 as if fully set forth herein.
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`Plaintiffs allege that the Collins Association and the Board Members are
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`
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`41.
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`42.
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`discriminating against them in the “provision of services or facilities in connection” with the
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`“terms, conditions, or privileges of the sale or rental of a dwelling” under violation of Chapter
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`11A, Article 1, § l lA-1 and Article II § 11A-12 (I) (a) of the Miami-Dade County Code of
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`Ordinances.
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`43.
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`The inability of Plaintiffs to properly prepare for Shavout holiday and observe the
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`weekly Sabbath in order to fulfill their religious practice constitutes a constructive eviction of
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`Plaintiffs from the Condominium.
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`44.
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`Plaintiffs are protected from such disparate treatment on the basis of their religion.
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`The Collins Association and the Board Members have arbitrarily and capriciously denied their
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`request to accommodate the Plaintiffs as necessary to practice their religion, while simultaneously
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`allowing for observation of other holidays despite the supposed “life-safety issue” that serves as
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`the basis for such denial.
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`45.
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`The Collins Association and the Board Members discriminatory practices caused
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`damages to the Plaintiffs, which include, but are not limited to, emotional distress, humiliation,
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`frustration, and embarrassment.
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`46.
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`The Plaintiffs reserves the right to seek leave of court to demand punitive damages
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`pursuant to Florida Statute 768.72, and Miami-Dade Code of Ordinances, Chapter 11A, Article
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`II;§ 11A- 15(3).
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`WHEREFORE, Plaintiffs respectfully requests that the Court enter an order enjoining the
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`Defendants FIFTY SIX SIXTY COLLINS AVE. CONDOMINIUM, INC., and JAMES
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`DALTON, ARNOLD GOLDMAN, EDWARD LIEBERMAN, JORGE ROMANACH, and
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`CRAIG SCHAFFER, in their capacity as Board Members, from allowing the disconnection of
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`electricity to the Plaintiffs’ Condominium units on May 25 and 26, 2023 and for damages, interest,
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`attorneys’ fees, and costs, and for any other relief the Court deems just and proper.
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`COUNT IV
`(Injunctive Relief)
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`Plaintiffs hereby realleges paragraphs 1 through 30 as if fully set forth herein.
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`This is an action for temporary injunctive relief.
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`As more fully alleged above, the Collins Association and the Board Members has
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`47.
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`48.
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`49.
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`violated and continues to violate the Federal Constitutional and Florida Statutory Right to Free
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`Exercise of Religion, the Florida Fair Housing Act, and Chapter 11A of the Miami-Dade County
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`Code of Ordinances to the detriment of the Plaintiffs. The Collins Association and the Board
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`Members, notwithstanding having been informed of its violation of the Plaintiffs’ religious rights
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`and CBS’s approval and willingness to accommodate such rights, has continued to improperly
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`violate the Plaintiffs’ rights or threaten to do so.
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`50.
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`By following the Collins Association and the Board Members directive to perform
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`construction work on May 25 and 26, 2023, requiring the electricity be disconnected to the
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`Plaintiffs’ units in the Condominium, CBS is a party to such actions and directly contributing to
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`the same.
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`51.
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`As a direct result of the Collins Association and the Board Members’ improper and
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`illegal acts and CBS’s potential undertaking of construction on May 25 and 26, 2023, the Plaintiffs
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`are suffering from the potential violation of their religious rights, without an ability to quantify the
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`potential monetary loss of such closely held and sacred rights, with harm of a continuing nature.
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`The Plaintiffs are therefore, entitled to a temporary and permanent injunction permanent injunction
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`enjoining the Collins Association, the Board Members, and CBS from causing the electricity to
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`the Plaintiffs’ units to be shut off on May 25 and 26, 2023.
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`52.
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`Irreparable harm will result if this injunction is not granted because the Plaintiffs
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`will be precluding from exercising their religious rights and be constructively evicted from their
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`units at the Condominium should the Collins Association, the Board Members, and CBS not be
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`enjoined from causing the electricity to the Plaintiffs’ units to be shut off on May 25 and 26, 2023.
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`53.
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`The Plaintiffs have no adequate remedy at law as the inability to exercise their
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`sacred and religious rights is impossible to monetarily quantify and the harm cause by a potential
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`lapse of adherence to sacred religious beliefs is of a continuing nature.
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`54.
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`The Plaintiffs have a clear legal right to the relief requested, including under
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`explicit statutory authority as stated in Florida Statute 760.35(4) and Miami-Dade Code of
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`Ordinances, Chapter 11A, Article II;§ 11A- 15(3).
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`55.
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`Plaintiffs request a declaration as to the existence of a valid rule/policy prohibiting
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`a display of religious symbols in the common areas.
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`56.
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`The public interest will be served by the entry of an injunction enjoining the Collins
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`Association, the Board Members, and CBS from committing improper acts in an attempt to
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`discriminate against the Plaintiffs and preclude them from exercising their deeply held religious
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`beliefs. To the contrary, it is necessary to protect the public interest by promoting lawful exercise
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`of protected religious freedoms and precluding discriminatory practices under arbitrary and
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`capricious pretenses.
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`57.
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`A judicial declaration is necessary and appropriate at this time because the Collins
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`Association has enforced their informal rule/policy against Plaintiffs while failing to enforce it as
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`against other association members or their own action with respect to the common areas.
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`WHEREFORE, Plaintiffs respectfully requests that the Court enter an temporary and
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`permanent
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`injunction enjoining Defendants FIFTY SIX SIXTY COLLINS AVE.
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`CONDOMINIUM, INC., and JAMES DALTON, ARNOLD GOLDMAN, EDWARD
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`LIEBERMAN, JORGE ROMANACH, CRAIG SCHAFFER, in their capacity as Board Members
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`and CONSTRUCTION BUSINESS SOLUTIONS, INC., from causing the disconnection of
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`electricity to the Plaintiffs’ Condominium units on May 25 and 26, 2023 and attorneys’ fees, and
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`costs, and for any other relief the Court deems just and proper.
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`Dated: May 23, 2023
`JURY TRIAL DEMANDED ON ALL TRIABLE ISSUES OF FACT.
`Respectfully Submitted,
`
`THE BERNSTEIN LAW FIRM
`Attorneys for Plaintiffs
`3050 Biscayne Boulevard, Suite 403
`Miami, Florida 33137
`Tel. (305) 672-9544
`Fax (305) 672-4572
`michael@blfmiami.com
`jordan@blfmiami.com
`Paralegal@blfmiami.com
`
`s/ Michael I. Bernstein
`Michael I. Bernstein
`Florida Bar No. 546208
`Jordan C. Kaplan
`Florida Bar No. 98618
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`EXHIBIT A
`EXHIBIT A
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`THE BERNSTEIN LAW FIRM
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`
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`Attorneys and Counselors at Law
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`3050 Biscayne Boulevard, Suite 403, Miami, Florida 33137
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`Telephone: (305) 672-9544 Fax: (305) 672-4572
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`Michael I. Bernstein, Esq.
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`Jordan C. Kaplan, Esq.
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`Matthew Savino, Esq. ( of counsel)
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`Email: michael@blfrniami.com
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`Email: jordan(11:blirnian1i.con1
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`Email: matthcw@blfo1iarni.com
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`Via Email
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`May 17, 2023
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`FIFTY SIX SIXTY COLLINS A VE.
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`CONDOMINIUM, INC.
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`c/o Darrin Gursky, Esq.
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`Gursky Ragan, P.A.
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`2 S. Biscayne Blvd, Suite 3570
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`Miami, Florida 33131
`darrin@grconclolaw.com
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`
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`Re: Violation of Religious Rights
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`Dear Mr. Gursky:
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`We have been retained as counsel for the Yashars and Schapiros (the "Clients"), owners
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`of certain units at 5660 Collins Avenue, Miami Beach, Florida 33140 (the "Building").
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`We have corresponded with you in the past regarding Fifty Six Sixty Collins Ave.
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`Condominium, Inc. (the "Association"), the association govrning the Building, and its failure to
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`respect cetiain of my Clients' religious rights. We unf011unately write to you about yet another
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`instance of antisemtism by the Association and its Board of Directors (the "Board").
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`Recently, the Clients discovered that power in the Building would be turned off on May
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`May 25 through of Shavuot (sundown 25 and 26, 2023. This coincides with the Jewish holiday
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`sundown May 26), which is immediately followed by the weekly Sabbath (sundown May 26
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`through sundown May 27).
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`Shavuot has many of the same restrictions for religious Jews as the Sabbath, which include
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`a prohibition on cooking, cleaning, working, or interacting with electricity. Due to these
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`restrictions, my Clients must clean and prepare meals for the duration of the holiday in advance
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`thereof. In addition, being prohibited from interacting with electricity, religious Jews utilize special
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`timers or turn cetiain appliance or utilities on prior to the time period in which they are prohibited
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`from interacting with those items.
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`EXHIBIT A
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`Page 12
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`By turning the power off on the dates indicated, my Clients, as well as the numerous other
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`religious Jewish families in the building, will be unable to clean, prepare meals, and otherwise
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`prepare for the religious Jewish holidays. In addition, by cutting the power, any timers or other
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`mechanisms utilized to avoid interacting with electricity will reset and will not work once the
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`power is turned back on, leaving my Clients without certain appliances and utilities, and forcing
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`them to experience great hardship or violate their religious beliefs.
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`Despite my Clients informing the Association of these issues, the Association has refused
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`to make any accommodation, including simply moving the scheduled work to a timeframe in
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`which these issues do not arise. We appreciate that the Association may have initially overlooked
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`the dates of these Jewish holidays, but after it being brought to their attention their continued
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`refusal to take any action to fix this oversight is utterly unacceptable.
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`We demand that the Association immediately take action to ensure the foregoing issues
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`are resolved by no later than May 19, 2023 with written confirmation same, and that my Clients'
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`religious rights and ability to observe their religious holidays will be respected.
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`Please govern yourselves accordingly. Our Clients reserve all available rights and
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`remedies under applicable state and/or Federal law
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`EXHIBIT A
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`

`

`EXHIBIT B
`EXHIBIT B
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`

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`THE BERNSTEIN LAW FIRM
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`Attorneys and Counselors at Law
`
`3050 Biscayne Boulevard, Suite 403, Miami, Florida 33137
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`Telephone: (305) 672-9544 Fax: (305) 672-4572
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`Michael I. Bernstein, Esq.
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`Jordan C. Kaplan, Esq.
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`Matthew Savino, Esq. ( of counsel)
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`Email: michael@blliniami.com
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`Email: jordan@blfiniami.com
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`Email: matthcw!a)blfmiami.com
`
`Via Email
`
`May 19, 2023
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`CONSTRUCTION BUSINESS SOLUTIONS INC.
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`6303 Blue Lagoon Drive, Suite 400
`Miami, Florida 33126
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`Attn: Pablo Carreno, Jr.
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`pab lo j r(ii)ca-e1wineers. com
`
`Attn: Freddy Arencibia
`farcncibia@cbscorp.info
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`Rights Violation of Religious Re: Construction Business Solutions Inc.;
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`Dear Mr. Carreno,
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`Our Firm represents paities who own units at 5660 Collins Avenue, Miami Beach, Florida
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`33140 (the "Building"). Construction Business Solutions Inc. ("CBS") has been contracted by
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`Fifty-Six Sixty Collins Ave. Condominium, Inc. (the "Association") to perform repair/restoration
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`work at the Building (the "Repair Work"). The Repair Work is scheduled to be completed by
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`Tuesday, May 23, 2023, but delays caused by Florida Power & Light ("FPL") not promptly
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`shutting off the electricity have made it challenging to meet the five-day deadline.
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`If the Repair Work is not finished by 5:00 pm on Wednesday, May 24, 2023, the scheduled
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`electricity shutdown on May 25 and May 26, 2023, will significantly inconvenience and prejudice
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`the Jewish families in the Building who will be celebrating the Jewish holiday of Shavuot
`(sundown
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`May 25 through sundown May 26). Although the Building will not be evacuated, the
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`Repair Work schedule allows the electricity to be turned back on each evening after 5:00 pm until
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`the following morning. Additionally, there are no plans to work on May 29, 2023 (Memorial Day),
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`because the Association and CBS do not want the Repair Work and lack of electricity to disrupt
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`the Memorial Day holiday for those who have the day off.
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`Shavuot imposes similar restrictions as the Sabbath on religious Jews, including
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`prohibitions on cooking, cleaning, working, and using electricity. Our clients need to prepare meals
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`and clean in advance of the holiday. They also rely on timers and pre-set appliances to observe
`these restrictions.
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`EXHIBIT B
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`

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`Solutions
`Inc.
`Business
`Construction
`May 19, 2023 Demand Letter
`
`Jewish
`and other observant
`our clients
`dates,
`off the power on the mentioned
`By cutting
`preparations
`and make necessary
`meals,
`prepare
`to clean,
`will be unable
`in the building
`families
`or mechanisms
`will reset any timers
`the power interruption
`Moreover,
`holiday.
`for the religious
`appliances
`and
`essential
`without
`our clients
`with electricity,
`leaving
`used to avoid interacting
`beliefs.
`their religious
`and violating
`hardship
`and forcing them to choose between
`utilities
`
`while
`the Jewish holidays
`to respect
`is unwilling
`that the Association
`It is evident
`of prior Board
`Day. We have evidence
`of Memorial
`the non-religious
`holiday
`accommodating
`and the
`to other owners in the Building,
`views in writing
`anti-Semitic
`members expressing
`Given the delays
`behavior.
`and discriminatory
`their arbitrary
`illustrate
`further
`Association's
`actions
`Day,
`of Memorial
`accommodation
`and the Association's
`schedule
`by FPL's inconsistent
`caused
`Jewish
`to the religious
`be extended
`why the same consideration
`cannot
`there is no valid reason
`of Business
`Department
`Comts nor the Florida
`the Florida
`that neither
`believe
`We firmly
`holiday.
`our clients
`will
`If necessary,
`actions.
`the Association's
`will condone
`Regulation
`and Professional
`freedom.
`their religious
`May 22, 2023, to protect
`escalate this matter
`on Monday,
`
`the dates of
`overlooked
`may have initially
`that CBS and the Association
`We understand
`has failed
`the Association
`after being made aware of the situation,
`the Jewish holidays. However,
`We demand that CBS
`unacceptable.
`which is completely
`action,
`or refused to take any corrective
`of resolution
`confirmation
`written
`provide
`these issues and
`address
`promptly
`and the Association
`their
`to observe
`and ability
`rights
`religious
`no later than 10:00 AM on May 22, 2023. Our clients'
`must be respected.
`holidays
`religious
`
`to file a lawsuit
`will proceed
`our clients
`as requested,
`confirmation
`If we do not receive
`reserve
`all
`Our clients
`involved.
`parties
`naming all relevant
`relief,
`injunctive
`and seek emergency
`law.
`state and federal
`under applicable
`and remedies
`rights
`available
`
`accordingly.
`govern yourselves
`Please
`
`-­Ti!N�
`
`em
`For the Firm
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`EXHIBIT B
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`

`

`EXHIBIT C
`EXHIBIT C
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`

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`From: Paula Mendez
`Sent: Monday, May 22, 2023 10:53 AM
`To: Howard Schapiro
`Subject: A note from The Board of Directors
`
`A note from The Board of Directors,
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`First, roofing project is going along. Still can’t say we are in the clear but we have had a good jump on
`the work.
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`Second, FPL vault work. We have been working diligently and speedily to finish this project. Know we
`have shoring in a residents apartment and it cannot be removed until the work is complete. The vault
`work is a life safety issue.
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`On May 16 we were notified that the planned shutdown days were over a Jewish holiday. I am sorry
`this was not on the boards radar but, we did mention the possibility of this shutdown at the meeting
`on May 4 and that we were in negotiations with FPL. Not one owner mentioned this as a potential
`problem at the open forum. Then on May 12 we got approval and in our weekly update it was
`mentioned again. On May 15 we sent out a notice that these dates are confirmed by the state utility.
`After that date we were notified by some of our residents that this was a holiday and we must change
`the dates. This is work we must do and complete. Our structure requires it, through the court we
`expressed urgency and have requested it and FPL approved the dates.
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`1
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`EXHIBIT C
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`Again I’m sorry for any inconvenience but know if this is complete it’s 1/3 of what needs to be done to
`save us for insurance. This is our hope for the whole building. We must continue through to try and
`achieve this goal.
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`Third, as of Friday we received shoring drawings from the engineer Solver. We will g