Two Roads escalates legal fight with Biscayne 21 owners after Miami judge orders full building restoration

A long-running Edgewater condominium dispute enters a new phase

A legal battle over Biscayne 21, a 14-story, 191-unit waterfront condominium in Miami’s Edgewater neighborhood, has intensified after developer Two Roads Development initiated a new court action against a group of unit owners who previously blocked the company’s attempted condominium termination.

The dispute centers on whether the condominium could be terminated—an action that would allow demolition and redevelopment of the property—and what obligations exist to restore the building after years of litigation, vacancy, and deterioration.

How the takeover effort unfolded

Two Roads began acquiring units at Biscayne 21 in 2019 and gained majority control by 2022. The developer’s broader objective was to redevelop the site, and it pursued a condominium termination process after amassing sufficient ownership interests.

A group of “holdout” owners refused to sell and sued in May 2023, alleging that a developer-controlled condominium association improperly amended the condominium declaration to reduce the termination approval threshold. The case moved through appellate review, with the Third District Court of Appeal concluding that lowering a unanimous termination requirement would eliminate each owner’s effective veto and constituted an impermissible alteration of voting rights under the governing documents.

Florida Supreme Court action and the January 2026 restoration order

In October 2025, the Florida Supreme Court declined to take up the developer’s appeal, leaving the appellate outcome intact and narrowing the developer’s legal options on that front.

In January 2026, Miami-Dade Circuit Judge Thomas Rebull issued an order requiring Two Roads and related entities to restore the condominium and affected units to the condition they were in when the owners filed suit in May 2023. The order also required restoration of basic building functionality and oversight measures, including periodic reporting and an owner meeting tied to building status. Public reporting on the case has included repair cost estimates in the range of roughly $61 million to $65 million.

The developer’s new lawsuit: seeking equitable relief and termination

At the end of January 2026, an affiliate of Two Roads filed a new lawsuit seeking equitable relief that includes terminating the condominium association. The filing argues the building’s condition stems from long-term deferred maintenance predating the developer’s involvement and contends that restoration is economically impractical. The developer has also indicated that a court-ordered partition sale could be pursued if the court sides with its position.

Why the case matters beyond Biscayne 21

The litigation has drawn attention because condo terminations and buyouts are a recurring feature of redevelopment pressure across South Florida, particularly for older waterfront properties facing rising insurance costs, major repair needs, and stricter building-safety expectations. The Biscayne 21 dispute illustrates how condominium declarations—especially provisions governing termination and voting rights—can determine outcomes.

• Key legal issue: whether changes to termination thresholds unlawfully alter owners’ voting rights.
• Key practical issue: who pays to restore habitability after a termination effort stalls.
• Key market issue: the viability of redeveloping aging condo sites when unanimous-consent provisions remain enforceable.

The case now turns on whether the developer can obtain court-ordered relief that effectively ends the condominium structure, despite prior rulings preserving owners’ voting protections and requiring restoration.