Under the proposed agreement, anyone who bought or leased a unit since June 27, 2013 will receive up to $360.
Anyone who rented or bought a unit at Icon Brickell’s Tower 1 since June 27, 2013 could soon collect up to $360 from the building’s condo association.
On Tuesday, Miami-Dade Circuit Judge Jennifer Bailey is scheduled to rule on a final settlement agreement in a class action lawsuit against the Icon Brickell Condominium No. 1 Association.
According to court documents, the association has agreed to make a one-time payment to former and existing tenants and owners who were charged illegal fees at the time of purchase or lease of a unit at Icon Brickell Tower 1. Built in 2008 by the Related Group, the building at 465 Brickell Avenue has 685 condos. The payment represents 60 percent of move-in and move-out fees that were charged to renters and owners in addition to a $100 application fee.
The Florida Condominium Act bars associations from charging more than $100 per person or per married couple in connection with the sale, lease or transfer of a condo unit. However, many associations allegedly flaunt the law. According to recent MLS listing data, more than 3,000 condos currently on the market require prospective buyers and tenants to pay application fees above $100.
For instance, 22 listings for condos available for sale at Brickell Flatiron show the application fee is $150. Nine listings at Icon Bay Miami also show a $150 application fee. Quadro Miami, a recently completed building near the Design District, is charging $475 in application fees, according to 35 listings.
Aaron Resnick and Jordan Shaw, attorneys for plaintiff Brittany Wiggins, declined comment. Evelyn Greenstone Kammet, the lawyer for Icon Brickell No. 1, did not respond to messages seeking comment.
Wiggins sued the Icon Brickell condo association in 2017, and her lawsuit was certified for class action status last year. According to her complaint, Wiggins was charged $500 in move-in and move-out fees in addition to a $100 application fee by the association. The entire $600 was non-refundable.
According to a website created to inform residents about the proposed agreement, Icon Brickell is willing to settle the case to avoid the costs of “lengthy and burdensome litigation.” Individuals who qualify as class action members are eligible to receive between $60 and $360 each, per the proposed settlement.
In September, Resnick and Shaw successfully negotiated a settlement in another class action lawsuit against The Plaza 851 Brickell Condominium Association, which was also accused of charging inflated fees. That association agreed to pay up to $300,000 in refunds.
Original Article published at The Real Deal on April 28, 2020.