BYRON JOHNSON v. PHP MANAGEMENT SERVICES, LLC dba CONDOMINIUM ASSOCIATES Settlement

Case No. 24-CA-001417 in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida

Frequently Asked Questions

  1. What is this lawsuit about?

    1. Plaintiff Byron Johnson filed this putative class action for alleged violations of Florida Statute § 720.30851(6) and Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et. seq. arising out of estoppel certificate fees charged by Condominium Associates to sellers of real properties subject to HOA dues. Plaintiff alleged these fees were unreasonable or exceeded the statutory cap in Florida Statute § 720.30851(6). Plaintiff and Condominium Associates agreed to settle these claims in a Class Action Settlement in exchange for the monetary benefits set forth in this Settlement. All Settlement Class Members will release Condominium Associates from all liability arising from the claims in the lawsuit involving their estoppel certificate charges.
  2. What are my rights and options?

    1. You may either stay in the case or request to be excluded from it.
  3. How do I participate as a member of the class?

    1. In order to receive the monetary benefits of this Settlement, Settlement Class Members do not have to take any action. If and when the Settlement is finally approved by the Court, a Settlement payment in the amount of 72% will be mailed to you at the same address as this Notice. If you are moving within the next 90 days, you can provide your new mailing address by email to [email protected] or by mail to Johnson v PHP Mgmt Svcs, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241-3459.
  4. What benefits will I receive?

    1. Monetary Benefits:

      Condominium Associates will establish a common fund of $280,000 to provide a refund payment in the amount of 72% to each Settlement Class Member who does not opt out of the Settlement Class.
  5. How do I opt out of the Settlement?

    1. If you wish to be excluded from the Settlement Class, and receive no settlement benefits, you must send a written Request for Exclusion to Johnson v PHP Mgmt Svcs, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241-3459 no later than November 12, 2024, stating your name, address, and the following statement: “I request exclusion from the Settlement Class in Byron Johnson v. PHP Management Services, LLC, Case No. 24-CA-001417.”
  6. How do I object to the Settlement?

    1. You must submit a written objection by November 2, 2024, containing certain requirements. Refer to the Settlement Agreement and the Preliminary Approval Order for details.
  7. When and where will the Court decide whether to approve the Settlement?

    1. The Court will hold a Final Fairness Hearing on November 22, 2024, at 9:45 am before the Honorable Nancy Jacobs, to determine whether the proposed Settlement is fair, reasonable and adequate.
  8. May I speak at the hearing?

    1. As a Settlement Class Member, you may appear at the Final Fairness Hearing to be heard in opposition to the Settlement.