Some residents in
America’s richest zip code have alleged the master
association is disproportionately dipping into their wealth
for dues, while letting others slide with paying less than
they owe.
Fisher Island, a Biscayne Bay barrier island near Miami
Beach and PortMiami, is said to have the highest income per
capital. It’s also home to the likes of supermodel Karolina
Kurkova and TV producer Barney Rosenzweig, though they
aren’t among the plaintiffs.
A putative class action by the owners of more than 15 units
against Fisher Island Community Association Inc. said the
master association has burdened most owners with a higher
share of assessments and expenses, overcharging them by more
than $11 million over the past five years.
That number could be higher, as the Miami-Dade Circuit Court
complaint filed on Friday said the exact amount is to be
determined at jury trial.
The Fisher Island Community Association and its attorneys at
PeytonBolin Law in Fort Lauderdale didn’t immediately
provide comment. The defendant is the master association
above 22 condominium associations and homeowners association
on the island.
The suit says the Fisher Island Community Association levies
general and special assessments as well as capital
improvement expenses for common areas — but takes issue with
how the association divvies up the dues among property
owners.
The association has allegedly allowed some residents to
combine their units or lots into one property, thereby
allowing them to pay one assessment for both properties.
This is illegal under association governing documents that
say an assessment and other expenses should be levied per
lot and per unit, according to the complaint. The suit also
alleges violations of state law.
The net effect is to divvy the total assessments and
expenses against fewer properties, disproportionately
burdening owners of uncombined lots and units with costs.
“By combining units and only charging one FICA assessment,
FICA unlawfully requires owners of uncombined units to
subsidize the cost of living on Fisher Island for the owners
of combined units,” filing attorney Joshua Alper said in the
complaint.
Alper filed with Arletys Hernandez, both of of Morgan &
Morgan.
To illustrate the issue, the complaint includes a breakdown
of the association’s annual budgets and assessments since
2016.
Last year, the budget was $24.15 million and dues should
have been spread across all 892 properties, meaning each
owner pays $27,075. But because 50 units were combined, the
dues were spread across only 842 properties, meaning each
owner paid $28,683, according to the complaint.
This means that the 50 combined lots or units didn’t pay
anything, while the remaining owners of uncombined lots or
units were overburdened by $1,608, the complaint said.
The complaint also said that because the master association
illegally allows for the combination of lots or units, the
number of properties is in constant flux. This year there
are 52 combined units, while there were 48 combined units in
2016.
The complaint lists declaratory judgment, breach of contract
and injunctive relief counts.
Alper added that all this amounts to the association
ultimately taking advantage of residents.
“Its alleged misconduct,” he said, “has forced the majority
of the owners to pay millions of dollars in improper fees
each year over, at least the last five years.”