Article Courtesy of The Sun Sentinel
By Paul Owers
Published December 17 , 2016
A federal judge has granted certification for a class
action case involving shared costs at the Hilton Fort Lauderdale Beach
Resort.
Plaintiff Gary Dear has sued owner Q Club Hotel LLC, alleging that the
company is charging unit owners fees that aren’t authorized by the governing
documents. The suit says costs have increased by millions of dollars during
the past two years at the 333-room condominium-hotel.
Matt Weissing, lead counsel for the class, said one example is that owners
weren’t previously being charged for the valet operation. Now they pay 40
percent of the cost without getting any of the profits, he said.
“That’s inherently unfair,” Weissing said.
A trial is scheduled for May 22 before U.S. District Judge James Cohn in
Fort Lauderdale. The class, which includes more than 450 current and former
owners, is seeking more than $10 million in damages.
Weissing said Cohn’s certification “empowers this group of owners to act in
concert for all of their mutual best interests.”
Larry Litow, attorney for Q Club Hotel, said the suit is based on a
“complete misunderstanding of the financial flow of the project. All of the
charges are 100 percent legitimate.”
The resort is at 505 N. Fort Lauderdale Beach Blvd. The vast majority of the
owners rent to other parties through a management program with Hilton,
Weissing said.
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