You are receiving this notice because you may be eligible for benefits pursuant to the settlement of a class action lawsuit. The lawsuit was filed against The Crimson Condominium Association, Inc. (“CRIMSON”) in Florida state court. The lawsuit alleges that CRIMSON violated Florida law by charging a transfer fee without authority in its governing condominium documents and that exceeded the maximum amount set forth in Chapter 718, Florida Statutes, when you moved into its condominium.
A class action is a type of lawsuit. In a class action, the rights of a large group of people are decided in one court proceeding. Representative plaintiffs known as “Class Representatives” assert claims on behalf of the entire group, or “class.”
You are in the class if you were charged any fee by CRIMSON in connection with the sale, mortgage, lease, sublease, or other transfer of a condominium unit, from July 1, 2018, to the present in excess of the limits set forth in Chapter 718, Florida Statutes. Based on CRIMSON’s records, you have been identified as a possible member of the class.
The Court has appointed Aleksa Kamais as the Class Representative. The Court has also appointed the following lawyers as Class Counsel:
Jordan A. Shaw, Esq.
Kimberly A. Slaven-Hauth, Esq.
Shaw Lewenz, LLP
110 SE 6th Street, Suite 2900
Fort Lauderdale, Florida 33301
954-989-6333
Aaron R. Resnick, Esq.
The Law Offices of Aaron Resnick, P.A.
100 Biscayne Blvd, Suite 1607
Miami, FL 33132
305-672-7495
To receive money, you may submit your claim electronically on this site and following the instructions listed for the online submission of claims forms, or you may mail claim forms to the Settlement Administrator, David W. Epperly, P.O. Box 673, Charleston, West Virginia 25323. If you do nothing, you will remain in the class, but you will receive no money.
If you want to exclude yourself from the Settlement Class, you must submit a written request for exclusion to the Settlement Administrator: P.O. Box 673, Charleston, WV 25323, that includes your name, current address, and telephone number. Your request must also include a prominent reference to this Action as follows: “Aleksa Kamais v. The Crimson Condominium Association, Case No. 2022-012283-CA-01 (Fla., 11th Jud'l Cir.) (Miami Dade Cty.).” Your request must also contain a signed statement to the following effect: “I request to be excluded from the Settlement Class in the CRIMSON lawsuit.”
A separate Opt-Out request must be submitted by each person requesting exclusion from the Settlement. If the Opt-Out exclusion request is submitted by someone other than the Settlement Class Member, then the third party signor (e.g., attorney or other third party) must include the following attestation on the Opt-Out exclusion request: “I certify and attest to the Court that the Class Member on whose behalf this Opt-Out exclusion request is submitted, has been provided a copy of and an opportunity to read the Class Notice and thereafter specifically requested to be excluded from this Settlement Class.”
Requests for exclusion must also be mailed to the addresses listed below and must be postmarked by March 28, 2025.
DO NOT REQUEST EXCLUSION IF YOU WANT TO PARTICIPATE IN THE SETTLEMENT AND POTENTIALLY RECEIVE BENEFITS FROM THE SETTLEMENT. The exclusion request should also be mailed to Class Counsel and Counsel for CRIMSON at the following addresses:
Jordan A. Shaw, Esq.
Kimberly A. Slaven-Hauth, Esq.
Shaw Lewenz, LLP,
110 S.E. 6th Street, Suite 2900
Fort Lauderdale, FL 33301
Aaron R. Resnick, Esq.
Law Offices of Aaron Resnick, P.A. 100 Biscayne Boulevard, Suite 1607
Miami, Florida 33132
Class Counsel
Peter Harutunian, Esq.
Stephen Johnson, Esq.
Lydecker LLP
1221 Brickell Ave., 19th Floor
Miami, FL 33131
Counsel for CRIMSON
If you properly opt out of the Settlement Class, you will not be eligible for any settlement benefits and will not be bound by any judgment or release in the lawsuit.
If you are a Settlement Class Member, and if you think the proposed settlement is unfair, you have the right to object to the settlement. The objection must: (a) be in writing and state the name and address of the Settlement Class Member who is objecting to the approval of the Settlement; (b) identify this Action substantially as follows: “ALEKSA KAMAIS v. THE CRIMSON CONDOMINIUM ASSOCIATION, INC. Case No. 2022-012283 CA (01) (Fla., 11th Jud'l Cir.) (Miami Dade Cty.).”; (c) state the factual and legal basis for the objection; (d) describe any evidence and state the names and addresses of any witnesses the objector may offer to support the objection; (e) state whether the objector is represented by legal counsel and the name, telephone number, address, and bar number of any counsel; and (f) state whether the objector will appear and speak at the Fairness Hearing in person or be represented by counsel.
Written objections must be filed with the Court and served upon Counsel, at the three (3) addresses below, and postmarked no later than March 28, 2025.
Jordan A. Shaw, Esq.
Shaw Lewenz, LLP
110 S.E. 6th Street, Suite 2900
Fort Lauderdale, FL 33301
Aaron R. Resnick, Esq.
Law Offices of Aaron Resnick, P.A. 100 Biscayne Boulevard, Suite 1607
Miami, Florida 33132
Class Counsel
Peter Harutunian, Esq.
Stephen Johnson, Esq.
Lydecker LLP
1221 Brickell Ave., 19th Floor
Miami, FL 33131
Counsel for CRIMSON
To file with the Court, you must mail your objection to the Court at the following address: Clerk of Court Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, 73 West Flagler Street, Ste. 133, Miami, FL 33130.
If you do not comply with these procedures, including the deadline for submitting written objections, you will lose any opportunity to have your objection considered by the Court or to otherwise contest the approval of the proposed settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement.
The Court has scheduled a hearing for May 20, 2025, at 8:30 a.m., via ZOOM. The hearing will address whether the proposed settlement is fair, reasonable, and adequate and whether the Court should approve it. The hearing date is subject to change. If the hearing date changes, no separate notice of that change will be mailed. You can check the case docket on the Miami-Dade County Clerk of Court’s website for hearing information and updates at any time.
You may attend the fairness hearing if you wish. If you intend to appear personally or through your lawyer at the hearing, you must include a notice of intent to appear in addition to your objection and file it with the Court, as described above.
Subject to Court approval, CRIMSON will pay $125,000.00 in reasonable attorney’s fees and costs incurred by Class Counsel for their time, effort and expenses incurred in this matter. This payment will not affect any benefits to be paid to the Settlement Class.
Subject to Court approval, CRIMSON will pay a class compensation award in the amount of $4,000.00 compensation to the Class Representative, as a class representative fee for her time, effort and expenses. This payment will not affect any benefits to be paid to the Settlement Class.