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Condominium Transfer and Application Fee Class Actions

The Law Offices of Aaron Resnick, P.A. announced in 2016 that it had filed class actions statewide to recover condominium transfer and application fees charged above the amount Florida's condominium statute permits, following Miami Herald reporting on fee practices across Miami-Dade listings. The full source record appears at the end of this page.

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What the record documents

In 2016 the Law Offices of Aaron Resnick, P.A. announced class action lawsuits filed statewide to recover transfer and application fees charged in condominium rentals and purchases in excess of the amount Florida's condominium statute permits.

The filings followed Miami Herald reporting on fee practices across Miami-Dade condominium listings.

Florida's condominium statute, Chapter 718, caps what an association may charge an applicant for a transfer or application fee. The cap is a fixed dollar amount per applicant, and it does not scale with the value of the unit, the size of the building, or the cost of the association's screening process. Amounts charged above that cap are not authorized by the statute.

Why a small dollar claim becomes a real case

An individual buyer or renter overcharged on an application fee is out a modest amount of money. Nobody litigates that alone, and associations charging above the cap have historically relied on exactly that arithmetic.

The class mechanism changes the math. When the same association applies the same fee schedule to every applicant across years of transactions, the individual overcharge multiplies into an aggregate claim worth pursuing, and the association's own records establish both the practice and the class.

That structural feature is what makes fee cases work: the conduct is uniform, documented in the association's files, and measured against a fixed statutory number rather than a standard requiring interpretation.

For the firm's condominium practice, these filings sit on the owner and applicant side of the ledger, alongside the deposit recovery work of the preceding decade. Aaron has also represented associations and boards. Understanding how an association sets and defends a fee schedule is what makes the challenge to one effective.

What the record does not establish

The 2016 announcement describes claims as filed. It is a firm issued release, and the allegations in the underlying filings are allegations. This page does not state the disposition of any case within that campaign, and nothing here should be read as a statement of outcome.

Chapter 718 has been amended in the years since these filings. Any current fee dispute must be evaluated under the statute as it now stands, the association's governing documents, and the specific charges at issue.

Source record

  1. Publication: Miami Herald Documented role: Reporting on condominium application and transfer fee practices across Miami-Dade listings

  2. Publication: PR Newswire, release issued by the Law Offices of Aaron Resnick, P.A. Published: 2016 Record as published: Class action lawsuits being filed statewide to recover improper transfer and application fees in condominium rentals and purchases Original: https://www.prnewswire.com/news-releases/the-following-press-release-is-issued-by-the-law-offices-of-aaron-resnick-pa-class-action-lawsuits-being-filed-statewide-to-recover-improper-transferapplication-fees-in-condominium-rentals-and-purchases-300368057.html Documented role: Firm issued announcement of the statewide filings

About Aaron Resnick

Aaron Resnick, a Miami business attorney, has been practicing in Florida since 1998. He founded the Law Offices of Aaron Resnick, P.A., a Miami business law firm, in 2005. He has been named a Florida Super Lawyer every year since 2013 and holds the Martindale-Hubbell AV Preeminent rating.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.

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