BASTIN JOSEPH v RIZZETTA & CO. INC.

Case No.: 23-CA-001470 In the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida

This notice is merely to inform you about rights you have regarding a proposed Class Action Settlement related to your sale of a property that was governed by a Homeowners Association (‘HOA”) and managed by Rizzetta & Company, Incorporated:

The Defendant in this lawsuit, Rizzetta & Company, Incorporated (“Rizzetta”) managed an HOA community where you owned a property that was sold after February 17, 2019. You have received this Notice because you have been identified through the business records of Rizzetta as a member of the proposed Settlement Class in a lawsuit filed against Rizzetta.  The Settlement Class includes the following people:   

(i) The owner-seller of any property, in a Rizzetta managed community, (ii) who requested and received an estoppel certificate from Rizzetta (iii) and paid fees related thereto between February 17, 2019 and September 20, 2023 (iv) and the total fees exceeded the applicable statutory cap if Rizzetta’s estoppel certificate fee is added together with the third-party convenience fee and the third-party service charge. 

  1. LITIGATION SUMMARY

    1. Plaintiff, Bastin Joseph, filed this class action for alleged violations Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. 501.201, et. seq. (“FDUTPA”) and breach of contract arising out of Estoppel Certificate Fees charged by Rizzetta to sellers of real properties subject to HOA dues, where Plaintiff alleges such fees were unreasonable and/or exceed the statutory cap established in Section 720.30851(6) of the Florida Statutes.

      Mr. Joseph and Rizzetta have agreed to Settle these claims in a Class Action Settlement in exchange for the monetary benefits set forth in the Settlement.  All Settlement Class members will release Rizzetta from all liability arising from the claims in the lawsuit involving their Estoppel Certificate charges.
  2. MONETARY BENEFITS

    1. Rizzetta will provide a refund payment in the amount of $16.00 to each Class Member, who does not opt out of the settlement and Class Action.
  3. PARTICIPATING IN CLASS AND SETTLEMENT

    1. In order to receive the Monetary Benefits of this Settlement, Class members do not have to take any action. If and when the Settlement is Approved, a Settlement Payment in the amount of $16.00 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 to Joseph v Rizzetta Estoppel Settlement, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241 or update your address online.

      All Settlement Class members who do not exercise their right to exclude themselves from the Settlement Class in the manner set forth below will release Rizzetta from any and all claims arising out of the causes of action advanced in the class action Complaint including but not limited to claims for Estoppel Certificate Fees.
  4. ATTORNEYS’ FEES

    1. Rizzetta has agreed to pay Plaintiff’s Counsel $165,000.00 in attorneys’ fees and litigation costs.  This amount represents the amount of time the lawyers spent litigating the case.  The attorneys’ fees and costs are not coming out of any payments to Settlement Class members and is being paid separate to the class benefits.  The class members do not need to pay class counsel. If you wish to hire your own attorney to object for you in this matter, or to represent you personally, you may do so at your own expense.
  5. OPTING OUT OF CLASS AND 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 Joseph v Rizzetta Estoppel Settlement, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241 no later than April 20, 2024, stating your name, address, and the following statement: “Requests exclusion from the Settlement Class in Bastin Joseph v. Rizzetta & Company, Incorporated, Case No. 23-CA-001470.” Requests for Exclusion must be signed and postmarked by April 20, 2024.  Requesting exclusion from the class removes your ability to receive the benefits of the settlement set forth above, but doing so preserves any claims you have against Rizzetta.
  6. OBJECTING TO THE SETTLEMENT

    1. As a Settlement Class Member, you may appear at the Final Fairness Hearing to be heard in opposition to the fairness of the settlement, provided that you send a written Notice of Objection to the Settlement to Joseph v Rizzetta Estoppel Settlement, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241 and Class Counsel, Jeffrey Newsome of Varnell & Warwick, P.A., 400 N. Shaley Drive, Suite 1900, Tampa, Florida 33602; and, Defense Counsel, Lauren Yevich, Bush Ross, P.A., 1801 North Highland Avenue Tampa, Florida 33602. Your written objection must include: (a) a notice of intent to appear; (b) a detailed statement of each objection asserted; (c) the grounds for each objection; (d) any documents and writings which you want the Court to consider; and (e) a list of witnesses you intend to call, if any.  OBJECTIONS MUST BE RECEIVED NO LATER THAN April 10, 2024.
  7. FINAL FAIRNESS HEARING

    1. The Court will hold a Final Fairness Hearing on April 30, 2024 at 3:30 p.m. before the Honorable Alissa Ellison, to determine whether the proposed settlement is fair, reasonable and adequate.  YOU ARE NOT REQUIRED TO ATTEND BUT YOU MAY DO SO IF YOU WISH.

  8. ADDITIONAL INFORMATION

    1. This is a summary Notice of the terms of the settlement.  You may view the Settlement Agreement and Complaint at the Important Court Documents page and at the Hillsborough County Courthouse, 800 E. Twiggs Street, Tampa, FL 33602.