Introduction to the Case
A South Florida property management company accused of taking nearly half a million dollars from a Sunrise community has prevailed in a civil lawsuit — but the company’s owner is still facing criminal charges in connection to the same case.
Background of the Dispute
A Broward County jury found BDM Property Management not liable in a lawsuit filed by the Fairways of Sunrise Association, which accused the company of pocketing $439,000 in insurance proceeds meant to cover Hurricane Irma damage. The jury sided with BDM, finding the company did not breach its fiduciary duties to the association, but awarded the company just $1 in damages.
Reaction to the Verdict
Residents of the Fairways community reacted with shock as the verdict was read in court. “All these homeowners… it’s horrible,” Fairways resident Cynthia Beaver said while fighting back tears.
Details of the Lawsuit
The lawsuit, filed in 2022, alleged that BDM left only about $5,000 of the association’s insurance payout after taking hundreds of thousands of dollars in claimed administrative fees. During the trial, BDM owner Michael Curtis testified the money was the compensation owed for his additional hours of work he said he spent facilitating the settlement. “If I were to bill correctly, it would have been $840,000,” Curtis said in court, adding that the company charged $75 per hour instead of $100.
Testimonies and Evidence
His mother and BDM co-owner Donna Cramb testified the figure was based on “all the phone calls and all the work that was done related to the Hurricane Irma claim.” She said the hours were tracked and documented only in handwritten notes over a more than two-year period. “It’s all handwritten on a legal pad. I think that’s the best,” Cramb said on the stand. Attorneys for the Fairways association questioned Curtis about several other payments allegedly made to his company. Curtis declined to answer specific questions, without being shown the checks and invoices.
Broader Implications
The Fairways of Sunrise is one of several South Florida communities that have accused BDM and Curtis of mismanaging association funds or insurance proceeds. Homeowners from other properties have made similar complaints, which Curtis has denied through his attorney. “It’s not just Fairways of Sunrise — it’s Windmill Lakes, it’s Three Horizons (East), Colonies, all these… hundreds of owners,” Beaver said. “Devastating. It is absolutely devastating,” added Jenny Trujillo, a homeowner at Three Horizons East.
Criminal Charges and License Revocation
In January, Curtis was arrested and charged with grand theft and perjury in connection with the Fairways case. Last year, the State of Florida revoked his property management license, calling him a “true danger to the public.” Curtis is appealing that decision.
Post-Verdict Reactions
His attorney, Elias Hilal, spoke to NBC6 after the civil verdict. “Facts prevailed on the case,” Hilal said. “No one really wanted to hear the story, but now the story came out and the jury agreed.” Curtis has denied previous attempts by NBC6 Investigates to speak with him about homeowners’ complaints. During the trial, Hilal unsuccessfully asked the judge to bar news cameras from the courtroom. Judge Jeffrey Levenson denied the request and reaffirmed the media’s right to attend and record proceedings. “Come on,” the judge told attorneys. “You guys know better than that.”
Impact on the Criminal Case
Hilal believes the civil verdict could have implications for the ongoing criminal case. “It’s a lesser burden [in civil court], and the state attorney has a much higher burden to meet,” Hilal said. “I feel like they’re going to have a hard time meeting that burden when they couldn’t meet it here.” A spokesperson for the Broward State Attorney’s Office told NBC6 the criminal case remains pending, with a pre-trial hearing scheduled for October 24. Curtis has pleaded not guilty to all charges.
Conclusion
The verdict in the civil lawsuit brings a measure of closure to the dispute between BDM Property Management and the Fairways of Sunrise Association, but the criminal case against Michael Curtis remains ongoing. The outcome of this case highlights the complexities and challenges of resolving disputes involving property management companies and homeowners associations. As the legal process continues, it remains to be seen how the criminal charges will be resolved and what implications this will have for the property management industry as a whole.
FAQs
- Q: What was the outcome of the civil lawsuit against BDM Property Management?
A: The jury found BDM Property Management not liable and awarded the company $1 in damages. - Q: What are the criminal charges against Michael Curtis?
A: Curtis is charged with grand theft and perjury in connection with the Fairways case. - Q: What was the reason for the State of Florida revoking Curtis’s property management license?
A: The State of Florida revoked his license, calling him a “true danger to the public.” - Q: How do the homeowners from the Fairways of Sunrise and other affected communities react to the verdict?
A: They reacted with shock and disappointment, expressing concerns about the management of their community funds. - Q: What is the current status of the criminal case against Curtis?
A: The criminal case remains pending, with a pre-trial hearing scheduled for October 24.
