Fountainhead Arrive Settlement

COMMONWEALTH OF MASSACHUSETTS


Massachusetts Housing Court
Central Division

If you were a tenant of Fountainhead Apartments or Arrive Westborough Apartments at any time between February 10, 2015 and April 18, 2023 and paid water or sewer charges or had security deposit funds withheld for alleged damage to your unit, you are entitled to receive a payment from a class action settlement.

A State Court in Massachusetts authorized this notice. This is not a solicitation from a lawyer.

  • A Settlement has been reached in a putative class action lawsuit about whether the owners of Fountainhead Apartments and Arrive Westborough Apartments unlawfully billed tenants for water and sewer charges and unlawfully withheld monies from security deposits. The Defendants in the case are Northland Fountainhead, LLC—also known as Northland—and FPACP4 Fountainhead, LLC—also known as FPA. The Defendants deny that they did anything wrong and assert certain defenses. The Court has not determined who is right.
  • Those included in the Settlement may be eligible to receive a payment from the Settlement Fund, which is $1,245,000 total. The actual amount of the payments will be based on allocations agreed to by the parties and approved by the Court after payment of attorneys’ fees and expenses and service awards approved by the Court.
  • Please read this notice carefully. Your legal rights are affected whether you act or don’t act.
  • Do not contact the Court about this Settlement. Any questions that you may have about this Notice or the Settlement should be directed to the Settlement Administrator or Class Counsel.
  • You should notify the Settlement Administrator immediately if your mailing address or email address has changed or will soon change.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
OBJECT Write to explain why you don’t like the Settlement. See Paragraph 16 of the Notice.
PARTICIPATE IN THE HEARING You can speak in Court about your opinion of the Settlement, but you are not required to do so. See Paragraph 17 of the Notice.
DO NOTHING If the records of Northland or FPA show that you paid a security deposit all or any part of which was retained for alleged damages to your unit or paid amounts billed for water and sewer charges, you will receive a payment from the Settlement Fund. Whether or not you receive a settlement payment, you will give up your right to sue the Defendants for the claims released under the Settlement Agreement. See Paragraphs 7 – 12 of the Notice.

These rights and options – and the deadlines to exercise them – are explained in this Notice.