Motion,Ex Parte: Jeamy Rodriguez, et al Plaintiff vs. Windmill Lakes Homeowners' Association, Inc. Defendant

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                                Filing# 144882011 E-Filed 03/02/2022 10:05:04 AM
 JEAMY RODRIGUEZ and SERGIO SANTA,
 IN THE CIRCUIT COURT OF THE 17TH
 individuals,
 JUDICIAL
 CIRCUIT
 IN
 AND FOR
 BROWARD COUNTY, FLORIDA
 Plaintiffs,
 CASE NO.: 2021-CA-003849
 VS.
 WINDMILL LAKES V CONDOMINIUM
 ASSOCIATION, INC., a Florida corporation,
 and WINDMILL LAKES CONDOMINIUM
 ASSOCIATION, INC., a Florida corporation,
 Defendants.
 i
 MOTION FOR LEAVE TO FILE ANSWER AND AMENDED COMPLAINT
 Plaintiffs,JEAMY RODRIGUEZ and SERGIO SANTA, by and through undersigned
 counsel, pursuant to Florida Rule of Civil Procedure 1.190, file this Motion for Leave to File
 Amended Complaint,attached hereto as an exhibit,and allegethe following:
 1.
 On February 23, 2021, Plaintiffs filed their originalcomplaint seeking recovery
 againstDefendant, Windmill Lakes V Condominium Association, Inc. After filingthe complaint,
 Plaintiffs learned that part of the common elements in dispute are within a second association
 covered by Defendant, Windmill Lakes Condominium Association, Inc. Which is the master
 association for this development. The proposed amended complaint seeks to add the master
 association as an additional defendant, adjuststhe allegations
 to differentiate the claims among the
 defendants, and allegesadditional facts occurringafter filingthe originalcomplaint.
 2.
 Florida Rule ofCivil Procedure 1.190 states that"[lleaveofcourt shallbe freelygiven
 whenjustice so requires."Furthermore, "[plublic
 policyfavors the liberal amendment ofpleading,
 and courts should resolve all doubts in favor of allowingthe amendment ofpleadingsto allow cases
 to be decided on their merits." Laurencio v. Deutsche Bank Nat7 Trust, 65 So. 3d 1190, 1193 (Fla.
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/02/2022 10:05:04 AM.****
 2d DCA 2011). "Courts should be especiallyliberal when leave to amend'is sought at or before a
 hearingon a motion for summaryjudgment."' Gate Lands Co. v. Old Ponte Vedra Beach Condo.,
 715 So. 2d 1132, 1135 (Fla.5th DCA 1998) (internalcitation omitted).
 3.
 In the current action, Plaintiffs' amended complaint will not unduly prejudice
 Defendant. The privilegeto amend has not been abused as this is Plaintiffs' first request to amend.
 Further,the amendment would not be futile as it more clearlyallegesthe proper partiesand claims
 among them. Therefore, this motion should be granted.
 WHEREFORE, Plaintiffs respectfullyrequest
 that the Court enter an order grantingthe relief
 requestedherein,deem filed the Amended Complaint attached hereto as an exhibit,and award such
 other and further relief this Court deems justand proper.
 CERTIFICATE OF SERVICE
 I HEREBY CERTIFY that a true and correct copy of the foregoingwas served by email
 through the Florida Court's E-FilingPortal on David Chaiet, Esq. (dchaiet@eisingerlaw.com;
 riacobson@eisingerlaw.com) on March 2,2022.
 Respectfullysubmitted,
 HOLIDAY HUNT RUSSELL PLLC
 Attorneys for Plaintiffs
 2699 StirlingRoad Suite A-105
 Fort Lauderdale, FL 33312
 Telephone: 954.920.5153
 Primary email:pleadinghhr@gmail.com
 secondaryemail: servicesecondary@gmail.com
 By:
 s/Holiday Hunt Russell
 HOLIDAY HUNT RUSSELL
 FLBARNO.:955914
 2
 JEAMY RODRIGUEZ and SERGIO SANTA,
 IN THE CIRCUIT COURT OF THE 17TH
 individuals,
 JUDICIAL
 CIRCUIT
 IN
 AND FOR
 BROWARD COUNTY, FLORIDA
 Plaintiffs,
 CASE NO.: 2021-CA-003849
 VS.
 WINDMILL LAKES V CONDOMINIUM
 ASSOCIATION, INC., a Florida corporation,
 and WINDMILL LAKES CONDOMINIUM
 ASSOCIATION, INC., a Florida corporation,
 Defendants.
 I
 AMENDED COMPLAINT
 Plaintiffs,JEAMY RODRIGUEZ and SERGIO SANTA, sue Defendants, WINDMILL
 LAKES V CONDOMINIUM ASSOCIATION, INC. and WINDMILL LAKES CONDOMINIUM
 ASSOCIATION, INC., and allegethe following:
 JURISDICTIONAL ALLEGATIONS
 1.
 This is an action for damages in excess of $30,000 exclusive of interest,court costs
 and attorneys'fees,and injunctiverelief,all within the subjectmatter jurisdictionof the Court.
 2.
 Plaintiffs,JEAMY RODRIGUEZ and SERGIO SANTA, are married individuals
 (collectively
 referred to herein as "Santa") who reside in Broward County, Florida and who are
 otherwise suijuris.
 3.
 Defendant, WINDMILL LAKES V CONDOMINIUM ASSOCIATION, INC. (the
 "Windmill Lakes V") is a non for profitcorporationorganizedand existingunder Florida law and
 which operates as the Chapter 718 condominium association overseeingthe common elements and
 limited common elements of a portionof the property at issue in this case.
 4.
 Defendant,
 WINDMILL LAKES CONDOMINIUM ASSOCIATION, INC.
 ("Windmill Lakes Master Association")is a non for profitcorporationorganizedand existingunder
 Florida law and which operates as the Chapter 718 condominium association overseeingthe common
 elements and limited common elements of a portionof the property at issue in this case.
 5.
 Personal jurisdictionover Defendant attaches pursuant to Florida Statues § 48.193.
 6.
 Venue over this proceedinglies in this Court pursuant to Florida Statutes § 47.011.
 COMMON ALLEGATIONS
 7.
 Since May 27,2005, Santa has been the owner ofthe real property commonly known
 as 8768 SW 3,rd Street,Unit 202, Pembroke Pines, Florida 33025, bearingthe legaldescription:
 Condominium Unit 3-202, WINDMILL LAKES V - THE CONDOMINIUM, accordingto the
 Declaration of Condominium thereof,as recorded in Official Records Book 35440, Page 1327, of
 the Public Records of Broward County, Florida,as amended from time to time,and bearingParcel
 IdentificationNumber 5141 16 AE 0320, pursuantto warranty deed, a true and correct copy ofwhich
 is attached hereto as Exhibit "A" which is incorporatedherein by this reference (the"Property").
 8.
 The Property is located within the multi-phasedevelopment known as Windmill
 Lakes located in Pembroke Pines, Broward County, Florida, consistingof a series of five
 condominium buildingswhich each share certain common elements includinga common roofing
 system, and which collectively
 under the auspicesofthe Windmill Lakes Master Association share
 common elements that serve all phasesofthe development,includingthe pool,related facilities,
 and
 entry gate, all discussed in more detail below.
 9.
 Given the attached nature ofthe housing,and giventhe nature ofWindmill Lakes as
 condominium housing,Windmill Lakes and the Property are governed by Windmill Lakes V
 2
 Condominium Association,Inc. and/or the Windmill Lakes Master Association as a condominium
 association within the meaning of Chapter 718, Florida Statues (the"Association").
 10.
 A true and correct copy of Windmill Lakes V's governing Declaration of
 Condominium is attached hereto as Exhibit "B" which is incorporatedherein by this reference.
 11.
 A true and correct copy of Windmill Lakes Master Association's governing
 Declaration of Condominium is attached hereto as Exhibit "C" which is incorporatedherein by this
 reference.
 12.
 Windmill Lakes Master operates as the master association which controls a portion
 of the common elements and limited common elements that serve the entire Windmill Lakes
 development,includingthe pool,club house, related facilities and community entry gate.
 13.
 The undersignedfirm was originally
 retained by Santa in our about Februaryof2021
 to address the fact that the roofingsystem of the Property is failing,
 and must be replaced,and that
 the community entrance gate and community pool facilities includingconnected clubhouse are in
 disrepairand are nonfunctional. The roof, at all times material hereto, was leaking within the
 Property and likelyin the neighboring units.
 14.
 The condominium that the Property is located within contains 64 units all of which
 share a common roofingstructure. As such, maintenance ofthe roof ofthe Property(theunit at issue
 is on the second floor ofthe condominium) is Windmill Lakes V's obligationunder the Declaration
 of Condominium, § 718.113 of the Florida Statutes,and as otherwise providedby Florida law.
 15.
 Pursuant to the Declaration and § 718.113, Windmill Lakes Master Association is
 also responsiblefor maintainingthe community entry gate and swimming pool facilities including
 the clubhouse.
 3
 16.
 Windmill Lakes V and Windmill Lakes MasterAssociation, after demand dulymade,
 refuse to fix the roof,the entry gate or the pool facilities and clubhouse.
 17.
 All conditions precedentto maintenance of this action have occurred, or have been
 performed, waived or excused.
 18.
 Plaintiffs have retained the undersignedlaw firm as their attorneys, and are obligated
 to pay a reasonable attorneys'fee to the firm and all costs incurred in connection with this action.
 COUNT I - BREACH OF DECLARATION AND VIOLATION OF CHAPTER 718
 19.
 Plaintiffs reallegeand incorporateby referenceparagraphs1 through 18 as iffullyset
 forth herein.
 20.
 This is an action for injunctiverelief and damages brought pursuant to Florida
 Statutes § 718.303(1) for violation of the Declaration and Florida Statutes § 718.113.
 21.
 The Property is subjectto Windmill Lakes V, Windmill Lakes Master Association,
 their respectiveDeclarations and Chapter 718 of the Florida Statutes.
 22.
 The Declarations are legallybindingand enforceable contracts pursuant to which the
 partieshereto have certain legalrightsand obligations.
 23.
 Pursuant to the Declarations and § 718.113, Windmill Lakes V and Windmill Lakes
 Master Association have the legalduty to maintain the common elements and limited common
 elements, includingthe roofingsystem servingthe Property,the community gate system and the
 community pool facilities and clubhouse.
 24.
 Windmill Lakes V and Windmill Lakes Master Association have breached the
 Declarations and § 718.113 by refusingto timelyrepair,maintain and/or replacethe roof,the gate
 and the pool facilities and related clubhouse facilities.
 4
 25.
 Windmill Lakes V's and Windmill Lakes Master Association's breach of the
 Declarations and violation of § 718.113 has damaged Santa in an amount to be proven at trial,
 including reduction in value of the Property, and the cost to diagnose, repair,replace and/or
 remediate property damaged by mold, moisture, and humidity directlyand proximately caused by
 failure of Windmill Lakes V to maintain the roof. Additionally,pursuant to § 718.303(1), Santa
 seeks award of damages in an amount necessary to reimburse them for their share of assessments
 levied by Windmill Lakes V and the Master Association to fund its expenses in this litigation,
 includingthe pro-rata share ofany assessments levied to pay damages awarded to Santa in this action
 includingattorneys'fees and costs.
 26.
 In addition to monetary damages, Santa seeks entry of injunctiverelief designedto
 stop further violation of the Declarations and § 718.113, and to compel Windmill Lakes V and
 Windmill Lakes Master Association to perform their respectivemaintenance obligationsunder the
 same includingbut not limited to repairof the roof,the gate and the pool facilities and related
 clubhouse, and otherwise to repair,replaceand/or maintain as necessary all other common elements
 and limited common elements within the purview of each association.
 27.
 Since the time offilingthe originalcomplaintinthis action,Windmill Lakes V and/or
 the Master Association have taken some action to repairthe roof,but have not timelycompleted the
 roof repairs,and have not addressed the damage caused by the leakingroof to Plaintiffs' particular
 property at issue. But for the filing
 of Plaintiffs' complaint,Windmill Lakes V and/or the Master
 Association would have taken no action to repairthe roof,and even though it has started,it has not
 completed such that damages continue to accrue to Plaintiffs.
 5
 28.
 Though Santa has a legalremedy to compensate them for the damages caused to their
 own property as a result of Windmill Lakes V's and Windmill Lakes Master Association's failure
 to maintain the common elements and limited common elements, they have no adequate legal
 remedy to stop Windmill Lakes V's and Windmill Lakes Master Association's ongoing violation of
 the Declarations and § 718.113, or to compel Windmill Lakes V and Windmill Lakes Master
 Association to perform their respectivemaintenance duties to repair,replaceand/or maintain as
 requiredthe roof structure, the community gate facilities and the community pool facilities and
 related facilities and clubhouse.
 29.
 Irreparable
 harm will result if injunctiverelief is not awarded, because failure to
 maintain the roof leads to increased risk that the roofingsystem servingthe condominium could fail,
 in turn leadingto destruction of all or a part of those propertiesand personalproperty contained
 therein,and potentialloss of life of those livingin the propertiesif the roof fails by blowing off
 duringa hurricane or collapsesduringa storm. The same holds true with failure to maintain the gate
 facility
 and the pool facilities and related structures includingclubhouse such that physicalinjury
 could occur.
 30.
 Plaintiffs have a clear legal rightto the relief requested herein pursuant to the
 Declarations and § 718.113 as allegedherein.
 31.
 The publicinterest will not be disserved if injunctiverelief is awarded to Plaintiffs.
 WHEREFORE, Plaintiffs demand entry ofjudgment againstDefendants as follows:
 a.
 for the full amount of their actual and specialdamages allegedherein;
 6
 b.
 preliminary,
 permanent and mandatory injunctiverelief to compel Windmill Lakes
 V and Windmill Lakes Master Association to perform their maintenance obligations
 and enjoinfurther violations of the Declaration and § 718.113;
 C.
 appointment of a receiver to oversee compliance by Windmill Lakes V with its
 maintenance duties under the Declarations and § 718.113;
 D.
 attorneys'fees pursuant to the Declaration and Chapter 718.303;
 e.
 taxable court costs and pre- and post-judgmentinterest;and
 r.
 such other and further relief as the Court deems justand proper.
 CERTIFICATE OF SERVICE
 I HEREBY CERTIFY that a true and correct copy of the foregoingwas served by email
 through the Florida Court's E-FilingPortal on David Chaiet, Esq. (dchaiet@eisingerlaw.com;
 riacobson@eisingerlaw.com) on March 2,2022.
 Respectfullysubmitted,
 HOLIDAY HUNT RUSSELL PLLC
 Attorneys for Plaintiffs
 2699 StirlingRoad Suite A-105
 Fort Lauderdale, FL 33312
 Telephone: 954.920.5153
 Primary email:pleadinghhr@gmail.com
 secondaryemail: servicesecondary@gmail.com
 By:
 s/Holiday Hunt Russell
 HOLIDAY HUNT RUSSELL
 FLBARNO.:955914
 7
 CFN # 105057809, OR BK 39772
 Page 1568, Page
 1 of 3, Recorded 06/03/2005 at
 08:09 AM, Broward County Commission, Doc. D
 $1232.00 Deputy Clerk 1926
 Prepared by and return to:
 Daniel P. Wurtenberger
 Attorney at Law
 Adorno & Yoss, LLP
 350 East Las Olas Boulevard Suite 1700
 Fort Lauderdale, FL 33301
 File Number: 213120-0001
 [Space Above This Line For Recording Data]
 Warranty Deed
 This Warranty Deed made this 27th day of May, 2005 between DANILO E. ROMERO SARDINA, a married man,
 joined by his wife, MERCEDES CARMONA, grantor, and SERGIO A. SANTA and JEAMY C. RODRIGUEZ,
 husband and wife whose post office address is 8768 SW 3rd Street, #3-202, Pembroke Pines, FL 33025, grantee:
 (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal mpresentatives, and assigns of
 individuals, and the successors and assigns of corporations, trusts and trustees)
 Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
 good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
 has granted, bargained, and sold to the said grantee, and grantee'sheirs and assigns forever, the following described land,
 situate, lying and being in Broward County, Florida to-wit:
 Condominium Unit 3-202, WINDMILL LAKES V - THE CONDOMINIUM, according to the
 Declaration of Condominium thereof, as recorded in Official Records Book 35440, Page 1327, of the
 Public Records of Broward County, Florida, as amended from time to time.
 Parcel Identification Number: 5141 16 AE 0320
 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
 To Have and to Hold, the same in fee simple forever.
 And the garner hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
 grantor has good rightand lawful authority to sell and convey said land; that the grantor hereby fullywarrants the title to said
 land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
 encumbrances, except taxes accruing subsequent to December 31, 2004.
 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written,
 Exhibit "AT
 DoubleTimee
 CFN # 105057809, OR BK
 39772
 PG
 1569,
 Page
 2 of 3
 Signed, sealed and delivered in our presence:
 (Seal)
 ame: PR'NN
 QWUr
 UloE. ROMERO sxkDINA
 Witne'N-SAMez
 -"7'I.
 -/I/1 I 121
 Jimf4 AUtt Sand\.12
 State of Florida
 County of Broward
 The foregoing instrument was acknowledged before me this 27th day of May, 2005 by DANILO E. ROMERO SARDINA,
 who U is personallyknown or [X] has produced a driver's license a?*ttfication.
 [Notary Seal]
 /?'>4.
 DANIEL P WURTENBERGER
 Ksj??m?1
 AMM
 7
 ?Iephone
 Ust ALL peoplewho willrve in the Unit(including Buyers)c<);
 AGMAA.JDnes
 PGOMWRJWBHWKO
 >>>>
 8-768csW .SZI SM.et
 Mailingaddress for Buyer afterclosing:
 UIW+ZDZ PembvDiyeANes,FP33DZ5
 SELLERS' INFORMATION
 In accordance with the provisionsof the Condominium Documents, the following
 is furnished in supportof this
 applicationIbr approval.I/ We requestthe Associa?ons approvalof the above transaction.
 D3nib
 1st Seller
 E.iROMenJ
 2nd Seller
 Merudes Carmona
 PRINT NAME
 PRINT NAME
 Address
 87 Gf- ?kw-34 #.T?4 rHmbds. BAiY'--Stgeiap 33025
 mm -L954/270-8970
 mm MY)270-8908
 lst Sellerr-7-t
 SIGN NAME
 L-----SI@N*[AME
 , ASSOCIVIQURNATURES
 BELOW INDICATEAPPR/OVA?j
 Board Member beeIi??5
 OWR Bo?dMember
 W?ess my hand and omcial seal in Broward
 /1 ?d
 County,Florida this
 ?P?XI?,XM
 /
 CrZUeG
 ay ,2005.
 SLiec-
 Msmwre
 w=alaf?#fti
 Page 2
 seal
 *i,iTniu?./
 ARI5TA MANAGEMENT GROUP
 -
 SOUTH, INC.
 ?2&??-9*60 s.w. 10 5rREEr SORE-101 *MBR6KE'MNES,FL 33027
 (954) 436-5888
 CFN # 103047512, OR BK 35440
 Page 1327, Page
 1 of 105, Recorded 06/23/2003 at
 12:25 PM, Broward County Commission,
 Deputy Clerk 1922
 ->WILL CM L
 CLENBERGTRAURIG, PA.
 This instrument prepared by, or under the supervision of
 (and after recording, return to):
 Gary A. Saul, Esq.
 Greenberg Traurig, P.A.
 1221 Brickell Avenue
 Miami, FL 33131
 (Reserved for Clerk of Court)
 DECLARATION
 OF
 WINDMILL LAKES V, THE CONDOMINIUM
 S.A.S.K., Inc., a New Jersey corporation, hereby declares:
 1.
 Introduction and Submission.
 1.1
 The Land. The Developer owns the fee title to certain land located in Broward County,
 Florida, as more particularlydescribed in Exhibit "1" attached hereto (the .Land").
 1.2
 Submission Statement. The Developer hereby submits the Land and al! improvements
 ereded or to be erected thereon, and all other property, real, personal or mixed, now or
 hereafter situated on or within the Land - but excluding all public or private (e.g. cable
 television and/or other receiving or transmitting lines,antennae or equipment) utility
 installations therein or thereon, and all leased property therein or thereon - to the
 condominium form of ownership and use in the manner provided for in the Florida
 Condominium Act as it exists on the date hereof and as it may be hereafter renumbered.
 Without limitingany of the foregoing, no property, real, personal or mixed, not located
 within or upon the Land as aforesaid shall for any purposes be deemed part of the
 Condominium or be subject to the jurisdiction of the Association, the operation and effect
 of the Florida Condominium Act or any rules or regulations promulgated pursuant
 thereto, unless expressly provided.
 1.3
 Name. The name by which this condominium is to be identified is WINDMILL LAKES
 V, THE CONDOMINIUM (hereinafter called the "Condominium").
 2
 Definitions.
 The following terms when used in this Declaration and in its exhibits, and as it and
 they may hereafter be amended, shall have the respective meanings ascribed to them in this
 Section, except where the context clearlyindicates a different meaning:
 2.1
 "Act" means the Florida Condominium Act (Chapter 718 of the Florida Statutes) as it
 exists on the date hereof and as it may be hereafter renumbered.
 2.2
 UArtides" or nArtides of Incorporation" means the Articles of Incorporation of the
 Association, as amended from time to time.
 2.3
 "Assessment" means a share of the funds required for the payment of Common
 Expenses which from time to time is assessed against the Unit Owner.
 2.4
 "Association"
 or
 "Condominium
 Association"
 means
 WINDMILL LAKES V
 CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, the
 sole entity responsible for the operation of the Condominium.
 2.5
 "Association Property" means that property, real and personal, which is owned or leased
 by, or is dedicated by a recorded plat to, the Association for the use and benefit of its
 members.
 2.6
 "Board" or "Board of Director's" means the board of directors, from time to time, of the
 Association. Diredors must be natural persons who are 18 years of age or older. Any
 Exhibit "B'
 L
 n7
 O
 OR BK
 35440
 PG
 1328,
 Page
 2 of 105
 (Reserved for Clerk of Court)
 person who has been convided of any felony by any court of record in the United States
 and who has not had his or her rightto vote restored pursuant to law in the jurisdidion
 of his or her residence is not eligible
 for Board membership.
 2,7
 "Building" means the strudure(s) in which the Units and the Common Elements are
 located, regardless of the number of such strudures, which are located on the
 Condominium Property.
 2.8
 "By-Laws" means the By-Laws of the Association, as amended from time to time.
 2.9
 "Committee" means a group of Board Members, Unit Owners or Board Members and Unit
 Owners appointed by the Board or a member of the Board to make recommendations to
 the Board regarding the proposed annual budget or to take adion on behalf of the
 Board.
 2.10
 "Common Elements" means and includes:
 (a)
 The portions of the Condominium Property not included within the Units.
 (b)
 Easements through Units for conduits, ducts, plumbing, wiring and other facilities
 for the furnishing of utilityand other services to Units and the Common
 Elements.
 (c)
 An easement of support in every portion of a Unit which contributes to the
 support of the Building.
 (d)
 The property and installations required for the furnishing of utilities and other
 services to more than one Unit or to the Common Elements.
 (e)
 Any other parts of the Condominium Property designated as Common Elements
 in this Declaration.
 2.11
 "Common Expenses" means all expenses incurred by the Association for the operation,
 maintenance, repair, replacement or protedion of the Common Elements and Assodation
 Property, the costs of carrying out the powers and duties of the Association, and any
 other expense, whether or not included in the foregoing, designated as a "Common
 Expense" by the Act, the Declaration, the Articles or the Bylaws. For all purposes of this
 Declaration, "Common Expenses" shall also include, without limitation: (a) all reserves
 required by the Act or otherwise established by the Association, regardless of when
 reserve funds are expended; (b) the cost of a master antenna television system or duly
 franchised cable television service obtained pursuant to a bulk contract; (c) if applicable,
 costs relating to reasonable transportation services, insurance for directors and officers,
 road maintenance and operation expenses, in-house and/or interadive communications
 and surveillance systems; (d) the real property taxes, Assessments and other
 maintenance expenses attributable to any Units acquired by the Association or any
 Association Property; (e) all expense of installation,repair, and maintenance of hurricane
 shutters by the Board (provided, however, that a Unit Owner who has already installed
 hurricane shutters (or other acceptable hurricane protedion) shall receive a credit equal
 to the pro ata portion of the assessed installation cost assigned to each Unit, but shall
 not
 be excused from any portion of expenses related to maintenance, repair,
 replacement or operation of same); (f) any lease payments required under leases for
 mechanical equipment, including without limitation, leases for recycling equipment, as it
 is intended that any such recycling equipment be leased rather than owned, and (g) any
 unpaid share of Common Expenses or Assessments extinguished by foreclosure of a
 superior lien or by deed in lieu of foreclosure.
 Common Expenses shall not include any
 separate obligationsof individual Unit Owners.
 2.12
 "Common Surplus" means the amount of all receipts or revenues, including assessments,
 rents
 or profits, colleded by a oondominium association which exceeds Common
 Expenses.
 Declaration
 -2-
 OR BK
 35440
 PG
 1329,
 Page
 3 of 105
 (Reserved for Cierk of Court)
 2,13
 "Condominium Parcel" means a Unit together with the undivided share in the Common
 Elements which is appurtenant to said Unit; and when the context permits, the term
 includes all other appurtenances to the Unit.
 2.14
 "Condominium Property" means the Land, Improvements and other property described in
 Section 1.2 hereof, subject to the limitations thereof and exclusions therefrom.
 2.15
 "County" means the County of Broward, State of Florida.
 2.16
 "Declaration" or "Declaration of Condomjnium" means this instrument and all exhibits
 attached hereto, as same may be amended from time to time.
 2.17
 "Developer" means S.A.S.K., Inc., a New Jersey corporation, its successors and such
 of its assigns as to which the rights of Developer hereunder are specificallyassigned.
 Developer may assign all or a portion of its rights hereunder, or all or a portion of such
 rights in connedion with specific portions of the Condominium.
 In the event of any
 partial assignment, the assignee shall not be deemed the Developer, but may exercise
 such rights of Developer as are specificallyassigned to it. Any such assignment may be
 made on a nonexclusive basis.
 The rights of Developer under this Declaration are
 independent of the Developer's rightsto control the Board of Directors of the Association,
 and, accordingly, shall not be deemed waived, transferred or assigned to the Unit
 Owners, the Board or the Association upon the transfer of control of the Association.
 2.18
 "Dispute", for purposes of Section 18.1, means any disagreement between two or more
 parties that involves: (a) the authority of the Board, under any law or under this
 Declaration, the Articles or By-Laws to: (i)require any Owner to take any action, or not
 to take any adion, involving that Owner's Unit or the appurtenances thereto; or (ii)alter
 or add to a common area or Common Element; or (b) the failure of the Association,
 when required by law or this Declaration, the Articles or By-Laws to: (i)properly condud
 elections; (ii)give adequate notice of meetings or other actions; (iii)properly conduct
 meetings; or (iv)allow inspedion of books and records. "Dispute" shall not include any
 disagreement that primarily involves title to any Unit or Common Element; the
 interpretation or enforcement of any warranty; or the levy of a fee or Assessment or the
 collection of an Assessment Ievied against a party.
 2.19
 "Division" means the Division of Florida Land Sales, Condominiums and Mobile Homes of
 the Department of Business and Professional Regulation, State of Florida, or its
 successor.
 2.20
 "First Mortgagee" means the holder of a first mortgage on a Unit or Units.
 2.21
 "Homeowners' Association" means Windmill Lakes Homeowners' Association, Inc., a
 Florida not for profit corporation, being the entity responsible for the administration of
 the Homeowners' Covenants.
 2.22
 "Homeowners' Covenants" mean that certain Declaration of Covenants, Restridions and
 easements for Windmill Lakes, recorded May 23,2002 in Official Records Book 33175,
 Page 1643 of the Public of Broward County, Florida, and when the context permits, shall
 also mean the Articles of Incorporation and By Laws of the Homeowners' Association, all
 as now or hereafter amended, modified or supplemented.
 2.23
 "Improvements" mean all structures and artificial changes to the natural environment
 (exclusive of landscaping) located on the Condominium Property, including, but not
 limited to, the Building.
 2.24
 "Institutional First Mortgagee" means a bank, savings and loan association, insurance
 company, real estate or mortgage investment trust, pension fund, an agency of the
 United States Government, mortgage banker, the Federal National Mortgage Association
 CFNMA"), the Federal Home Loan Mortgage Corporation CFHLMC") or any other lender
 generally recognized as an institutional Iender, or the Developer, holding a first mortgage
 Dedaration
 -3
 OR BK
 35440
 PG
 1330,
 Page
 4 of 105
 (Reserved for Clerk of Court)
 on a Unit or Units. A "Majority of Institutional First Mortgagees" shall mean and refer to
 Institutional First Mortgagees of Units to which at least fifty-onepercent (51%) of the
 voting interests of Units subject to mortgages held by Institutional First Mortgagees are
 appurtenant.
 2.25
 "Limited Common Elements" mean those Common Elements the use of which is reserved
 to a certain Unit or Units to the exclusion of other Units, as specified in this Declaration.
 References herein to Common Elements also shall include all Limited Common Elements
 unless the context would prohibit or it is otherwise expressly provided.
 2.26
 "Primary Institutional First Mortgagee" means the Institutional First Mortgagee which
 owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness
 than is owed to any other Institutional First Mortgagee.
 2.27
 "Unit" means a part of the Condominium Property which is subjed to exclusive
 ownership.
 2.28
 "Unit Owner" or "Owner of a Unit" or "Owner" means a record owner of legal title to a
 Condominium Parcel.
 Unless the context otherwise requires, any capitalizedterm not defined but used herein which is
 defined in the Homeowners' Covenants 5hall have the meaning given to such word or words in such
 document.
 3.
 Description of Condominium.
 3.1
 Identification of Units. The Land has constructed thereon five (5) Buildings containing a
 total of sixty-four(64) Units. Each such Unit is identified by a separate numerical and/or
 alpha-numerical designation.
 The designation of each of such Units is set forth on
 Exhibit "2" attached hereto.
 Exhibit "2" consists of a survey of the Land, a graphic
 description of the Improvements located thereon, including, but not limited to, the
 Building in which the Units are located, and a plot plan thereof.
 Said Exhibit 7,
 together with this Declaration,is sufficient in detail to identifythe Common Elements and
 each Unit and their relative locations and dimensions. There shall pass with a Unit as
 appurtenances thereto:
 (a) an undivided share in the Common Elements and Common
 Surplus; (b) the exclusive right to use such portion of the Common Elements as may be
 provided in this Declaration, including the right to transfer such right to other Units or
 Unit Owners; (c) an exclusive easement for the use of the airspace occupied by the Unit
 as it exists at any particular time and as the Unit may lawfully be altered or reconstruded
 from time to time, provided that an easement in airspace which is vacated shall be
 terminated automatically; (d) membership in the Association with the full voting rights
 appurtenant thereto; and (e) other appurtenances as may be provided by this
 Declaration.
 3.2
 Unit Boundaries. Each Unit shall include that part of the Building containing the Unit that
 lies within the following boundaries:
 (a)
 UPper and Lower Boundaries. The upper and lower boundaries of the Unit shall
 be the following boundaries extended to their planar intersections with the
 perimetrical boundaries:
 Hi
 Upner Boundaries. The horizontal plane of the unfinished lower surface
 of the ceiling(which will be deemed to be the ceilingof the upper story
 if the Unit is a multi-story Unit, provided that in multi-story Units where
 the lower boundary extends beyond the upper boundary, the upper
 boundary shall include that portion of the ceiling of the lower floor for
 which there is no corresponding ceiling on the upper floor directlyabove
 such bottom floor ceiling).
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 (ii)
 Lower Boundaries. The horizontal plane of the unfinished upper surface
 of the floor of the Unit (which will be deemed to be the floor of the first
 story if the Unit is a multi-story Unit, provided that in multi-story Units
 where the upper boundary extends beyond the lower boundary, the
 lower boundary shall include that portion of the floor of the upper floor
 for which there is no corresponding floor on the bottom floor directly
 below the floor of such top floor).
 (iii)
 Interior Divisions.
 Except as provided in subsections 3.2(a)(i)and 3,2(a)(ii)above, no
 part of the fioor of the top floor,ceiling of the bottom floor,stairwell adjoining the multi-
 floors, in all cases of a multi-story Unit, if any, or nonstructural interior walls shall be
 considered a boundary of the Unit.
 (b)
 Perimetrical Boundaries.
 The perimetrical boundaries of the Unit shall be the
 vertical planes of the unfinished interior surfaces of the walls bounding the Unit
 extended to their planar intersections with each other and with the upper and
 lower boundaries.
 (C)
 8?[ttgm. Where there are apertures in any boundary, including, but not limited
 to, doors and skylights,such boundaries shall be extended to include the doors
 and other fixtures located in such apertures, excluding windows, but including all
 frameworks, window casings and weather stripping thereof, together with
 exterior
 surfaces made of glass or other transparent materials; provided,
 however, that the exteriors of doors facing interior Common Element hallways
 shall
 not be included in the boundaries of the Unit and shall therefore be
 Common Elements. Notwithstanding anything herein contained to the contrary,
 any elevators (including all mechanical equipment serving, and housing for the
 elevators) solely serving a Unit (to the exclusion of all other Units) shall be
 deemed part of the Unit, Further, not withstanding anything to the contrary, the
 structural components of the Buildingare expressly excluded from the Units and
 are instead deemed Common Elements.
 (d)
 Exceptions.
 In cases not specifically
 covered above, and/or in any case of
 conflict or ambiguity, the survey of the Units set forth as Exhibit "2" hereto shall
 control in determining the boundaries of a Unit, except that the provisions of
 Section 3.2(c) above shall control unless specificallydepided and labeled
 otherwise on such survey.
 3.3
 Limited Common Elements. Each Unit may have, to the extent applicable and subject to
 the provisions of this Declaration, as Limited Common Elements appurtenant thereto:
 (a)
 Patios, Balconies, Courtyards and Terraces.
 Any patio, balcony, courtyard or
 terrace (and all improvements thereto) as to which direct and exclusive access
 shall be afforded to any particular Unit or Units to the exclusion of others shall be
 a Limited Common Element of such Unit(s).The Association shall be responsible
 for the maintenance of the structural and mechanical elements of any such
 Limited Common Elements, with the owner of the Unit to which they are
 appurtenant responsible for the costs of same and, directly, for the general
 cleaning, plant care and the upkeep of the appearance of the area(s) and for any
 and all costs for the maintenance, repair and/or replacement of any screens
 (whether on windows or doors) screened enclosures and screen doors serving
 the Unit.
 (b)
 Parking Soaces .
 Each parking space shown on Exhibit "2" hereto shall be a
 Limited Common Element only upon it being assigned as such to a particularUnit
 in the manner described herein.
 Developer hereby reserves the right to assign,
 with or without consideration, the exclusive right to use any parking space
 located within the Common Elements of the Condominium to one or more Units,
 whereupon the space so assigned shall be deemed a Limited Common Element
 of the Unit(s) to which it is assigned. Such assignment shall not be recorded in
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 the Public Records of the County but, rather, shall be made by way of instrument
 placed in the official records of the Association (as same are defined in the By-
 Laws).
 Further, a Limited Common Element parking space may be relocated at
 any time, and from time to time, by the Board to comply with applicable Federal,
 State and local laws and regulations regarding or affecting handicap accessibility.
 A Unit Owner may assign the Limited Common Element parking space
 appurtenant to his or her Unit to another Unit by written instrument delivered to
 (and to be held by) the Association. The maintenance of any parking space so
 assigned shall be the responsibilityof the Association.
 (c)
 Storaae Spaces . Any storage spaces located within a Limited Common Element
 Terrace, shall be deemed a Limited Common Element of the Unit served by that
 Terrace.
 The maintenance of any storage space so assigned shall be the
 responsibility
 of the Association.
 (d)
 Miscellaneous Areas. Equipment.
 Any fixtures or equipment (e.g., an air
 conditioning compressor, other portions of any air conditioning systems or hot
 water heater) serving a Unit or Units exclusively and any area (e.g., a closet,
 ground slab or roof surface) upon/within which such fixtures or equipment are
 located shall be Limited Common Elements of such Unit(s). Without limiting the
 foregoing, each air conditioning unit (and all equipment and fixtures constituting
 an individual air conditioning system) located on the roof of a Building which
 serves one Unit shall be deemed a Limited Common Element of the Unit it
 serves. The maintenance of any such equipment and/or areas so assigned shall
 be the sole responsibility
 of the Owner of the Unit(s) to which it is appurtenant.
 (e)
 Other. Any other portion of the Common Elements which, by its nature, cannot
 serve all Units but serves one Unit or more than one Unit (i.e.,any hallway
 and/or elevator landing serving a single Unit or more than one (1) Unit owned by
 the same Owner) shall be deemed a Umited Common Element of the Unit(s)
 served and shall be maintained by said Owner. In the event of any doubt or
 dispute as to whether any portion of the Common Elements constitutes a Limited
 Common Element or in the event of any question as to which Units are served
 thereby, a decision shall be made by a majority vote of the Board of Diredors of
 the Association and shall be binding and conclusive when so made.
 To the
 extent of any area deemed a Limited Common Element hereunder, the Owner of
 the Unit (s)to which the Limited Common Element is appurtenant shall have the
 right to alter same as if the Limited Common Element were part of the Owner's
 Unit, rather than as required for alteration of Common Elements.
 3.4
 Easements. The following easements are hereby created (in addition to any easements
 created under the Act and any easements affeding the Condominium Property and
 recorded in the Public Records of the County):
 (a)
 SUQRQ[t. Each Unit, the Building and the Improvements shall have an easement
 of support and of necessity and shall be subject to an easement of support and
 necessity in
 favor of all other Units, the Common Elements, and/or the
 Association Property and any other structure or improvement which abuts any
 Unit,
 the Building or any Improvements, including without limitation, any
 strudures governed by the Homeowners' Covenants.
 (b)
 Utilityand Other Services; Drainaqe.
 Easements are reserved under, through
 and over the Condominium Property as may be required from time to time for
 utility,cable television, communications and monitoring systems, and other
 services and drainage in order to serve the Condominium and/or members of the
 Association or the Homeowners' Association.
 A Unit Owner shall do nothing
 within or outside his or her Unit that interferes with or impairs, or may interfere
 with or impair, the provision of such utility,cable television, communications and
 security systems, or other service or drainage facilities or the use of these
 easements.
 The Association shall have a right of access to each Unit to
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 maintain, repair or replace the pipes, wires, ducts, vents, cables, conduits and
 other utility,cable television, communications and similar systems, service and
 drainage facilities,
 and Common Elements contained in the Unit or elsewhere in
 the Condominjum Property, and to remove any Improvements interferingwith or
 impairing such facilities or easements herein reserved; provided such right of
 access, except in the event of an emergency, shall not unreasonably interfere
 with the Unit Owner's permitted use of the Unit, and except in the event of an
 emergency, entry shall be made on not less than one (1) days' notice (which
 notice shall not, however, be required if the Unit Owner is absent when the
 giving of notice is attempted).
 (c)
 Encroachments.
 If (i) any portion of the Common Elements encroaches upon
 any Unit (or Limited Common Element appurtenant thereto); (ii)any Unit (or
 Limited Common Element appurtenant thereto) encroaches upon any other Unit
 or upon any portion of the Common Elements; (iii)any Improvements encroach
 upon Common Properties or the property of any other properties within Windmill
 Lakes; (iv) any Common Properties or "improvements" of another portion of
 Windmill
 Lakes
 encroach
 upon the Condominium
 Property;
 or (v) any
 encroachment shall hereafter occur as a result of (A) settlingor shiftingof the
 Improvements; (B) any alteration or repair to the Common Elements made by or
 with the consent of the Association or Developer, as appropriate, or (C) any
 repair or restoration of the Improvements (or any portion thereof) or any Unit
 after damage by fire or other casualty or any taking by condemnation or eminent
 domain proceedings of all or any portion of any Unit or the Common Elements,
 then, in any such event, a valid easement shall exist for such encroachment and
 for the maintenance of same so long as the Improvements or the relevant
 "improvements" of another portion of Windmill Lakes shall stand.
 (d)
 Ingress and Egress. A non-exclusive easement in favor of each Unit Owner and
 resident, their guests and invitees, and for each member of the Association and
 the Homeowners' Association shall exist for pedestrian traffic over, through and
 across sidewalks, streets, paths, walks, and other portions of the Common
 Elements and Association Property as from time to time may be intended and
 designated for such purpose and use by the Board; and for vehicular and
 pedestrian traffic over, through and across, and parking on, such portions of the
 Common Elements and Association Property as from time to time may be paved
 and intended for such purposes.
 None of the easements specified in this
 subparagraph 3.4(d) shall be encumbered by any Ieasehold or Iien other than
 those on the Condominium Parcels. Any such lien encumbering such easements
 (other than those on Condominium Parcels) automatically shall be subordinate to
 the rights of Unit Owners and the Association with respect to such easements.
 (e)
 Development: Maintenance.
 The Developer (including its affiliates and its or
 their designees, contradors, successors and assigns) shall have the right, in its
 (and their)sole discretion from time to time, to enter the Condominium Property
 and take all other adion necessary or convenient for the purpose of undertaking
 and
 completing
 any renovations thereof,
 or
 any part
 thereof,
 or
 any
 Improvements or Units
 located
 or
 to
 be
 located
 thereon,
 and/or
 any
 improvements located adjacent thereto and for repair, replacement and
 maintenance or warranty purposes or where the Developer, in its sole discretion,
 determines that it is required or desires to do so.
 C0
 Sales Adivitv.
 For as long as the Developer retains any ownership interest in
 any portion of Windmill Lakes, the Developer, its designees, successors and
 assigns, shall have the right to use any such Units and parts of the Common
 Elements, Association Property for guest accommodations, model apartments
 and sales and construdion offices, to show model Units and the Common
 Elements to prospedive purchasers and tenants of Units, and to erect on the
 Condominium Property and Association Property signs and other promotional
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 material to advertise Units or other portions of the land governed by the
 Homeowners' Covenants for sale or lease,
 (g)
 Homeowners' Association Easements.
 The Homeowners' Association and its
 agents, employees, contractors and assigns shall have an easement to enter
 onto the Condominium Property for the purpose of performing such fundions as
 are permitted or required to be performed by such Association by the
 Homeowners' Covenants, including, but not limited to, safety and maintenance
 adivities and enforcement of architedural control restridions.
 All easements
 and rights provided for in the Homeowners' Covenants in favor of the
 Homeowners' Association,
 its
 respective
 members and/or the Declarant
 thereunder, are hereby granted to said Association and its members and the
 Declarant, and its and their assignees, designees and nominees.
 (h)
 Reserved Easements.
 The right of the Unit Owners to use and possess the
 Common Elements as set forth herein shall be subjed to a blanket easement
 over the Common Elements in favor of the Developer, and its representatives,
 agents, associates, employees, contractors, subcontradors, tenants, successors
 and assigns, for the purpose of (1) access and ingress to and egress from the
 Common Elements or any part thereof, (2) construction, installation, repair,
 replacement and restoration of utilities, buildings, landscaping and any other
 improvements on the Condominium Property or any part thereof; (3) the
 installation and maintenance of signs, advertising the Units on the Condominium
 Property, or any part thereof, and signs directing potential purchasers to the
 sales office and models ereded in connection with such Unit(s),(4) using and
 showing one or more unsold and unconveyed Units, or portion or portions of the
 Common Elements and/or any recreational facilities located thereon as a model
 Unit or Units, sales office,construction office or administrative office or for such
 other
 purposes deemed necessary or desirable in connedion with such
 construction, leasing, marketing, sales, or brokerage, (5) setting up, staffingand
 maintaining marketing materials and tables in the Common Elements for special
 events, (6) posting and maintaining such signs and lightingon the Condominium
 Property as are deemed necessary or desirable in connection with (4) and (5)
 above, and (7) using the office within the Common Properties for management
 and sales or leasing adivity concerning any portion of Windmill Lakes. Until all
 the units within Windmill Lakes are sold and conveyed, the Developer shall be
 entitled to such access, ingress and egress to the Condominium Property as it
 shall deem necessary.
 Developer shall have a blanket easement over the
 Common Elements for its representatives, agents, associates, employees,
 contractors, subcontradors, tenants, successors and assigns for purposes of
 access and ingress to and egress from said Common Elements, and for purposes
 of marketing, sales, brokerage, construdion, installation,repair, replacement and
 restoration
 of
 utilities,driveways,
 buildings, landscaping
 and any other
 improvements on said Common Elements until Developer is no longer offering
 units for sale in the ordinary course of buisness.
 Cil
 WarrantY. For as long as Developer has any repair obligation (without imposing
 any such obligation hereby), then Developer and its contractors, agents and
 designees shall have the right,in Developer's sole discretion and from time to
 time, to enter the Condominium Property for the purpose of inspecting, testing
 and surveying same to determine the need for repairs, improvements and/or
 replacements, and effeding same, so that Developer can fulfill any of such
 obligations.
 Nothing herein shall be deemed or construed as the
 Developer making or offering any warranty, all of which are disclaimed,
 as set forth in Section 24 below.
 0)
 Roof and Window Washing Easement. An easement is hereby reserved over and
 across each Unit and the Limited Common Elements appurtenant thereto for the
 Association (and the personnel, employees and/or contractors of the Association)
 to stage and perform exterior window washing, exterior painting of the Building,
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 maintenance, repair, replacement or alteration of any mechanical equipment
 located or accessible from the roof of the