Preview
Filing # 190962985 E-Filed 01/31/2024 03:31:30 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.
ASSOCIATION OF POINCIANA VILLAGES, INC.,
a Florida not-for-profit corporation,
Plaintiff,
vs.
CATHY BARROW, UNKNOWN SPOUSE OF CATHY
BARROW, AND UNKNOWN TENANT(S),
Defendant(s). /
FORECLOSURE COMPLAINT
Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., a Florida not-for-profit
corporation (hereinafter "ASSOCIATION"), sues Defendants, CATHY BARROW, UNKNOWN
SPOUSE OF CATHY BARROW, AND UNKNOWN TENANT(S), and alleges:
COUNTI
1 This is an action to enforce and foreclose a claim of lien in accordance with the provisions of Fla.
Stat. and for other relief.
2. This court has jurisdiction over this matter pursuant to §26.012, Fla. Stat.
3 Defendant(s), CATHY BARROW (hereinafter "PROPERTY OWNER(S)"), is(are) the title
owner(s) of that certain lot located within Association of Poinciana Villages described, to-wit:
Lot 24, Block 1319, Poinciana, Neighborhood 3, Village 2, according to the plat thereof as
recorded in Plat Book 3, at pages 109-119, Public Records of Osceola County, Florida.
Property Address: 254 Abbotsbury Dr, Poinciana, FL 34758
4 According to the AMENDED AND RESTATED POINCIANA SUBDIVISION
DECLARATION, recorded at Official Record Book 6377, Page 2897, Public Records of Osceola County,
Florida as amended (hereinafter "Declaration") (a copy of the pertinent sections of said Declaration is
attached hereto as Exhibit "A"), PROPERTY OWNER(S) was to pay assessments to ASSOCIATION,
which PROPERTY OWNER(S) failed to pay.
5 ASSOCIATION recorded a Claim of Lien in the Public Records of OSCEOLA County, Florida,
for assessments. A copy of said Claim of Lien is attached hereto as Exhibit "B."
6. Pursuant to the Declaration, PROPERTY OWNER(S) became obligated to pay costs and
reasonable attorneys’ fees necessitated by the filing of this action as a result of failure to pay assessments
when due.
7
For the purpose of collection and foreclosure, ASSOCIATION'S claim has been placed in the
hands of Plaintiff's attorneys herein, and the ASSOCIATION has agreed to pay said attorneys a reasonable
fee for their services.
8 In order to ascertain the necessary and proper parties to this suit, it was necessary to purchase a
partial abstract of title, the cost of which the ASSOCIATION is entitled to recover.
9 ASSOCIATION has complied with all statutory and other requirements and conditions precedent
for the perfection of the lien as required by Fla. Stat., including written notice to PROPERTY OWNER(S)
herein. A copy of the written notice from ASSOCIATION to PROPERTY OWNER(S) in accordance with
the Declaration, §720.3085, Fla. Stat. and the Fair Debt Collection Practices Act is attached hereto as
Exhibit "C."
10. By virtue of PROPERTY OWNER(S)’ failure to pay assessments, ASSOCIATION is entitled to
foreclose said lien pursuant to the Declaration and §720.3085, Fla. Stat.
11. ASSOCIATION may be required to expend sums for the preservation and protection of the
property including, without limitation, sums for taxes and insurance, for which PROPERTY OWNER(S)
is(are) obligated to pay.
12. Defendant, UNKNOWN SPOUSE OF CATHY BARROW, may claim some right, title or
interest in said property by virtue of his/her marriage to CATHY BARROW, however, said interest is
inferior to that of the Plaintiff.
13. Defendant, UNKNOWN TENANT(S), may claim some right, title or interest in said property by
virtue of being a tenant or otherwise occupying said property as a lessee. However, said interest is inferior
to that of the Plaintiff.
14. Plaintiff has retained the services of the undersigned counsel to represent its interests in this
action and has agreed to pay said firm a reasonable fee for its services.
15. Pursuant to Section 9, Subsection 9.10 of the Declaration, ASSOCIATION is entitled to recover
all attorneys’ fees and costs incurred in collecting assessments. ASSOCIATION is further entitled to
recover all attorneys’ fees and costs incurred should it prevail pursuant to §720.3085(1), Fla. Stat.
WHEREFORE, Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., demands sale of
said property under final judgment of foreclosure and sale pursuant to §45.031, Fla. Stat., to reserve
jurisdiction to enter such further orders as may be appropriate, including, but not limited to, any deficiency
judgment or orders directing writs of assistance or possession, and such other and further relief as is
permitted by law and under and pursuant to the Declaration including costs and attorneys’
fees. ASSOCIATION further prays that the Defendants herein, and all parties claiming interests in said
property subsequent to the filing of the Lis Pendens herein, be barred and forever foreclosed of all right,
title and interest, equity of redemption or lien in and to or against said property.
COUNT I
(PERSONAL JUDGMENT)
16. Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 are realleged and incorporated by
reference herein.
17. Pursuant to the terms of the Declaration and §720.3085, Fla. Stat., PROPERTY OWNER(S) is
personally liable to pay all assessments accruing on the subject lot less and except any personal obligations
discharged in a prior bankruptcy proceeding.
18. On or about January 1, 2020, PROPERTY OWNER(S) breached the terms and conditions of the
Declaration by failing to pay assessments when due, and there is due and owing as of January 25, 2024,
unpaid assessments, late charges, interest and attorneys’ fees and costs incurred to date, less and except any
personal obligations discharged in a prior bankruptcy proceeding in addition to all assessments, late
charges, interest, attorneys’ fees and costs accruing subsequent to the date of this Complaint.
19. As a result of PROPERTY OWNER(S) ' breach of the Declaration, PROPERTY OWNER(S) has
become personally obligated to ASSOCIATION for all sums past due less and except any personal
obligations discharged in a prior bankruptcy proceeding and to become due until paid, as well as the costs
of collection and payment of reasonable attorneys’ fees.
20. ASSOCIATION has otherwise performed all conditions precedent to obtaining a personal
judgment, including giving PROPERTY OWNER(S) notice of all sums due.
WHEREFORE, Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., demands
judgment against Defendants, PROPERTY OWNER(S) for all sums due, including assessments, interest,
costs and reasonable attorneys’ fees, and for such other relief as the Court deems just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 31, 2024, I presented the foregoing for filing to the Florida
Courts eFiling Portal for filing and uploading.
By:/s/_ Charles L. Eldredge, Jr.
Charles L. Eldredge, Jr., Esq.
Florida Bar No. 076474
Attorney for ASSOCIATION OF POINCIANA
VILLAGES, INC.
LARSEN SLATEN, PLLC
4700 Millenia Blvd, Suite 500
Orlando, FL 32839
Phone: (407) 841-6555
Emails: pleadings@larsenslaten.com
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Prepared By and Return To:
Charles L. Eldredge, Jr., Esq.
Larsen Slaten PLLC.
5323 Millenia Lakes Blvd, Ste 300
Orlando, FL 32839
(407) 841-6555
AMENDED AND RESTATED POINCIANA SUBDIVISION DECLARATION
This Amended and Restated Poinciana Subdivision Declaration (the “Declaration”) is made
this day by the Association of Poinciana Villages, Inc. (the "APV"), a Florida not-for-profit
association to govern and control the real property described in Exhibit A (the "Poinciana
Subdivision").
WHEREAS, Avatar in its own name or under its former name, GAC Properties, Inc., recorded
the Original Polk Deeds of Restriction and the Original Osceola Deeds of Restriction (collectively,
the "Original Deeds of Restriction") in Polk County in Official Records Book 1384 at Page 58 and in
Osceola County in Official Records 221 at Page 425; and
WHEREAS, The Original Deeds of Restriction were restated and consolidated by that certain
Poinciana Subdivision Declaration (the "First Subdivision Declaration") recorded in Polk County in
Official Records Book 4805 at Page 410 and in Osceola County in Official Records 1932 at Page
2808. The First Subdivision Declaration entirely replaced the Original Deeds of Restriction, and
WHEREAS, The First Subdivision Declaration governs the community known as Poinciana
Subdivision, which is legally described on Exhibit A attached hereto and made a part hereof; and
WHEREAS, Pursuant to Section 5 of the First Subdivision Declaration, the APV, by majority
vote of the entire Board of Directors, has decided to amend and restate the First Subdivision
Declaration in its entirety by this Declaration.
NOW THEREFORE, the Original Deeds of Restriction and the First Subdivision Declaration
are hereby, restated, replaced, and superseded in their entirety, and this Amended and Restated
Poinciana Subdivision Declaration is substituted in their place such that all property described in
Exhibit A shall hereafter be subject to this Declaration. Said Declaration shall run with the property,
shall be binding upon all parties having and/or acquiring any right, title or interest in the property or
in any part thereof, and shall inure to the benefit of each and every person or entity from time to time,
owning or holding an interest in said real property. All future Amendments shall be made to this
Amended and Restated Poinciana Subdivision Declaration.
EXHIBIT "A"
Recorded in Osceola County, FL KELVIN SOTO, ESQ., CLERK OF COURT 03/29/2023 10:54:33 AM RECEIPT # 2737953
Rec Fees 1,004.50 EXTRA NAMES
CFN# 2023035172 BK 6377 PG 2897 PAGE 1 OF 118
AMENDED AND RESTATED POINCIANA SUBDIVISION DECLARATION
1 Recitals.
All of the foregoing Recitals are true and correct.
2 No Further Force or Effect.
Original Deeds of Restriction and the First Subdivision Declaration are of no further
force or effect as the same are replaced entirely by this Declaration.
3 Definitions.
In addition to the terms defined elsewhere in this Declaration, all initially capitalized
terms herein shall have the following meanings:
"APV" shall mean Association of Poinciana Villages, Inc.
"Articles" shall mean the APV's Amended and Articles of Incorporation attached hereto
as Exhibit C.
"Assessments" shall mean any assessments made in accordance with this Declaration
and as further defined in Section 9 hereof.
"Avatar" shall mean Avatar Properties Inc., a Florida corporation, its successors, and
assigns.
"APV Board" shall mean the Board of Directors of the APV.
"Bulk Land" shall mean any tract of land (whether or not subdivided) which has none of
the following: (i) improvements; (ii) overall community drainage; and (iii) water and sewer
availability. By way of example, if a Lot has either water and sewer availability or overall
drainage, it is not Bulk Land. Bulk Land is not subject to any APV regular assessment.
"By-Laws" shall mean the APV's By-Laws attached hereto as Exhibit D.
"Common Areas" shall mean all real property interests and personalty within Poinciana
Subdivision designated as Common Areas from time to time by Plat or recorded amendment to
this Declaration and provided for, owned, leased by, or dedicated to, the common use and
enjoyment of the Owners within Poinciana Subdivision.
"County" shall mean Polk or Osceola County, as applicable.
"Criteria" shall mean the Design Control Board Criteria of the APV.
"DCB" shall mean the Design Control Board of the DCB.
"Flag Lot" shall refer to any of the various types of Flag Lots described in Section 13.5
hereof.
CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2901 PAGE 5 OF 118
"Lender" shall mean any federally insured savings and loan association or bank, insured
by the Federal Savings and Loan Insurance Corporation, or Federal Deposit and Insurance
Corporation, Mortgage Bankers, licensed Mortgage Brokers (or person or entity holding
mortgage through efforts of a licensed Mortgage Broker), Avatar and Parkway Mortgage
Company, Inc. and their successors and assigns, holding a first mortgage on a Lot.
"Lot" shall mean any lot shown on a plat.
"Owner" shall mean the owner of a lot.
"Poinciana Subdivision" shall mean the real property described on Exhibit A attached
hereto including future property subject to plats incorporating this Declaration.
"Utility Availability Fee" shall have the meaning set forth in Section 10 herein.
"Village" shall mean each subdivision of Poinciana Subdivision. Currently Poinciana
Subdivision is divided into nine (9) Villages. The Villages are described on Exhibit E attached
hereto and made a part hereof.
"Village Association" shall mean the homeowners association governing each Village.
4 Florida and Local Law.
All restrictive covenants, listed and/or contained herein are subject, in all instances, to
compliance with State of Florida applicable County health ordinances, restrictions and regulations,
zoning regulations or other established pertinent restrictions, and in particular when the said State
and County requirements exceed the requirements of the restrictions contained herein. The laws
of the State of Florida and applicable County as well as the rules and regulations of their
administrative agencies now or hereafter in effect with regard to sewage disposal, water supply
and sanitation are hereby incorporated herein and made a part hereof.
5 Term.
These restrictive covenants, easements, reservations and requirements upon the lands
within the Poinciana Subdivision and any amendments and additions thereto, shall run with the
land and remain in full force and effect until January 1, 2032, at which time they shall be
automatically extended for successive periods of ten (10) years unless by majority vote of the
entire APV Board on January 1, 2032, or at the end of each successive ten (10) year period
thereafter, the APV Board agrees to change said covenants, easements, reservations and
requirements upon said lands in whole or in part for the best interests of the Poinciana Subdivision,
at which time modifications thereto shall be evidenced by recording in the office of the Clerk of
the Circuit Court an Amendment to the Deed of Restrictions reflecting such modifications.
Notwithstanding the foregoing, the APV Board hereby declares that from and after January 1, 2012
the APV Board may amend this Declaration at any time upon a majority vote of the APV Board.
Nothing in this Section shall be construed to prohibit the APV Board from amending this
Declaration at any time upon a vote of two-thirds (2/3) of the APV Board. All amendments shall
be recorded in both the public records of Polk County and Osceola County.
CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2902 PAGE 6 OF 118
6 Enforcement.
Enforcement of this Declaration, other documents that govern the Association and its
Owners and residents, and any rules and regulations promulgated by the APV, including, but not
limited to, the Criteria, shall be by judicial proceedings in law or equity brought by the Association
or any Owner against any person or persons causing or allowing, attempting, suffering or
permitting the violation of any covenant of this Declaration, other governing documents and/or
rules and regulations. Enforcement of this Declaration, other governing documents and/or rules
and regulations may be either to restrain violation(s) or to recover damages, or both. The prevailing
party shall be entitled to recover, in addition to cost and disbursements allowed by law, such sums
as the Court may adjudge to be reasonable for the service of the prevailing party's attorney(s),
paralegal(s), and other supporting personnel and resources at all judicial levels. In the event the
Association is the prevailing party, it may assess the amount of a judgment in its favor against an
Owner, or Owners, as an Assessment against their individual Lot(s), and the assessed amount shall
be immediately due and payable to the Association. In the event of a violation of any of the
provisions of this Declaration, other governing documents and/or APV's rules and regulations,
other than the nonpayment of any assessment or other monetary obligation, the APV shall attempt
to notify the Owner by written notice addressed to the owner's most recent mailing address on file
with the APV. If such violation is not cured within a reasonable time, as determined in the
discretion of the APV board of Directors, the APV may at its option:
6.1 Commence an action to enforce the performance on the part of the violator or enjoin
the violation or breach or for such other equitable relief as may be necessary under the
circumstances, including injunctive relief:
6.2 Commence and action to recover damages; and or
6.3 Commence as provided by the Florida State Statutes.
In particular, any construction, alteration, other work done or failure to perform required
maintenance or cleaning in violation of this Declaration, any rules and regulations, the Criteria or
Guidelines is subject to enforcement action. Upon written request from the APV or Declarant,
Owners shall, at their own cost and expense and within a reasonable time frame identified in the
request, cure the violation or restore the Lot and/or home on such Lot to substantially the same
condition as existed before the violation occurred. Should an Owner fail to cure the problem or
otherwise restore the property as required, the APV, Declarant, or their designees shall have the
right, but not the obligation to enter the Lot, remove the violation, and restore the Lot. All costs,
together with the interest at the rate the maximum rate then allowed by Florida law, may be
assessed against the Lot and collected in accordance with Section 9.4.2 of this Declaration.
Any approvals granted under this Declaration are conditioned upon completion of all
elements of the approved work in strict accordance with the written approval provided by the DCB,
as such approval may be approved in writing by the DCB. In the event that any person fails to
commence and diligently pursue to completion all approved work by the Design Control Board
Criteria deadline, Declarant or the APV may enter upon the Lot and summarily rebate and remove
or complete any incomplete work and assess all costs incurred against the Lot and its Owner in
accordance with Section 9.4.2 of this Declaration, which shall be due within a reasonable time
3
CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2903 PAGE 7 OF 118
frame after it is assessed. Such entry and abatement or removal shall not be deemed a trespass or
make Declarant or APV, or the directors, officers, employees, agents or contractors of either, liable
for any damages or trespass on account thereof. The remedies recited in this Section shall be
cumulative of all other legal and equitable remedies now or hereafter provided by law or the APV's
governing documents and all such remedies may be exercised and pursued singly, sequentially or
in any combination. The failure of the Declaration, the APV, or any Owner to enforce any Criteria,
covenant, restriction, obligation, right, power, privilege or reservation contained in the Documents,
however long continued, shall in no event be deemed a waiver of the right to enforce the same
thereafter as to the same breach or violation, or as to any other breach or violation occurring prior
or subsequent thereto.
All acts by any contractor, subcontractor, agent, employee, or invitee of an Owner shall be
deemed as an act done by or on behalf of such Owner. Any contractor, subcontractor, agent,
employee, or other invitee of an Owner who fails to comply with the terms and provisions of this
Declaration, the Criteria, rule and regulations and/or Guidelines may be excluded from the
Community by Declarant or the APV. In such event, neither Declarant nor the APV, or their
officers and directors, shall be held liable to any person for exercising the rights granted by this
Declaration, the Criteria, rules and regulations and/or Guidelines, including, but not limited to, this
paragraph.
The APV shall be primarily responsible for enforcing the Declaration, the Criteria, rules
and regulations and/or Guidelines; however, Declarant, for so long as it owns any portion of the
Community or has the unilateral right to annex property thereto, may, but shall not be obligated
to, exercise the enforcement rights set forth above. In addition to the foregoing, the APV and
Declarant shall have the authority and standing to pursue all legal and equitable remedies available
to enforce the provisions of the Declaration, the Criteria, rules and regulations and/or Guidelines.
If the APV or Declarant prevails, they shall be entitled to recover all costs including, without
limitation, attorney's fees and court costs, reasonably incurred in such action.
7 Severability.
These covenants and restrictions are severable and the invalidation of one shall not
invalidate any other covenant hereof, and each covenant shall be independent to such extent.
8 Reservation of Rights.
Avatar reserves the right to create one or more additional Villages upon property owned
by Avatar or its assignees or designees. Such Villages shall be subject to such use restrictions and
setbacks as deemed appropriate by Avatar or its assignees or designees and recorded in the Public
Records of the applicable County. Without limiting the foregoing, any property made subject to a
new Village shall not be subject to the use restrictions set forth in this Declaration except and to
the extent so designated by document recorded in the Public Records of the applicable County.
The APV and Avatar or its assignee or designee agree to negotiate in good faith to what extent, if
any, the APV will provide services to such property and be subject to Assessment by the APV
based on the impact of such development.
CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2904 PAGE 8 OF 118
9 APV.
9.1 Establishment of APV.
As an additional covenant and condition to the ownership to lands in
Poinciana Subdivision, as now platted, and as to lands in any subsequent plats of Poinciana
Subdivision filed by Avatar, Avatar has established the APV, a master owners association, which
has under its umbrella the various Village Associations. The APV, this Declaration and the APV
Articles affect all properties within the Poinciana Subdivision and all present and future Owners
agree to be bound by this Declaration and the APV Articles, for themselves and as a charge and
duty of each lot owned, or to be owned by them.
9.2 Rights of APV.
APV shall have the right to own and take title to common areas not
previously dedicated and accepted by the public such as roads, streets and other ways, greenways,
drainage ways, retardation areas, open space and the like, and to designate improvements to be
constructed on any of such lands which it may own at such time, or subsequently acquire. The
APV shall have the right to assess the costs of construction of such improvements to the Owners
of all Lots in Poinciana Subdivision and subsequent annexations and plats thereto. Except for
streets and roadways dedicated to the Public, the APV or an improvement district, shall always
assume the responsibility for maintenance of "Greenways" and "Retardation Areas", as set forth
on the respective Plats of Poinciana Subdivision filed with the applicable County, and pursuant
thereto, shall have the right to reimbursement therefor in accordance with the provisions hereof,
to make Assessments on all of the Lots in the Poinciana Subdivision to cover the costs thereof, all
as further provided below.
9.2.1 Tenant/Occupant:
Because the APV is in contractual privity with the Owner rather than the
Tenant/Occupant, the Owner is responsible for all violations occurring on the Owner's Lot. It is
the Owner's responsibility to cause compliance with the provisions of this Declaration and the
Criteria. However, the APV may, but shall not be required, to hold a Tenant/Occupant responsible,
jointly or severally, if the Tenant/Occupant is causing the violation. To the extent practicable and
economically feasible, the APV shall endeavor, but not be required, to identify those Lots occupied
by Tenants/Occupants with the goal of informing the Tenant/Occupants of the various obligations
and performance standards set forth herein. Also, it is incumbent upon all Owners to inform the
APV, in writing, within thirty (30) days, of the date of the lease or initial rental, of the identity of
the Tenant/Occupant. The APV shall utilize the various media readily available and under its
control (APV publications, website, assessment billings, etc.) to disseminate such information as
a proactive effort to prevent violations on rented lots. However, nothing herein or hereby or any
actions of the APV shall relieve the Owner of the ultimate responsibility to correct all violations
pertaining to the Owner's Lot.
9.3 Assessments.
Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition of
title in any manner (whether or not so expressed in the deed), including any purchaser at a judicial
sale, shall hereafter be deemed to have covenanted and agreed to pay to the APV at the time and
in the manner required by the APV Board, assessments or charges and any special assessments as
are fixed, established and collected from time to time by the APV (collectively, the
5
CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2905 PAGE 9 OF 118
"Assessments"). The Assessments levied by the APV shall be used for, among other things, the
purpose of promoting the recreation, health, safety and welfare of the residents of Poinciana
Subdivision, and in particular for the improvement and maintenance of the Common Areas and
any easement in favor of the APV. The Assessments levied by the APV Board shall be used
exclusively for the purposes set forth in this Declaration, the Articles and the By-Laws and for the
benefit of the Owners as an entire community, the improvements, maintenance, repair and
replacement of properties, services and activities and facilities devoted to this purpose and
applicable to the use and enjoyment of the Common Areas.
9.4 Allocation of Assessments.
All Assessments shall be fairly apportioned over all the Lots, tracts, parcels and
condominium units in the Poinciana Subdivision. The APV Board shall determine the total amount
of Assessments required, including operational items such as insurance, repairs, maintenance and
other operating expenses, as well as charges to cover any deficiencies from prior years, capital
improvements and reserves approved by the APV Board. The total annual Assessments required and
any supplemental requirements shall be allocated between, assessed to and paid in accordance with
the following:
Subject to the following, all Owners (other than Bulk Land Owners or Owners subject to
a
special assessment agreement with the APV) shall be assessed equally for costs and expenses of
the APV related to any uniform overall community function, activity, service, facility or
improvement of the APV which is for the specific benefit of all Villages.
Assessments covering special costs and expenses of the APV for any function, activity,
services, facility or improvements used by a portion of a Village or one or more Villages but not
by all Villages shall be assessed to those Owners directly receiving the benefit thereof but not to
Owners not receiving such benefit. The APV Board shall determine, using reasonable judgment,
the amount assessed and what Owners are subject to such special Assessments.
9:5 Reserved for future use
9.6 Surplus Assessments
Any surplus Assessments collected by the APV may be allocated towards the next
year's Assessments. Under no circumstances shall the APV be required to pay surplus Assessments
to Owners.
9.7 Establishment of Assessments
Assessments shall be established in accordance with the following procedures:
Assessments shall be established by the adoption of a twelve (12) month operating budget
by the APV Board. The budget shall be in the form required by Section 720.303(6) of the Florida
Statutes, as amended from time to time. Written notice of the amount and date of commencement
thereof shall be given to each Owner not less than ten (10) days in advance of the due date of the
first installment thereof. Notwithstanding the foregoing, the budget may cover a period of less than
twelve (12) months if the first budget is adopted mid-year or in order to change the fiscal year of
the APV.
CFEN# 2023035172 OFFICIAL RECORDS O DOC _TYPE REST BK 6377 PG 2906 PAGE 10 OF 118
The APV may establish, from time to time, by resolution, rule or regulation, or by
delegation to an officer or agent, including, a professional management company, use fees. The
sums established shall be payable by the Owner utilizing the service or facility as determined by
the APV.
9.8 Claim of Lien
Each Owner, by acceptance of a deed or instrument of conveyance for the
acquisition of title to a Lot, shall be deemed to have covenanted and agreed that the Assessments,
and/or other charges and fees set forth herein, together with interest, late fees, costs and reasonable
attorneys’ fees and paraprofessional fees at all levels of proceedings including appeals, collections
and bankruptcy, shall be a charge and continuing lien in favor of the APV encumbering the Lot
and all personal property located thereon owned by the Owner against whom each such
Assessment is made. The lien is effective from and after recording a Claim of Lien in the Public
Records stating the legal description of the Lot, name of the Owner, and the amounts due as of that
date, but shall relate back to the date that this Declaration is recorded. If such Assessments are not
paid, the Claim of Lien may be foreclosed after 90 days after same is outstanding, in the same
manner as provided under Florida law for the foreclosure of mortgages.
9.9 Timing of Assessment Payment
All Assessments shall be paid by Lot Owners as established annually by the APV Board
and shall be due and payable to the APV in advance on or before the first day of each calendar
year. The APV Board, in its discretion, may allow payments of Assessments on a monthly or other
basis
9.10 Non-Payment of Assessments
If any Assessment is not paid within fifteen (15) days (or such other period of time
established by the APV Board) after the due date, a late fee of $25.00 per month (or such lesser or
greater amount established by the APV Board from time to time), together with interest in an
amount equal to the maximum rate allowable by law (or such lesser rate established by the APV
Board), per annum, beginning from the due date until paid in full, may be levied. The late fee shall
compensate the APV for administrative costs, loss of use of money, and accounting expenses. The
APV may, at any time thereafter, bring an action at law against the Owner personally obligated to
pay the same, and/or foreclose the lien against the Lot and improvements thereon, or both. The
APV shall not be required to bring such an action if it believes that the best interests of the APV
would not be served by doing so. There shall be added to the Assessment all costs expended in
preserving the priority of the lien and all costs and expenses of collection, including attorneys' fees
and paraprofessional fees, at all levels of proceedings, including appeals, collection and
bankruptcy. No Owner may waive or otherwise escape liability for Assessments provided for
herein by non-use of, or the waiver of the right to use the Common Areas or by abandonment of a
Lot.
9.11 Subordination of Lien
The lien for Assessments shall be subordinate to a bona fide first mortgage held by
a Lender on any Lot if the mortgage is recorded in the Public Records prior to the Claim of Lien.
The lien for Assessments shall not be affected by any sale or transfer of a Lot, except in the event
of a sale or transfer of a Lot pursuant to a foreclosure (or by deed in lieu of foreclosure or
7
CFEN# 2023035172 OFFICIAL RECORDS O DOC _TYPE REST BK 6377 PG 2907 PAGE 11 OF 118
otherwise) of a bona fide first mortgage held by a Lender, in which event, the acquirer of title, its
successors and assigns, shall be liable for all unpaid assessments secured by a lien for Assessments
encumbering the Lot or chargeable to the former Owner of the Lot, or if the acquirer is the first
mortgagee, its liability shall be as provided in Section 720.3085, Florida Statutes as it may be
amended from time to time. However, any such unpaid Assessments for which such acquirer of
title is not liable may be reallocated and assessed to all Owners (including such acquirer of title)
as a part of the operating costs of the APV included within Assessments. Any sale or transfer
pursuant to a foreclosure (or by deed in lieu of foreclosure or otherwise) shall not relieve the Owner
from liability for, nor the Lot from the lien of any Assessments made thereafter. Nothing herein
contained shall be construed as releasing the party liable for any delinquent Assessments from the
payment thereof, or the enforcement of collection by means other than foreclosure.
9.12 Exemptio
The APV Board shall have the right to exempt any portion of Poinciana Subdivision
subject to this Declaration from the Assessments. The APV Board has exempted all Lots owned
by Avatar from Assessments until such Lots are conveyed to a individual purchaser of a Lot. This
Section shall not be amended by any party or entity without the prior written approval of Avatar.
The following property is also exempt:
Any easement or other interest therein dedicated and accepted by the local public authority
and devoted to public use.
Common Areas.
Land and improvements owned by governmental entities pursuant to Florida law.
10 Utility Fee:
With respect to the real property described on Exhibit F and all of Poinciana Subdivision
in Polk County other than Village Ten, commencing one year after the date a Lot buyer agrees to
purchase a Lot, the Owner will be responsible for payment of a utility availability fee to Avatar
("Utility Availability Fee"). This Utility Availability Fee is to help Avatar defray the costs and
expenses involved in making utility service available to the Lot. The Utility Availability Fee is
presently estimated at $9.00 per month per Lot, subject to adjustment in relation to actual costs
and expenses and the Utility Availability Fee shall continue until the utility facilities have been
turned over to a utility company. The extent of the utility maintenance program and the amounts
expended shall be within the sole discretion of Avatar. This Utility Availability Fee shall constitute
a lien against the assessed Lot, and if unpaid, may be collected and enforced by any legal remedies
available to Avatar with the Lot Owner being liable for reasonable costs, including attorney's fees.
The Lot Owner's responsibility for the Utility Availability Fee shall survive delivery of the deed.
11 Fines, Suspension of Voting, Etc.
VL. Reserved for future use
CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2908 PAGE 12 OF 118
Richard E. Larsen, Esq.
Larsen Slaten, PLLC
5323 Millenia Lakes Blvd, Suite 300
Orlando, FL 32839
(407) 841-6555
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, personally appeared Richard
E Larsen, who being duly sworn, says
He/she is the agent for ASSOCIATION OF POINCIANA VILLAGES, INC., a corporation not for profit, the lienor
herein, hereinafter, "Association," whose address is c/o FirstService Residential, 401 Walnut Street, Kissimmee,
FL 34759.
Cathy Barrow, hereinafter "Owner," is the record owner of the following described real property in Osceola County,
Florida:
Lot 24, Block 1319, Poinciana, Neighborhood 3, Village 2, according to the plat thereof as recorded in Plat Book
3, at pages 109-119, Public Records of Osceola County, Florida.
254 Abbotsbury Dr
Poinciana, FL 34758
Owner is delinquent in the payment of the assessments in the total sum of $286.00 as of the date hereof,
Notification of said delinquency has been given, but the same remains unpaid as of the date hereof.
The Declaration provides that a lien for unpaid assessments may be placed upon property at ASSOCIATION OF
POINCIANA VILLAGES, INC.
WHEREFORE, notice is hereby given that the Association claims a lien in the amount of $286.00 on the real
property described in paragraph 2 above, which lien shall also secure all late charges, interest, costs of collection
including reasonable attorneys’ fees and all assessments to become due and payable henceforth until payment in full
of same.
The due dates are as follows, plus other past deficiencies and amounts due and owing:
AMOUNT DUE DATE WHEN DUE
$286.00 January 1.2020 through December 17, 2020
Assessments, late fees, and interest due January 1, 2021 rough Dacgmber 17, 2020
ASSOC! ION PF POJMCIANA VILLAGES, INC.
BY:
Richard E Larsen,
clo Larsen Slaten, LLC
5323 Millenia Lakes Bivd, Suite 300
Orlando, FL 32839
THE FOREGOING instrument was acknowledged before me by means of (mark one) physical presence or 0
‘online notarization this a \_ day of December, 2020, by Richard E. Larsen, Esq., who is personally known to me.
0er ria
(>
(StaryPi ubli¢-State of Florida
Stamp or Séal:
on Notary Public State of Flonda
Sally S. Hendricks
My Commission GG 153752
‘oFa Expires 10/22/2021
EXHIBIT "B"
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 12/23/2020 12:23:44 PM RECEIPT # 2390000
Rec Fees 10.00 EXTRA NAMES
CFN# 2020174724 BK 5857 PG 1760 PAGE 1 OF 1
Larsen Slaten, PLLC
4700 Millenia Blvd
Suite 500
Orlando, FL, 32839-3300
Cathy Barrow
254 Abbotsbury Dr
Poinciana, FL 34758-4218
Richard E. Larsen * +
MAIN OFFICE
Thomas R. Slaten, Jr.*
Charles L. Eldredge, Jr 4700 Millenia Bivd, Suite S00
CherylC, Slaten Orlando, FL 32839
LARSEN
P 407.841.6855
*Shareholder Collections F 407,386,7907
SLATEN
t Admitted in Florida and Illinois General F 407.841.6686
PLLC
FINAL NOTICE
November 02, 2023
Re Lot/Unit: Lot 24; Association of Poinciana Villages, Inc.
Unpaid dues and collection charges
Property address: 254 Abbotsbury Dr; Poinciana; FL 34758
Dear Cathy Barrow:
Please be advised we have not received your payment that was due. Weare now proceeding
with foreclosure of the above referenced property.
If you wish to stop this action you must immediately pay the “Total Due,” stated
below:
Charge Amount
APV - Assessments $2,733.79
APV - Cost of Collections/Late Fee $695.00
Attorneys! Costs - Firm $105.00
Attorneys' Fees $935.00
Recording Charges - Firm $60.00
Postage - Firm $62.92
Copy Charges - Firm $12.00
Final Notice Attorneys' Fees $125.00
210 South Beach Street 4651 Salisbury Road
Suite 202 Suite 400
Daytona Beach, FL 32114
EXHIBIT "C" Jacksonville, FL 32256
Cathy Barrow
November 02, 2023
Matter ID: 533269
Page 2
Total Charges $4,728.71
Total Payments $0.00
Total $4,728.71
Please note that the total due required above is only for your delinquent assessment
matter. If you have a covenant violation case or other non-collection matter pending with the
Association, any amounts due in those matters are separate charges and are not included in
this total.
Payment must be made by certified check or money order and mailed to our Lockbox at
Larsen Slaten, PLLC Trust, Dept. 161715, PO Box 413026, Napl
Preview
Filing # 190962985 E-Filed 01/31/2024 03:31:30 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. ASSOCIATION OF POINCIANA VILLAGES, INC., a Florida not-for-profit corporation, Plaintiff, vs. CATHY BARROW, UNKNOWN SPOUSE OF CATHY BARROW, AND UNKNOWN TENANT(S), Defendant(s). / FORECLOSURE COMPLAINT Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., a Florida not-for-profit corporation (hereinafter "ASSOCIATION"), sues Defendants, CATHY BARROW, UNKNOWN SPOUSE OF CATHY BARROW, AND UNKNOWN TENANT(S), and alleges: COUNTI 1 This is an action to enforce and foreclose a claim of lien in accordance with the provisions of Fla. Stat. and for other relief. 2. This court has jurisdiction over this matter pursuant to §26.012, Fla. Stat. 3 Defendant(s), CATHY BARROW (hereinafter "PROPERTY OWNER(S)"), is(are) the title owner(s) of that certain lot located within Association of Poinciana Villages described, to-wit: Lot 24, Block 1319, Poinciana, Neighborhood 3, Village 2, according to the plat thereof as recorded in Plat Book 3, at pages 109-119, Public Records of Osceola County, Florida. Property Address: 254 Abbotsbury Dr, Poinciana, FL 34758 4 According to the AMENDED AND RESTATED POINCIANA SUBDIVISION DECLARATION, recorded at Official Record Book 6377, Page 2897, Public Records of Osceola County, Florida as amended (hereinafter "Declaration") (a copy of the pertinent sections of said Declaration is attached hereto as Exhibit "A"), PROPERTY OWNER(S) was to pay assessments to ASSOCIATION, which PROPERTY OWNER(S) failed to pay. 5 ASSOCIATION recorded a Claim of Lien in the Public Records of OSCEOLA County, Florida, for assessments. A copy of said Claim of Lien is attached hereto as Exhibit "B." 6. Pursuant to the Declaration, PROPERTY OWNER(S) became obligated to pay costs and reasonable attorneys’ fees necessitated by the filing of this action as a result of failure to pay assessments when due. 7 For the purpose of collection and foreclosure, ASSOCIATION'S claim has been placed in the hands of Plaintiff's attorneys herein, and the ASSOCIATION has agreed to pay said attorneys a reasonable fee for their services. 8 In order to ascertain the necessary and proper parties to this suit, it was necessary to purchase a partial abstract of title, the cost of which the ASSOCIATION is entitled to recover. 9 ASSOCIATION has complied with all statutory and other requirements and conditions precedent for the perfection of the lien as required by Fla. Stat., including written notice to PROPERTY OWNER(S) herein. A copy of the written notice from ASSOCIATION to PROPERTY OWNER(S) in accordance with the Declaration, §720.3085, Fla. Stat. and the Fair Debt Collection Practices Act is attached hereto as Exhibit "C." 10. By virtue of PROPERTY OWNER(S)’ failure to pay assessments, ASSOCIATION is entitled to foreclose said lien pursuant to the Declaration and §720.3085, Fla. Stat. 11. ASSOCIATION may be required to expend sums for the preservation and protection of the property including, without limitation, sums for taxes and insurance, for which PROPERTY OWNER(S) is(are) obligated to pay. 12. Defendant, UNKNOWN SPOUSE OF CATHY BARROW, may claim some right, title or interest in said property by virtue of his/her marriage to CATHY BARROW, however, said interest is inferior to that of the Plaintiff. 13. Defendant, UNKNOWN TENANT(S), may claim some right, title or interest in said property by virtue of being a tenant or otherwise occupying said property as a lessee. However, said interest is inferior to that of the Plaintiff. 14. Plaintiff has retained the services of the undersigned counsel to represent its interests in this action and has agreed to pay said firm a reasonable fee for its services. 15. Pursuant to Section 9, Subsection 9.10 of the Declaration, ASSOCIATION is entitled to recover all attorneys’ fees and costs incurred in collecting assessments. ASSOCIATION is further entitled to recover all attorneys’ fees and costs incurred should it prevail pursuant to §720.3085(1), Fla. Stat. WHEREFORE, Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., demands sale of said property under final judgment of foreclosure and sale pursuant to §45.031, Fla. Stat., to reserve jurisdiction to enter such further orders as may be appropriate, including, but not limited to, any deficiency judgment or orders directing writs of assistance or possession, and such other and further relief as is permitted by law and under and pursuant to the Declaration including costs and attorneys’ fees. ASSOCIATION further prays that the Defendants herein, and all parties claiming interests in said property subsequent to the filing of the Lis Pendens herein, be barred and forever foreclosed of all right, title and interest, equity of redemption or lien in and to or against said property. COUNT I (PERSONAL JUDGMENT) 16. Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 are realleged and incorporated by reference herein. 17. Pursuant to the terms of the Declaration and §720.3085, Fla. Stat., PROPERTY OWNER(S) is personally liable to pay all assessments accruing on the subject lot less and except any personal obligations discharged in a prior bankruptcy proceeding. 18. On or about January 1, 2020, PROPERTY OWNER(S) breached the terms and conditions of the Declaration by failing to pay assessments when due, and there is due and owing as of January 25, 2024, unpaid assessments, late charges, interest and attorneys’ fees and costs incurred to date, less and except any personal obligations discharged in a prior bankruptcy proceeding in addition to all assessments, late charges, interest, attorneys’ fees and costs accruing subsequent to the date of this Complaint. 19. As a result of PROPERTY OWNER(S) ' breach of the Declaration, PROPERTY OWNER(S) has become personally obligated to ASSOCIATION for all sums past due less and except any personal obligations discharged in a prior bankruptcy proceeding and to become due until paid, as well as the costs of collection and payment of reasonable attorneys’ fees. 20. ASSOCIATION has otherwise performed all conditions precedent to obtaining a personal judgment, including giving PROPERTY OWNER(S) notice of all sums due. WHEREFORE, Plaintiff, ASSOCIATION OF POINCIANA VILLAGES, INC., demands judgment against Defendants, PROPERTY OWNER(S) for all sums due, including assessments, interest, costs and reasonable attorneys’ fees, and for such other relief as the Court deems just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 31, 2024, I presented the foregoing for filing to the Florida Courts eFiling Portal for filing and uploading. By:/s/_ Charles L. Eldredge, Jr. Charles L. Eldredge, Jr., Esq. Florida Bar No. 076474 Attorney for ASSOCIATION OF POINCIANA VILLAGES, INC. LARSEN SLATEN, PLLC 4700 Millenia Blvd, Suite 500 Orlando, FL 32839 Phone: (407) 841-6555 Emails: pleadings@larsenslaten.com NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Prepared By and Return To: Charles L. Eldredge, Jr., Esq. Larsen Slaten PLLC. 5323 Millenia Lakes Blvd, Ste 300 Orlando, FL 32839 (407) 841-6555 AMENDED AND RESTATED POINCIANA SUBDIVISION DECLARATION This Amended and Restated Poinciana Subdivision Declaration (the “Declaration”) is made this day by the Association of Poinciana Villages, Inc. (the "APV"), a Florida not-for-profit association to govern and control the real property described in Exhibit A (the "Poinciana Subdivision"). WHEREAS, Avatar in its own name or under its former name, GAC Properties, Inc., recorded the Original Polk Deeds of Restriction and the Original Osceola Deeds of Restriction (collectively, the "Original Deeds of Restriction") in Polk County in Official Records Book 1384 at Page 58 and in Osceola County in Official Records 221 at Page 425; and WHEREAS, The Original Deeds of Restriction were restated and consolidated by that certain Poinciana Subdivision Declaration (the "First Subdivision Declaration") recorded in Polk County in Official Records Book 4805 at Page 410 and in Osceola County in Official Records 1932 at Page 2808. The First Subdivision Declaration entirely replaced the Original Deeds of Restriction, and WHEREAS, The First Subdivision Declaration governs the community known as Poinciana Subdivision, which is legally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, Pursuant to Section 5 of the First Subdivision Declaration, the APV, by majority vote of the entire Board of Directors, has decided to amend and restate the First Subdivision Declaration in its entirety by this Declaration. NOW THEREFORE, the Original Deeds of Restriction and the First Subdivision Declaration are hereby, restated, replaced, and superseded in their entirety, and this Amended and Restated Poinciana Subdivision Declaration is substituted in their place such that all property described in Exhibit A shall hereafter be subject to this Declaration. Said Declaration shall run with the property, shall be binding upon all parties having and/or acquiring any right, title or interest in the property or in any part thereof, and shall inure to the benefit of each and every person or entity from time to time, owning or holding an interest in said real property. All future Amendments shall be made to this Amended and Restated Poinciana Subdivision Declaration. EXHIBIT "A" Recorded in Osceola County, FL KELVIN SOTO, ESQ., CLERK OF COURT 03/29/2023 10:54:33 AM RECEIPT # 2737953 Rec Fees 1,004.50 EXTRA NAMES CFN# 2023035172 BK 6377 PG 2897 PAGE 1 OF 118 AMENDED AND RESTATED POINCIANA SUBDIVISION DECLARATION 1 Recitals. All of the foregoing Recitals are true and correct. 2 No Further Force or Effect. Original Deeds of Restriction and the First Subdivision Declaration are of no further force or effect as the same are replaced entirely by this Declaration. 3 Definitions. In addition to the terms defined elsewhere in this Declaration, all initially capitalized terms herein shall have the following meanings: "APV" shall mean Association of Poinciana Villages, Inc. "Articles" shall mean the APV's Amended and Articles of Incorporation attached hereto as Exhibit C. "Assessments" shall mean any assessments made in accordance with this Declaration and as further defined in Section 9 hereof. "Avatar" shall mean Avatar Properties Inc., a Florida corporation, its successors, and assigns. "APV Board" shall mean the Board of Directors of the APV. "Bulk Land" shall mean any tract of land (whether or not subdivided) which has none of the following: (i) improvements; (ii) overall community drainage; and (iii) water and sewer availability. By way of example, if a Lot has either water and sewer availability or overall drainage, it is not Bulk Land. Bulk Land is not subject to any APV regular assessment. "By-Laws" shall mean the APV's By-Laws attached hereto as Exhibit D. "Common Areas" shall mean all real property interests and personalty within Poinciana Subdivision designated as Common Areas from time to time by Plat or recorded amendment to this Declaration and provided for, owned, leased by, or dedicated to, the common use and enjoyment of the Owners within Poinciana Subdivision. "County" shall mean Polk or Osceola County, as applicable. "Criteria" shall mean the Design Control Board Criteria of the APV. "DCB" shall mean the Design Control Board of the DCB. "Flag Lot" shall refer to any of the various types of Flag Lots described in Section 13.5 hereof. CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2901 PAGE 5 OF 118 "Lender" shall mean any federally insured savings and loan association or bank, insured by the Federal Savings and Loan Insurance Corporation, or Federal Deposit and Insurance Corporation, Mortgage Bankers, licensed Mortgage Brokers (or person or entity holding mortgage through efforts of a licensed Mortgage Broker), Avatar and Parkway Mortgage Company, Inc. and their successors and assigns, holding a first mortgage on a Lot. "Lot" shall mean any lot shown on a plat. "Owner" shall mean the owner of a lot. "Poinciana Subdivision" shall mean the real property described on Exhibit A attached hereto including future property subject to plats incorporating this Declaration. "Utility Availability Fee" shall have the meaning set forth in Section 10 herein. "Village" shall mean each subdivision of Poinciana Subdivision. Currently Poinciana Subdivision is divided into nine (9) Villages. The Villages are described on Exhibit E attached hereto and made a part hereof. "Village Association" shall mean the homeowners association governing each Village. 4 Florida and Local Law. All restrictive covenants, listed and/or contained herein are subject, in all instances, to compliance with State of Florida applicable County health ordinances, restrictions and regulations, zoning regulations or other established pertinent restrictions, and in particular when the said State and County requirements exceed the requirements of the restrictions contained herein. The laws of the State of Florida and applicable County as well as the rules and regulations of their administrative agencies now or hereafter in effect with regard to sewage disposal, water supply and sanitation are hereby incorporated herein and made a part hereof. 5 Term. These restrictive covenants, easements, reservations and requirements upon the lands within the Poinciana Subdivision and any amendments and additions thereto, shall run with the land and remain in full force and effect until January 1, 2032, at which time they shall be automatically extended for successive periods of ten (10) years unless by majority vote of the entire APV Board on January 1, 2032, or at the end of each successive ten (10) year period thereafter, the APV Board agrees to change said covenants, easements, reservations and requirements upon said lands in whole or in part for the best interests of the Poinciana Subdivision, at which time modifications thereto shall be evidenced by recording in the office of the Clerk of the Circuit Court an Amendment to the Deed of Restrictions reflecting such modifications. Notwithstanding the foregoing, the APV Board hereby declares that from and after January 1, 2012 the APV Board may amend this Declaration at any time upon a majority vote of the APV Board. Nothing in this Section shall be construed to prohibit the APV Board from amending this Declaration at any time upon a vote of two-thirds (2/3) of the APV Board. All amendments shall be recorded in both the public records of Polk County and Osceola County. CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2902 PAGE 6 OF 118 6 Enforcement. Enforcement of this Declaration, other documents that govern the Association and its Owners and residents, and any rules and regulations promulgated by the APV, including, but not limited to, the Criteria, shall be by judicial proceedings in law or equity brought by the Association or any Owner against any person or persons causing or allowing, attempting, suffering or permitting the violation of any covenant of this Declaration, other governing documents and/or rules and regulations. Enforcement of this Declaration, other governing documents and/or rules and regulations may be either to restrain violation(s) or to recover damages, or both. The prevailing party shall be entitled to recover, in addition to cost and disbursements allowed by law, such sums as the Court may adjudge to be reasonable for the service of the prevailing party's attorney(s), paralegal(s), and other supporting personnel and resources at all judicial levels. In the event the Association is the prevailing party, it may assess the amount of a judgment in its favor against an Owner, or Owners, as an Assessment against their individual Lot(s), and the assessed amount shall be immediately due and payable to the Association. In the event of a violation of any of the provisions of this Declaration, other governing documents and/or APV's rules and regulations, other than the nonpayment of any assessment or other monetary obligation, the APV shall attempt to notify the Owner by written notice addressed to the owner's most recent mailing address on file with the APV. If such violation is not cured within a reasonable time, as determined in the discretion of the APV board of Directors, the APV may at its option: 6.1 Commence an action to enforce the performance on the part of the violator or enjoin the violation or breach or for such other equitable relief as may be necessary under the circumstances, including injunctive relief: 6.2 Commence and action to recover damages; and or 6.3 Commence as provided by the Florida State Statutes. In particular, any construction, alteration, other work done or failure to perform required maintenance or cleaning in violation of this Declaration, any rules and regulations, the Criteria or Guidelines is subject to enforcement action. Upon written request from the APV or Declarant, Owners shall, at their own cost and expense and within a reasonable time frame identified in the request, cure the violation or restore the Lot and/or home on such Lot to substantially the same condition as existed before the violation occurred. Should an Owner fail to cure the problem or otherwise restore the property as required, the APV, Declarant, or their designees shall have the right, but not the obligation to enter the Lot, remove the violation, and restore the Lot. All costs, together with the interest at the rate the maximum rate then allowed by Florida law, may be assessed against the Lot and collected in accordance with Section 9.4.2 of this Declaration. Any approvals granted under this Declaration are conditioned upon completion of all elements of the approved work in strict accordance with the written approval provided by the DCB, as such approval may be approved in writing by the DCB. In the event that any person fails to commence and diligently pursue to completion all approved work by the Design Control Board Criteria deadline, Declarant or the APV may enter upon the Lot and summarily rebate and remove or complete any incomplete work and assess all costs incurred against the Lot and its Owner in accordance with Section 9.4.2 of this Declaration, which shall be due within a reasonable time 3 CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2903 PAGE 7 OF 118 frame after it is assessed. Such entry and abatement or removal shall not be deemed a trespass or make Declarant or APV, or the directors, officers, employees, agents or contractors of either, liable for any damages or trespass on account thereof. The remedies recited in this Section shall be cumulative of all other legal and equitable remedies now or hereafter provided by law or the APV's governing documents and all such remedies may be exercised and pursued singly, sequentially or in any combination. The failure of the Declaration, the APV, or any Owner to enforce any Criteria, covenant, restriction, obligation, right, power, privilege or reservation contained in the Documents, however long continued, shall in no event be deemed a waiver of the right to enforce the same thereafter as to the same breach or violation, or as to any other breach or violation occurring prior or subsequent thereto. All acts by any contractor, subcontractor, agent, employee, or invitee of an Owner shall be deemed as an act done by or on behalf of such Owner. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration, the Criteria, rule and regulations and/or Guidelines may be excluded from the Community by Declarant or the APV. In such event, neither Declarant nor the APV, or their officers and directors, shall be held liable to any person for exercising the rights granted by this Declaration, the Criteria, rules and regulations and/or Guidelines, including, but not limited to, this paragraph. The APV shall be primarily responsible for enforcing the Declaration, the Criteria, rules and regulations and/or Guidelines; however, Declarant, for so long as it owns any portion of the Community or has the unilateral right to annex property thereto, may, but shall not be obligated to, exercise the enforcement rights set forth above. In addition to the foregoing, the APV and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of the Declaration, the Criteria, rules and regulations and/or Guidelines. If the APV or Declarant prevails, they shall be entitled to recover all costs including, without limitation, attorney's fees and court costs, reasonably incurred in such action. 7 Severability. These covenants and restrictions are severable and the invalidation of one shall not invalidate any other covenant hereof, and each covenant shall be independent to such extent. 8 Reservation of Rights. Avatar reserves the right to create one or more additional Villages upon property owned by Avatar or its assignees or designees. Such Villages shall be subject to such use restrictions and setbacks as deemed appropriate by Avatar or its assignees or designees and recorded in the Public Records of the applicable County. Without limiting the foregoing, any property made subject to a new Village shall not be subject to the use restrictions set forth in this Declaration except and to the extent so designated by document recorded in the Public Records of the applicable County. The APV and Avatar or its assignee or designee agree to negotiate in good faith to what extent, if any, the APV will provide services to such property and be subject to Assessment by the APV based on the impact of such development. CFN# 2023035172 OFFICIAL RECORDS O DOC_TYPE REST BK 6377 PG 2904 PAGE 8 OF 118 9 APV. 9.1 Establishment of APV. As an additional covenant and condition to the ownership to lands in Poinciana Subdivision, as now platted, and as to lands in any subsequent plats of Poinciana Subdivision filed by Avatar, Avatar has established the APV, a master owners association, which has under its umbrella the various Village Associations. The APV, this Declaration and the APV Articles affect all properties within the Poinciana Subdivision and all present and future Owners agree to be bound by this Declaration and the APV Articles, for themselves and as a charge and duty of each lot owned, or to be owned by them. 9.2 Rights of APV. APV shall have the right to own and take title to common areas not previously dedicated and accepted by the public such as roads, streets and other ways, greenways, drainage ways, retardation areas, open space and the like, and to designate improvements to be constructed on any of such lands which it may own at such time, or subsequently acquire. The APV shall have the right to assess the costs of construction of such improvements to the Owners of all Lots in Poinciana Subdivision and subsequent annexations and plats thereto. Except for streets and roadways dedicated to the Public, the APV or an improvement district, shall always assume the responsibility for maintenance of "Greenways" and "Retardation Areas", as set forth on the respective Plats of Poinciana Subdivision filed with the applicable County, and pursuant thereto, shall have the right to reimbursement therefor in accordance with the provisions hereof, to make Assessments on all of the Lots in the Poinciana Subdivision to cover the costs thereof, all as further provided below. 9.2.1 Tenant/Occupant: Because the APV is in contractual privity with the Owner rather than the Tenant/Occupant, the Owner is responsible for all violations occurring on the Owner's Lot. It is the Owner's responsibility to cause compliance with the provisions of this Declaration and the Criteria. However, the APV may, but shall not be required, to hold a Tenant/Occupant responsible, jointly or severally, if the Tenant/Occupant is causing the violation. To the extent practicable and economically feasible, the APV shall endeavor, but not be required, to identify those Lots occupied by Tenants/Occupants with the goal of informing the Tenant/Occupants of the various obligations and performance standards set forth herein. Also, it is incumbent upon all Owners to inform the APV, in writing, within thirty (30) days, of the date of the lease or initial rental, of the identity of the Tenant/Occupant. The APV shall utilize the various media readily available and under its control (APV publications, website, assessment billings, etc.) to disseminate such information as a proactive effort to prevent violations on rented lots. However, nothing herein or hereby or any actions of the APV shall relieve the Owner of the ultimate responsibility to correct all violations pertaining to the Owner's Lot. 9.3 Assessments. Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition of title in any manner (whether or not so expressed in the deed), including any purchaser at a judicial sale, shall hereafter be deemed to have covenanted and agreed to pay to the APV at the time and in the manner required by the APV Board, assessments or charges and any special assessments as are fixed, established and collected from time to time by the APV (collectively, the 5 CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2905 PAGE 9 OF 118 "Assessments"). The Assessments levied by the APV shall be used for, among other things, the purpose of promoting the recreation, health, safety and welfare of the residents of Poinciana Subdivision, and in particular for the improvement and maintenance of the Common Areas and any easement in favor of the APV. The Assessments levied by the APV Board shall be used exclusively for the purposes set forth in this Declaration, the Articles and the By-Laws and for the benefit of the Owners as an entire community, the improvements, maintenance, repair and replacement of properties, services and activities and facilities devoted to this purpose and applicable to the use and enjoyment of the Common Areas. 9.4 Allocation of Assessments. All Assessments shall be fairly apportioned over all the Lots, tracts, parcels and condominium units in the Poinciana Subdivision. The APV Board shall determine the total amount of Assessments required, including operational items such as insurance, repairs, maintenance and other operating expenses, as well as charges to cover any deficiencies from prior years, capital improvements and reserves approved by the APV Board. The total annual Assessments required and any supplemental requirements shall be allocated between, assessed to and paid in accordance with the following: Subject to the following, all Owners (other than Bulk Land Owners or Owners subject to a special assessment agreement with the APV) shall be assessed equally for costs and expenses of the APV related to any uniform overall community function, activity, service, facility or improvement of the APV which is for the specific benefit of all Villages. Assessments covering special costs and expenses of the APV for any function, activity, services, facility or improvements used by a portion of a Village or one or more Villages but not by all Villages shall be assessed to those Owners directly receiving the benefit thereof but not to Owners not receiving such benefit. The APV Board shall determine, using reasonable judgment, the amount assessed and what Owners are subject to such special Assessments. 9:5 Reserved for future use 9.6 Surplus Assessments Any surplus Assessments collected by the APV may be allocated towards the next year's Assessments. Under no circumstances shall the APV be required to pay surplus Assessments to Owners. 9.7 Establishment of Assessments Assessments shall be established in accordance with the following procedures: Assessments shall be established by the adoption of a twelve (12) month operating budget by the APV Board. The budget shall be in the form required by Section 720.303(6) of the Florida Statutes, as amended from time to time. Written notice of the amount and date of commencement thereof shall be given to each Owner not less than ten (10) days in advance of the due date of the first installment thereof. Notwithstanding the foregoing, the budget may cover a period of less than twelve (12) months if the first budget is adopted mid-year or in order to change the fiscal year of the APV. CFEN# 2023035172 OFFICIAL RECORDS O DOC _TYPE REST BK 6377 PG 2906 PAGE 10 OF 118 The APV may establish, from time to time, by resolution, rule or regulation, or by delegation to an officer or agent, including, a professional management company, use fees. The sums established shall be payable by the Owner utilizing the service or facility as determined by the APV. 9.8 Claim of Lien Each Owner, by acceptance of a deed or instrument of conveyance for the acquisition of title to a Lot, shall be deemed to have covenanted and agreed that the Assessments, and/or other charges and fees set forth herein, together with interest, late fees, costs and reasonable attorneys’ fees and paraprofessional fees at all levels of proceedings including appeals, collections and bankruptcy, shall be a charge and continuing lien in favor of the APV encumbering the Lot and all personal property located thereon owned by the Owner against whom each such Assessment is made. The lien is effective from and after recording a Claim of Lien in the Public Records stating the legal description of the Lot, name of the Owner, and the amounts due as of that date, but shall relate back to the date that this Declaration is recorded. If such Assessments are not paid, the Claim of Lien may be foreclosed after 90 days after same is outstanding, in the same manner as provided under Florida law for the foreclosure of mortgages. 9.9 Timing of Assessment Payment All Assessments shall be paid by Lot Owners as established annually by the APV Board and shall be due and payable to the APV in advance on or before the first day of each calendar year. The APV Board, in its discretion, may allow payments of Assessments on a monthly or other basis 9.10 Non-Payment of Assessments If any Assessment is not paid within fifteen (15) days (or such other period of time established by the APV Board) after the due date, a late fee of $25.00 per month (or such lesser or greater amount established by the APV Board from time to time), together with interest in an amount equal to the maximum rate allowable by law (or such lesser rate established by the APV Board), per annum, beginning from the due date until paid in full, may be levied. The late fee shall compensate the APV for administrative costs, loss of use of money, and accounting expenses. The APV may, at any time thereafter, bring an action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against the Lot and improvements thereon, or both. The APV shall not be required to bring such an action if it believes that the best interests of the APV would not be served by doing so. There shall be added to the Assessment all costs expended in preserving the priority of the lien and all costs and expenses of collection, including attorneys' fees and paraprofessional fees, at all levels of proceedings, including appeals, collection and bankruptcy. No Owner may waive or otherwise escape liability for Assessments provided for herein by non-use of, or the waiver of the right to use the Common Areas or by abandonment of a Lot. 9.11 Subordination of Lien The lien for Assessments shall be subordinate to a bona fide first mortgage held by a Lender on any Lot if the mortgage is recorded in the Public Records prior to the Claim of Lien. The lien for Assessments shall not be affected by any sale or transfer of a Lot, except in the event of a sale or transfer of a Lot pursuant to a foreclosure (or by deed in lieu of foreclosure or 7 CFEN# 2023035172 OFFICIAL RECORDS O DOC _TYPE REST BK 6377 PG 2907 PAGE 11 OF 118 otherwise) of a bona fide first mortgage held by a Lender, in which event, the acquirer of title, its successors and assigns, shall be liable for all unpaid assessments secured by a lien for Assessments encumbering the Lot or chargeable to the former Owner of the Lot, or if the acquirer is the first mortgagee, its liability shall be as provided in Section 720.3085, Florida Statutes as it may be amended from time to time. However, any such unpaid Assessments for which such acquirer of title is not liable may be reallocated and assessed to all Owners (including such acquirer of title) as a part of the operating costs of the APV included within Assessments. Any sale or transfer pursuant to a foreclosure (or by deed in lieu of foreclosure or otherwise) shall not relieve the Owner from liability for, nor the Lot from the lien of any Assessments made thereafter. Nothing herein contained shall be construed as releasing the party liable for any delinquent Assessments from the payment thereof, or the enforcement of collection by means other than foreclosure. 9.12 Exemptio The APV Board shall have the right to exempt any portion of Poinciana Subdivision subject to this Declaration from the Assessments. The APV Board has exempted all Lots owned by Avatar from Assessments until such Lots are conveyed to a individual purchaser of a Lot. This Section shall not be amended by any party or entity without the prior written approval of Avatar. The following property is also exempt: Any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use. Common Areas. Land and improvements owned by governmental entities pursuant to Florida law. 10 Utility Fee: With respect to the real property described on Exhibit F and all of Poinciana Subdivision in Polk County other than Village Ten, commencing one year after the date a Lot buyer agrees to purchase a Lot, the Owner will be responsible for payment of a utility availability fee to Avatar ("Utility Availability Fee"). This Utility Availability Fee is to help Avatar defray the costs and expenses involved in making utility service available to the Lot. The Utility Availability Fee is presently estimated at $9.00 per month per Lot, subject to adjustment in relation to actual costs and expenses and the Utility Availability Fee shall continue until the utility facilities have been turned over to a utility company. The extent of the utility maintenance program and the amounts expended shall be within the sole discretion of Avatar. This Utility Availability Fee shall constitute a lien against the assessed Lot, and if unpaid, may be collected and enforced by any legal remedies available to Avatar with the Lot Owner being liable for reasonable costs, including attorney's fees. The Lot Owner's responsibility for the Utility Availability Fee shall survive delivery of the deed. 11 Fines, Suspension of Voting, Etc. VL. Reserved for future use CFEN# 2023035172 OFFICIAL RECORDS O DOC TYPE REST BK 6377 PG 2908 PAGE 12 OF 118 Richard E. Larsen, Esq. Larsen Slaten, PLLC 5323 Millenia Lakes Blvd, Suite 300 Orlando, FL 32839 (407) 841-6555 STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared Richard E Larsen, who being duly sworn, says He/she is the agent for ASSOCIATION OF POINCIANA VILLAGES, INC., a corporation not for profit, the lienor herein, hereinafter, "Association," whose address is c/o FirstService Residential, 401 Walnut Street, Kissimmee, FL 34759. Cathy Barrow, hereinafter "Owner," is the record owner of the following described real property in Osceola County, Florida: Lot 24, Block 1319, Poinciana, Neighborhood 3, Village 2, according to the plat thereof as recorded in Plat Book 3, at pages 109-119, Public Records of Osceola County, Florida. 254 Abbotsbury Dr Poinciana, FL 34758 Owner is delinquent in the payment of the assessments in the total sum of $286.00 as of the date hereof, Notification of said delinquency has been given, but the same remains unpaid as of the date hereof. The Declaration provides that a lien for unpaid assessments may be placed upon property at ASSOCIATION OF POINCIANA VILLAGES, INC. WHEREFORE, notice is hereby given that the Association claims a lien in the amount of $286.00 on the real property described in paragraph 2 above, which lien shall also secure all late charges, interest, costs of collection including reasonable attorneys’ fees and all assessments to become due and payable henceforth until payment in full of same. The due dates are as follows, plus other past deficiencies and amounts due and owing: AMOUNT DUE DATE WHEN DUE $286.00 January 1.2020 through December 17, 2020 Assessments, late fees, and interest due January 1, 2021 rough Dacgmber 17, 2020 ASSOC! ION PF POJMCIANA VILLAGES, INC. BY: Richard E Larsen, clo Larsen Slaten, LLC 5323 Millenia Lakes Bivd, Suite 300 Orlando, FL 32839 THE FOREGOING instrument was acknowledged before me by means of (mark one) physical presence or 0 ‘online notarization this a \_ day of December, 2020, by Richard E. Larsen, Esq., who is personally known to me. 0er ria (> (StaryPi ubli¢-State of Florida Stamp or Séal: on Notary Public State of Flonda Sally S. Hendricks My Commission GG 153752 ‘oFa Expires 10/22/2021 EXHIBIT "B" Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 12/23/2020 12:23:44 PM RECEIPT # 2390000 Rec Fees 10.00 EXTRA NAMES CFN# 2020174724 BK 5857 PG 1760 PAGE 1 OF 1 Larsen Slaten, PLLC 4700 Millenia Blvd Suite 500 Orlando, FL, 32839-3300 Cathy Barrow 254 Abbotsbury Dr Poinciana, FL 34758-4218 Richard E. Larsen * + MAIN OFFICE Thomas R. Slaten, Jr.* Charles L. Eldredge, Jr 4700 Millenia Bivd, Suite S00 CherylC, Slaten Orlando, FL 32839 LARSEN P 407.841.6855 *Shareholder Collections F 407,386,7907 SLATEN t Admitted in Florida and Illinois General F 407.841.6686 PLLC FINAL NOTICE November 02, 2023 Re Lot/Unit: Lot 24; Association of Poinciana Villages, Inc. Unpaid dues and collection charges Property address: 254 Abbotsbury Dr; Poinciana; FL 34758 Dear Cathy Barrow: Please be advised we have not received your payment that was due. Weare now proceeding with foreclosure of the above referenced property. If you wish to stop this action you must immediately pay the “Total Due,” stated below: Charge Amount APV - Assessments $2,733.79 APV - Cost of Collections/Late Fee $695.00 Attorneys! Costs - Firm $105.00 Attorneys' Fees $935.00 Recording Charges - Firm $60.00 Postage - Firm $62.92 Copy Charges - Firm $12.00 Final Notice Attorneys' Fees $125.00 210 South Beach Street 4651 Salisbury Road Suite 202 Suite 400 Daytona Beach, FL 32114 EXHIBIT "C" Jacksonville, FL 32256 Cathy Barrow November 02, 2023 Matter ID: 533269 Page 2 Total Charges $4,728.71 Total Payments $0.00 Total $4,728.71 Please note that the total due required above is only for your delinquent assessment matter. If you have a covenant violation case or other non-collection matter pending with the Association, any amounts due in those matters are separate charges and are not included in this total. Payment must be made by certified check or money order and mailed to our Lockbox at Larsen Slaten, PLLC Trust, Dept. 161715, PO Box 413026, Napl