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Filing# 167720332 E-Filed 02/28/2023 02:45:03 PM
IN THECOUNTY COURT OF THE 17 THi
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
C.V.P. COMMUNITY CENTER, INC.,
a Florida corporation,and PINES MASTER CASE NO. CONO-22-004741
MANAGEMENT, INC., a Florida corporation,
Plaintiffs,
VS.
NELLY JOSEFINA RODRIGUEZ, THE UNKNOWN
SPOUSE OF NELLY JOSEFINA RODRIGUEZ,
TRUST BANK AS SUCCESSOR BY MERGER
TO SUNTRUST BANK, SOUTH FLORIDA, N.A.,
CAMBRIDGE AT CENTURY VILLAGE
CONDOMINIUM IV ASSOCIATION, INC.,
AND UNKNOWN TENANT(S) IN POSSESSION,
Defendants.
i
PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
Plaintiffs, C.V.P. COMMUNITY CENTER, INC. and PINES MASTER
MANAGEMENT, INC., move the Court for entry of summary judgment, and state:
1. Plaintiffs file herewith the Affidavit of Monica Wells ("Wells Affidavit")in
support of this Motion. The Wells Affidavit is filed with the other supporting affidavits in
conjunctionwith this Motion.
2. Plaintiffs' Complaint seeks to foreclose a lien for long term lease upon the
followingreal property located in Broward County, Florida:
Unit 103, Building J, CAMBRIDGE AT CENTURY VILLAGE CONDOMINIUM
#IV, according to the Declaration of Condominium as recorded in Official Records
Book 17300, at page 930, ofthe Public Records of Broward County, Florida.
the "Property").
(Hereinafter
3 On August 3,2020, Defendant, TRUST BANK AS SUCCESSOR BY MERGER
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2023 02:45:02 PM.****
TO SUNTRUST BANK, SOUTH FLORIDA, N.A., was served with process and due to its
failure to file a responsivepleading,Plaintiff filed a Motion for Default on August 24, 2022
which was issued by the Clerk of Court on August 25,2022.
4. On August 5, 2022, Defendant, CAMBRIDGE AT CENTURY VILLAGE
CONDOMINIUM IV ASSOCIATION, INC. ("CAMBRIDGE"), was served with process and
filed an Answer on August 30,2022 in which it raised one Affirmative Defense. Affirmative
Defense states that Plaintiff would be liable for all maintenance fees and assessments due against
the subjectProperty which accrued before and after Plaintiff" s potentialacquisitionof title to the
condominium.
5. Plaintiff has no objectionto CAMBRIDGE obtainingany proceeds in excess of
Plaintiff's judgment in order to satisfyunpaid maintenance fees and assessments in the subject
Property. Here, any interest claimed by CAMBRIDGE is subordinate and inferior to that of
Plaintiffs. Therefore, the Affirmative Defense does not preclude summary judgment from being
entered in favor of Plaintiffs.
6. On August 9, 2022, Defendant, UNKNOWN TENANT(S) IN POSSESSION,
was dropped as a party to this action.
7. On December 6,2022, Plaintiffs filed a Motion for Extension of Time to Perfect
Service of Process on Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN
SPOUSE OF NELLY JOSEFINA RODRIGUEZ, which was granted by the Court on December
15,2022.
8 On December 23,2022, Plaintiff filed a Sworn Statement for Service of Process
by Publication on Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN
SPOUSE OF NELLY JOSEFINA RODRIGUEZ.
9. A Notice of Action was issued on January 4,2023 and a Notice of filing
Proof of
Publication ofNotice ofAction was filed by Plaintiffs on February 21, 2023.
10. On February 21, 2023, Plaintiffs filed a Motion for Default and Default against
Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN SPOUSE OF NELLY
JOSEFINA RODRIGUEZ, for failure to serve any papers on the undersigned or file any papers
as requiredby law, which was issued by the Clerk o f Court on February 22,2023.
11. The Property is owned by Defendant, NELLY JOSEFINA RODRIGUEZ, as a
singlewoman by virtue of that certain Personal Representative'sDeed. Said ownership is subject
to the lien rightsof Plaintiffs and is subordinate to said lien rights,
pursuant to the Long Term
Lease ("Lease") and Master Management Agreement ("MMA") for recreational facilities at the
Century Village complex recorded as exhibits to the Declaration of Condominium recorded on
Official Record Book 17300, Page 930, et. seq. as amended by Amendments No 1 to Declaration
of Condominium in O.R. Book 17411, Page 959, No 2 to Declaration of Condominium in O.R.
Book 17651, Page 717, No 3 to Declaration of Condominium recorded in O.R. Book 17742,
Page 934, and No 4 to Declaration of Condominium in O.R. Book 17869, Page 335, all of the
Public Records of Broward County, Florida.
12. Pursuant to the Lease and MMA attached to the originaldeed and attached to the
Declaration of Condominium, a lien was imposed againstthe Property in question for the
payment of recreational lease payments. A copy of the Lease is attached to the Complaint as
Exhibit "A" and a copy of the MMA is attached to the Complaint as Exhibit "B". Pursuant to
paragraph 6.5 of the MMA, PINES MASTER MANAGEMENT, INC. designated C.V.P.
COMMUNITY CENTER, INC. as its designatedcollection agent.
13. Plaintiffs are the successors in interest to the terms and conditions of the
Declaration of Condominium and the MMA with respect to the recreational facilities.
14. Section 9.2 of the Lease states, in pertinentpart "Lessor shall have a first lien,
paramount to all others, on every right and interest of the Individual Lessee in and to their
interest in the Condominium Unit, and all appurtenances thereto, and on any furniture,
furnishings,appliances,equipment, fixtures and goods of every kind, and on the equity therein,
which is owned or purchased by Individual Lessees, includingthe Association's assets and
Common Surplus which is attributable to the Individual Lessee . . .This lien is granted for the
purpose of securing the payment of rents to Lesson and taxes, assessments, charges, liens,
and damages herein covenanted to be paid by the Individual Lessee."
penalties
15. Plaintiffs have the right to foreclose its lien against Defendants for the
nonpayment of rent due under the Lease.
16. Plaintiffs' lien is superior to that of any Defendant and Plaintiffs are owed
princ*al and interest in the amount set forth in the attached Affidavit,together with costs and
attorney'sfees.
17. The pleadings and Affidavit show there is no genuine issue as to any material
fact,and Plaintiffs are entitled to a judgment as a matter of law on the aforementioned claim.
WHEREFORE, C.V.P.
Plaintiffs, COMMUNITY CENTER, INC. and PINES MASTER
MANAGEMENT, INC., request the Court grant their Motion for Summary Judgment, and enter
judgment in favor of Plaintiffs and againstDefendants for the unpaid assessments, costs, and
attorney'sfees.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a trueand correct copy of the foregoing has been
filed using the Florida Courts E-FilingPortal and served upon: Tara N. Mulrey,
electronically
Esq., Straley I Otto, 2699 Stirling Road #C207, Ft. Lauderdale, FL, 33312, at
attorney@straleyotto.com, tmulrey@straleyotto.com,and samantha@straleyotto.com;and via
US Mail upon: Nelly Josefina Rodriguez and The Unknown Spouse of Nelly Josefina Rodriguez,
Defendants, at 12701 S.W. 14th St.,Unit 103-J, Pembroke Pines, FL 33027, on this 28th day of
February,2023.
RTRLAW
CVP and Pines Master
Attorneys for Plaintiff,
3333 W. Commercial Blvd., Suite 200B
Fort Lauderdale, FL 33309
Tel:(954) 370-5152
Fax: (954) 370-1992
Email:
ghidalgo@rtrlaw.com
By: /s/ Brian D. Gottlieb
BRIAN D. GOTTLIEB, ESQ.
F.B.N. 0015302
GABRIELA A. HIDALGO, ESQ.
F.B.N. 1010243
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Filing# 167720332 E-Filed 02/28/2023 02:45:03 PM IN THECOUNTY COURT OF THE 17 THi JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA C.V.P. COMMUNITY CENTER, INC., a Florida corporation,and PINES MASTER CASE NO. CONO-22-004741 MANAGEMENT, INC., a Florida corporation, Plaintiffs, VS. NELLY JOSEFINA RODRIGUEZ, THE UNKNOWN SPOUSE OF NELLY JOSEFINA RODRIGUEZ, TRUST BANK AS SUCCESSOR BY MERGER TO SUNTRUST BANK, SOUTH FLORIDA, N.A., CAMBRIDGE AT CENTURY VILLAGE CONDOMINIUM IV ASSOCIATION, INC., AND UNKNOWN TENANT(S) IN POSSESSION, Defendants. i PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Plaintiffs, C.V.P. COMMUNITY CENTER, INC. and PINES MASTER MANAGEMENT, INC., move the Court for entry of summary judgment, and state: 1. Plaintiffs file herewith the Affidavit of Monica Wells ("Wells Affidavit")in support of this Motion. The Wells Affidavit is filed with the other supporting affidavits in conjunctionwith this Motion. 2. Plaintiffs' Complaint seeks to foreclose a lien for long term lease upon the followingreal property located in Broward County, Florida: Unit 103, Building J, CAMBRIDGE AT CENTURY VILLAGE CONDOMINIUM #IV, according to the Declaration of Condominium as recorded in Official Records Book 17300, at page 930, ofthe Public Records of Broward County, Florida. the "Property"). (Hereinafter 3 On August 3,2020, Defendant, TRUST BANK AS SUCCESSOR BY MERGER *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2023 02:45:02 PM.**** TO SUNTRUST BANK, SOUTH FLORIDA, N.A., was served with process and due to its failure to file a responsivepleading,Plaintiff filed a Motion for Default on August 24, 2022 which was issued by the Clerk of Court on August 25,2022. 4. On August 5, 2022, Defendant, CAMBRIDGE AT CENTURY VILLAGE CONDOMINIUM IV ASSOCIATION, INC. ("CAMBRIDGE"), was served with process and filed an Answer on August 30,2022 in which it raised one Affirmative Defense. Affirmative Defense states that Plaintiff would be liable for all maintenance fees and assessments due against the subjectProperty which accrued before and after Plaintiff" s potentialacquisitionof title to the condominium. 5. Plaintiff has no objectionto CAMBRIDGE obtainingany proceeds in excess of Plaintiff's judgment in order to satisfyunpaid maintenance fees and assessments in the subject Property. Here, any interest claimed by CAMBRIDGE is subordinate and inferior to that of Plaintiffs. Therefore, the Affirmative Defense does not preclude summary judgment from being entered in favor of Plaintiffs. 6. On August 9, 2022, Defendant, UNKNOWN TENANT(S) IN POSSESSION, was dropped as a party to this action. 7. On December 6,2022, Plaintiffs filed a Motion for Extension of Time to Perfect Service of Process on Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN SPOUSE OF NELLY JOSEFINA RODRIGUEZ, which was granted by the Court on December 15,2022. 8 On December 23,2022, Plaintiff filed a Sworn Statement for Service of Process by Publication on Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN SPOUSE OF NELLY JOSEFINA RODRIGUEZ. 9. A Notice of Action was issued on January 4,2023 and a Notice of filing Proof of Publication ofNotice ofAction was filed by Plaintiffs on February 21, 2023. 10. On February 21, 2023, Plaintiffs filed a Motion for Default and Default against Defendants, NELLY JOSEFINA RODRIGUEZ and THE UNKNOWN SPOUSE OF NELLY JOSEFINA RODRIGUEZ, for failure to serve any papers on the undersigned or file any papers as requiredby law, which was issued by the Clerk o f Court on February 22,2023. 11. The Property is owned by Defendant, NELLY JOSEFINA RODRIGUEZ, as a singlewoman by virtue of that certain Personal Representative'sDeed. Said ownership is subject to the lien rightsof Plaintiffs and is subordinate to said lien rights, pursuant to the Long Term Lease ("Lease") and Master Management Agreement ("MMA") for recreational facilities at the Century Village complex recorded as exhibits to the Declaration of Condominium recorded on Official Record Book 17300, Page 930, et. seq. as amended by Amendments No 1 to Declaration of Condominium in O.R. Book 17411, Page 959, No 2 to Declaration of Condominium in O.R. Book 17651, Page 717, No 3 to Declaration of Condominium recorded in O.R. Book 17742, Page 934, and No 4 to Declaration of Condominium in O.R. Book 17869, Page 335, all of the Public Records of Broward County, Florida. 12. Pursuant to the Lease and MMA attached to the originaldeed and attached to the Declaration of Condominium, a lien was imposed againstthe Property in question for the payment of recreational lease payments. A copy of the Lease is attached to the Complaint as Exhibit "A" and a copy of the MMA is attached to the Complaint as Exhibit "B". Pursuant to paragraph 6.5 of the MMA, PINES MASTER MANAGEMENT, INC. designated C.V.P. COMMUNITY CENTER, INC. as its designatedcollection agent. 13. Plaintiffs are the successors in interest to the terms and conditions of the Declaration of Condominium and the MMA with respect to the recreational facilities. 14. Section 9.2 of the Lease states, in pertinentpart "Lessor shall have a first lien, paramount to all others, on every right and interest of the Individual Lessee in and to their interest in the Condominium Unit, and all appurtenances thereto, and on any furniture, furnishings,appliances,equipment, fixtures and goods of every kind, and on the equity therein, which is owned or purchased by Individual Lessees, includingthe Association's assets and Common Surplus which is attributable to the Individual Lessee . . .This lien is granted for the purpose of securing the payment of rents to Lesson and taxes, assessments, charges, liens, and damages herein covenanted to be paid by the Individual Lessee." penalties 15. Plaintiffs have the right to foreclose its lien against Defendants for the nonpayment of rent due under the Lease. 16. Plaintiffs' lien is superior to that of any Defendant and Plaintiffs are owed princ*al and interest in the amount set forth in the attached Affidavit,together with costs and attorney'sfees. 17. The pleadings and Affidavit show there is no genuine issue as to any material fact,and Plaintiffs are entitled to a judgment as a matter of law on the aforementioned claim. WHEREFORE, C.V.P. Plaintiffs, COMMUNITY CENTER, INC. and PINES MASTER MANAGEMENT, INC., request the Court grant their Motion for Summary Judgment, and enter judgment in favor of Plaintiffs and againstDefendants for the unpaid assessments, costs, and attorney'sfees. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a trueand correct copy of the foregoing has been filed using the Florida Courts E-FilingPortal and served upon: Tara N. Mulrey, electronically Esq., Straley I Otto, 2699 Stirling Road #C207, Ft. Lauderdale, FL, 33312, at attorney@straleyotto.com, tmulrey@straleyotto.com,and samantha@straleyotto.com;and via US Mail upon: Nelly Josefina Rodriguez and The Unknown Spouse of Nelly Josefina Rodriguez, Defendants, at 12701 S.W. 14th St.,Unit 103-J, Pembroke Pines, FL 33027, on this 28th day of February,2023. RTRLAW CVP and Pines Master Attorneys for Plaintiff, 3333 W. Commercial Blvd., Suite 200B Fort Lauderdale, FL 33309 Tel:(954) 370-5152 Fax: (954) 370-1992 Email: ghidalgo@rtrlaw.com By: /s/ Brian D. Gottlieb BRIAN D. GOTTLIEB, ESQ. F.B.N. 0015302 GABRIELA A. HIDALGO, ESQ. F.B.N. 1010243