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In the County Court in and for Seminole County,
Florida
Deer Run Homeowners Association #14, Inc., a
Florida not for profit corporation, Case No.: 2024CC002474
Plaintiff,
Corl Anthony Williams Jr.; The Mortgage Firm,
Inc.; Movement Mortgage, LLC; All Unknown
Tenants/Owners
Defendant(s).
COMPLAINT TO FORECLOSE LIEN AND MONEY DAMAGES
Plaintiff Deer Run Homeowners Association #14, Inc. ("Association") by and through its
undersigned counsel hereby sues Defendant(s) Corl Anthony Williams Jr. ("Owner(s)"); The Mortgage
Firm, Inc.; Movement Mortgage, LLC; and All Unknown Tenants/Owners ("Tenant") (sometimes
collectively referred to hereinafter as "Defendants"), and states as follows:
General Allegation:
This is an action to foreclose a Claim of Lien for assessments and damages which do not
exceed $0,000.00, exclusive of interest, costs, and attorneys' fees.
Plaintiff Association is a homeowner’s association operating pursuant to the provisions of
Chapter 720, Florida Statutes, and is doing business in Seminole County, Florida.
Pursuant to Article V of the Declaration of Covenants and Restrictions for Deer Run Unit
14, as recorded in the Public Records of Seminole County, Florida ("Declaration"), Plaintiff Association
is authorized to make and collect assessments for common expenses against the individual lots therein. A
true and correct copy of the first page and those portions pertaining to collection of assessments is
attached hereto as Exhibit A
Defendant Owner(s) is/are the fee simple owners of the following described real
property:
LOT 188, DEER RUN UNIT 14 "B", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 30, PAGES 78 AND 79, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. ("Property")
Defendant Tenant resides in and occupies the Property.
Defendant The Mortgage Firm, Inc.is a Delaware Corporation.
Defendant Movement Mortgage, LLC is a Delaware Limited Liability Company.
Defendant Owner(s) is/are not in the military service of the United States of America or
any of its allies as of the service of this suit upon them. Therefore, Defendant Owner(s) is/are not entitled
to protection under the Soldiers and Sailors Civil Relief Act of the United States, 50 U.S.C. 510, et seq.
By virtue of ownership in the Property, Defendant Owner(s) is/are a member of Plaintiff
Association.
Pursuant to Article V of the Declaration, Defendant Owner(s), as record title holder(s) of
the Property, covenanted and agreed to pay to Plaintiff Association all assessments and special
assessments, together with interest and costs of collection.
Plaintiff Association has levied assessments against the Property owned by Defendant
Owner(s).
Defendant Owner(s) has/have failed to pay these assessments as they have become due
and payable.
COUNT I: LIEN FORECLOSURE
This is an action to foreclose a Notice and Claim of Lien for homeowner's association
assessments in accordance with the Declaration and Chapter 720, Fla. Stat.
Plaintiff Association readopts and realleges Paragraphs 1 through , as if more fully set
forth herein.
Plaintiff Association on or about September 30, 2023, gave Defendant Owner notice of
late assessment at least 30 days prior to providing Defendant Owner notice of its intention to file a lien. A
true and correct copy of the Notice of Late Assessment is attached hereto as Ex!
Plaintiff Association on or about October 31, 2023, gave Defendant Owner notice of its
intention to record a notice and claim of lien for unpaid assessments, by certified mail, return receipt
requested, USPS tracking number 70223330000082840181, at least 45 days prior to filing its lien. A true
and correct copy of the Notice of Intent to Lien is attached hereto as Exhibit C
Plaintiff Association has filed a Notice of Claim of Lien against Defendant Owner(s),
which was recorded on January 19, 2024, in Official Records Book 10567, Page 1386, of the Public
Records of Seminole County, Florida ("Lien"). A true and correct copy of the Notice and Claim of Lien
is attached hereto as Exhibit D
Plaintiff Association on or about January 10, 2024, gave Defendant Owner notice of its
intention to foreclose its Lien, by certified mail, return receipt requested, USPS tracking number
71969002484081445077, at least 45 days prior to initiating this lawsuit. A true and correct copy of the
Notice of Intent to Foreclose is attached hereto as Exhibit E
Defendant Tenant may claim some right, title, or interest in the Property by virtue of their
status as tenants; however any such right, title or interest claimed by Defendant Tenant is subject and
inferior to the rights of Plaintiff Association.
Defendant The Mortgage Firm, Inc. may have an interest in the Property by virtue of that
certain Mortgage recorded at Official Records Book 8317, Page , of the Public Records of Seminole
County, Florida. However, any such interest is subject and inferior to the interest of Plaintiff Association.
Defendant Movement Mortgage, LLC may have an interest in the Property by virtue of
that certain Mortgage recorded at Official Records Book , Page of the Public Records of
Seminole County, Florida. However, any such interest is subject and inferior to the interest of Plaintiff
Association.
Plaintiff Association has retained the undersigned law firm to represent it in this action
and is obligated to pay it a reasonable fee for its services.
All conditions precedent to the initiation of this action have occurred or have been
waived.
WHEREFORE, Plaintiff Association requests that this Honorable Court (1) enter final judgment
of foreclosure against the Defendants and order that the real property described above be sold to satisfy
Plaintiff's lien together with interests, costs, and attorney's fees; (2) enter a deficiency judgment against
the Defendant Owner in the amount remaining unpaid; (3) find that the interest of the Defendant Owner
and all persons claiming by, through, under, or against the Defendant Owner and all persons claiming by,
through, under, or against the Defendant Owner whose interest has arisen since the filing of the notice of
lis pendens shall be foreclosed; (4) grant such other and further relief as is just and proper.
COUNT Il: MONETARY JUDGMENT
Plaintiff Association readopts and realleges Paragraphs | through as if more fully set
forth herein.
Section 720.3085, Florida Statutes, and Article V of the Declaration allows the
Association to bring an action at law to recover a money judgment against a unit owner for unpaid
assessments without waiving any Claim of Lien.
Defendant Owner(s), as the owner of Property, is liable for all assessments which come
due during ownership.
Further, as the purchaser of Property, Defendant Owner(s) is liable for all unpaid
assessments owing at the time of purchase, along with an accrued late fees, interest, costs, and attorneys'
fees.
Defendant Owner(s)'s assessments are delinquent as Association is entitled to collect
damages caused by the Defendant's failure to comply with the statutory and contractual provisions
governing membership within the Association.
Due to Defendant Owner(s)'s failure to timely pay assessments as the same came due,
Plaintiff Association has and does exercise its option to personally sue Defendant Owner(s).
All conditions precedent to the initiation of this action have occurred or have been
waived.
Additional assessments have become due, and will become due, subsequent to the filing
of this Complaint; Defendant Owner is obligated to pay these additional assessments to the Association
pursuant to the Declaration and Florida Statutes.
Pursuant to Florida Statute 720.3085, the Association is entitled to recover all unpaid
assessments, late fees, interest, and reasonable costs and attorneys' fees incurred in an action to recover a
monetary judgment for unpaid assessments.
WHEREFORE, Plaintiff Association requests entry of judgment for damages against Defendant
Owner(s) and for such other and further relief as is permitted by law and pursuant to the Declaration,
including costs and attorneys' fees.
DHN ATTORNEYS, P.A.
448 South Alafaya Trail, Unit 8,
Orlando, FL 32828
Office: (407) 269
Fax: (407) 650
By: /s/ Ryan Fong.
Ryan Fong, Esquire
Florida Bar No. 113279
ryan@dhnattorneys.com
Don H. Nguyen, Esquire
Florida Bar No. 0051304
don@dhnattorneys.com
cy
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O.R. 1576 PG 1238 CERTIFIED COPY,
1946
ARTHUR H. BECKWITH, JRy
0.R. 1573 P% SEERK OF THE CIRCUIT COURT.
SJ OLE SOURTY, FLORI
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wo , i , ‘ bon
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DECLARATION OF COVENANTS AND repo ioe ~
dd FOR "eo :
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vad DEER RUN UNIT 144, wh
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THIS DECLARATION is made this 23 Iday ugqusti.., 1 84
by AMERIFIRS1T DEVELOPMENT CORPORATION, a " ation, here-
inafter called "Developer". *
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40 WHEREAS, Developer is the owner of the real property
Ho described in Article II of this Declaration and desires to create
Vd a residential community on such property with open spaces and
uc other common facilities for the benefit of such community, to be
Coed known as "Deer Run Unit 14"; and
OVD
ON -
OUYvoO WHEREAS, Developer desires to provide for the preser-
wow
vation of the values and amenities in Deer Run Unit 14 and for
oH the maintenance of its common properties; and
ogg
od WHEREAS, Developer desirable has
for the deemed it
Po
efficient preservation of the
in Deer values
Run and amenities
Ov Unit 14, to delegate and assign to a newly formed nonprofit
oy corporation the powers of maintaining and administering the com-
a munity properties and facilities and administering and enforcing
these covenants and restrictions and collecting and disbursing
oo
on the assessments and charges hereinafter created; and
Qs
wa WHEREAS, the Déveloper has incorporated under the laws
nov
4 OO of the State of Florida, as a nonprofit corporation, Deer Run
Homeowner's Association #14, Inc., for the purposes of exercising
the functions stated above, which Association is not intended to
be a “Condominium Association" as such term is defined and
described in the Florida Condominium Act (Chapter 718 of the
Florida Statutes).
Ada NOW, THEREFORE, the Developer declares that the real
Property described in Article II, and such additions to such real
Property as may be made pursuant to Article II hereof, is and
shall be held, transferred, sold, conveyed and occupied subject
to the covenants, restrictions, easements,
os charges and liens
hereinafter set forth.
DE
aw This
4 document was prepared by, and should be returned to: Charles
wv
Aad D Robbins, Esq., of Blackwell, Walker and Gray, Powers, Flick an
oo Hoehl, One
AD Southeast Third Avenue, Miami, Florida 33131. |
RETURN TO: SWANN & HAUDOCK, pac =
REAL ESTATEDEPR.
P. 0. Box 640
Orlando, FL 32802-0640
0.R. 1576 PG 1246
0.R. 1573 PG 1954
granted to the appropriate governmental authorities and to the
appropriate private organizations supplying health, sanitation,
police services and any emergency services such as fire, ambu-
lance and rescue services, for purposes of ingress and egress
over the Common Properties.
Section 6. Developer's Construction and Sales Activi-
ties. In addition to the property rights granted in this Decla-
ration to the Developer, as an Owner or otherwise, the Developer
is extended the right to enter upon the Properties at any time
and in any way reasonably necessary to allow the Developer to
construct or sell, or promote, in this subdivision or any contig-
uous subdivision or to carry out any responsibility of the Devel-
oper to Owners in such subdivisions, including but not limited to
the right to use the street in front of the Model Areas
designated by Developer for parking by visitors and staff, to use
any part the Common
of Properties for location of Developer's
sales center, to maintain and show model homes, to have employees
in the office, and to use the Common Properties. Notwithstanding
any other provision in the Declaration, the Developer is irrevoc-
ably empowered to sell, lease or rent Lots on any terms to any”
purchasers or lessees for as long as it owns any Lot.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obliga-
tion of Assessments. The Developer, for each Lot owned by it
within the Properties, hereby covenants, and each Owner of any
Lot, by acceptance of a deed therefor, whether or not it shall be
so expressed in any such
other deed or
conveyance, shall be
deemed to covenant and agree, to pay to the Association: (1)
Periodic Assessments or Charges; (2) Special Assessments for
capital improvements; and other expenditures by the Asscciation
hereinafter provided. The Periodic and Special Assessments,
together with such interest thereon and costs of collection
thereof as hereinafter provided, shall also be the personal obli-
gation of the person who was the owner of such property at the
time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments
levied by the Association shall be used exclusively for the pur-
pose of promoting the recreation, health, safety, and welfare of
the residents in the Properties and in particular for the
improvement and maintenance of properties, services and facil-
ities devoted to this purpose and related to the use and enjoy~
ment of the Common Properties and of the Lots, including but not
limited to, the payment of taxes and insurance on the Common
-9-
O.R. 1576 PG 1247
4955
0.R. 1573 PG
and additions thereto, and
Properties, and repair, replacement,
equipment, materials, management and
for the cost of labor,
supervision ther eof.
of Commencement of Periodic Assess~
Section 3. Date
Assessment Peri od. Peri odic Assessments shall
ments; Due Dates; be the first day
Lot on a date (which s hall
commence as to each of the Asso-
month) fixed by the Board of D irectors
of a cale ndar of any
of commencement. The due date
ciation to be the date such
be fixed in the resolution authorizing
assessment shall in one
The assessmen t shall be payab le in advance
installments if so determined
assessment.
payment or in monthly or quar terly
by the Board.
Basis and Maximum Amount of Periodic
Section 4.
Assessments.
Assessments" shall mean all
(a) "Periodic
described in Secti on 2 of this
assessments for the purposes 5
for Spec ial Asse ssme nts described in Section
Article V except ing, the Periodic
Article V. Until the Turnover Meet
of this
"A" Membe rs shall be established by the
Assessments for all Class
Developer.
Until January 1 of the year immediately
(b) to an Owner, the maxi-
following th e conveyance of the first Lot ($50.00) per Lot,
shall be Fifty Dollars
mum annual a ssessment on 5 of this
that may be asse sse d under Secti
plus any amounts
Article.
From and after January 1 of the year
(i) Lot or Dwelling
© f the first
immediately following the conveyance ssmen t may be increased
Unit to an Owner, the maximum annual asse
ip by a sum not more than
each year without a vote 0 f the Membersh maxim um asses sment
(5%) above the sum of: (1) the
five percent
adjus ted to refle ct price increases based
for the previous year, Cities-—
on the U.S. Governme nt's cu rrent Consumer Price Index All
All Items (1967 == 100) as published b y the U.S. Department of
mandated by governmental agencies
Labor, plus (2) increases
costs incurre d to obta in services from utility
and/or increased
entities.
From and after January 1 of the year
(ii)
of the first Lot or Dwelling
immediately following the conveyanc e increased
Unit to an Owner, the maximum annua 1 assessment may be
ion 4(b)(i) by a vote of
above the provisions as described in Sect are voting in
two-thirds (2/3) of each clas s of Members who duly called for this purpose.
person or by proxy, at a meeting
-10-
0.R. 1576 PG 1248
0.R. 1573 PG 1956
(c) The Board may change the budget and level
of Periodic Assessments.at a duly constituted meeting of the
Board which occurs after Turnover, provided that written notice
containing a copy of the newly adopted budget outlining the
assessment change is sent to all Members at least thirty (30)
days in advance of the effective date of the adopted change. For
each twelve-month period thereafter commencing on the first day
of January (hereinafter called an “Assessment Year"), the
Periodic Assessments may be adjusted by vote of the Board at a
duly held meeting after giving proper notice as described above.
Section 5. Special Assessments.
(a)
The Board may levy in any Assessment Year a
Special Assessment applicable to that year only, for the purpose
of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a described capital
improvement upon the Common Properties, including the necessary
fixtures and personal property related thereto, or for any
extraodinary working capital requirements provided that any such
assessment shall have the assent of a majority of the board of
directors or two-thirds (2/3) of the Members voting in person or
by proxy at a meeting duly called for that purpose. The due date
of any Special Assessment under this Article shall be fixed ina
resolution authorizing such assessment.
(b) Funds in excess of $10,000.00 in any: one
case which are necessary for the addition of capital improvements
(as distinguished from repairs and maintenance) relating to the
Common Properties under the jurisdiction of the Association and
which have not previously been collected as reserves or are
otherwise available to the Association shall be levied by the
Association as Special Assessments only upon approval of a major-
ity of the Board of Directors of the Association or upon approval
by two-thirds (2/3) favorable vote of the Members of the Associa-
tion voting at a duly constituted meeting of the Association.
Section 6. Uniform Rate of Assessment. All Periodic
and Special Assessments shall be at a uniform rate for each
Lot. However, until such time as the Class "B" membership con-
verts to Class oq" membership, the maintenance costs for the
unsold Lots chargeable to the Developer will be determined as
follows: The total amounts charged for common expenses to Lot
Owners other than the Developer will be deducted from the total
common expenses as incurred by the Association and the difference
will be paid by the Developer as its contribution to cover the
common expenses for the unsold Lots. The Association shall have
a lien upon all unsold Lots until such difference is paid; such
lien is to be enforceable in accordance with this Article. After
the Class B membership converts to Class A membership, the Devel-
-ll-
0.R. 1573 PG 1957
0.R. 1576 PG 1249
oper will pay the same assessment for common expenses on each of
said Lots as every other owner. Nothing in this Section 6 shall
be construed to require a Lot Owner other than the Developer to
pay more than the maximum annual assessment in Section 4 above
except in accordance with that section. Nor shall this Section 6
be construed to require a Lot Owner other than the Developer to
pay more than his proportionate share (based on the total number
of Lots under this Declaration) of the estimated operating budget
for the year in question, which budget shall be determined as if
all Lots which have been brought under the scope of this Decla-
ration were occupied and the Association were in full operation.
Section 7. Duties of the Board of Directors.
(a) The Board of Directors of the Association
shall prepare budgets and a roster of the Lots and assessments
applicable thereto which shall be kept in the office of the Asso-
ciation and shall be open to inspection by any Owner. Written
notice of the assessment for each Assessment Year shall be sent
to every Owner subject thereto at least thirty (30) days prior to
the commencement of the Assessment Year.
(b) The Association shall, upon demand at any
time, furnish to any Owner liable for said assessment a certifi-
cate in writing signed by an officer of the Association setting
forth whether said assessment has been paid. Such certificate
shall be conclusive evidence of payment of any assessment therein
stated to have been paid.
Section 8. Effect of Nonpayment of Assessment; the
Personal Obligation of the Owner; the Lien; Remedies of Associa-
tion; Late Fees.
(a) If any assessment against a Lot is not paid
on the date when due (being the dates specified in Section 3 and
Section 5 hereof), then such assessment shall be delinquent and
shall, together with such interest thereon and cost of collection
thereof, on such date be a continuing lien on the Lot which shall
bind such property in the hands of the then Owner, his heirs,
devisees, personal representatives and assigns. The personal
obligation of the then Owner to such assessment shall remain his
personal obligation for the statutory period of limitations.
(b) No voluntary sale of any Lot shall be
effective, nor shall any marketable title be conveyed unless and
until the seller has obtained from the proper officers of the
Association a certificate, in recordable form, attesting to the
fact that the seller has paid all assessments to date. If no
such certificate is obtained and recorded, the purchaser shall be
\ conclusively presumed by acceptance of the deed to have assumed
-12-
0.R. 1573 PG 1958
0.R. 1576 PG 1250
and to be liable for such past-due assessments. The Owner
requesting the certificate shall pay to the Association a reason-
able sum to cover the costs of examining records and preparing
the certificate.
(c) If the assessment is not paid within thirty
(30) days after the delinquency date, the assessment shall bear
interest from the date of delinq uency at a rate equal to six
percent (6%) per annum, and the Associat ion may bring an action
at law against the Owner persona lly obligat ed to pay the out-
standing assessme nts and/or bring an action to foreclos e the lien
against the Lot; and there shall be added to the amount of such
assessment all costs of collection, including, but not limited
to, the cost of any and all attorneys fees incident to collection
whether or not suit is brought including attorneys’ fees on
appeal. In the event a judgment is obtained , such judgment shall
include interest on t he assessments and a reasonable attorneys’
fee to be fixed by the Court together with costs incident to the
action.
Section 9. Subordination of the Lien to Mortgages. .
(a) The lien of the assessments against any Lot
shall be subordinate to the lien of any First Mortgagee now or
hereafter placed upon the Lot. If a First Mortgagee of record,
or other purchaser , obtains title to such property as a result of
foreclosu re of the lien of such First Mortgagee or as a result of
a deed given in lieu of foreclo sure thereof, such acquirer of
title and his successor s and assigns shall not be liable for the
assessments by the Association chargeable to the former Owner of
such Lot which became due and payable prior to the acquisition of
title as a result of the foreclos ure or deed given in lieu of
foreclosure, unless such assessm ents are secured by a Claim of
Lien for assessments that is recorded prior to the recordin g of
such mortgage.
(b) Such sale or transfer shall not relieve
such Lot from liability for any assessments thereafter becoming
due, or from the lien of any such subsequent assessment. Any
such subsequen t assessmen t shall be subordina te to the lien of a
First Mortgage placed upon the Lot prior to the time of the
recording of such subsequent assessment lien.
Section
10. Special Assessments for Capital Improve-
ents to Dwelling
Units. In addition to the annual assessments
authorized above, the Association may levy a special assessment
for the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or improvement of a
Dwelling Unit or Dwelling Units. Only the Owner or Owners of the
Dwelling Unit or Dwelling Units being constructed, reconstructed,
-13-
0.R. 1576 PG 1251
O0.R. 1573 PG 1959
repaired or improved shall be assessed for this purpose. In the
event any proceeds of any insurance policy are received by the
Association pursuant to Article VII of this Declaration, such
proceeds shall be applied first to the cost of such construction,
reconstruction, repair or improvement according to the provisions
of Article VII, but the Association may assess the Owner or
Owners of such Dwelling Unit or Dwelling Units for such Owner's
or Owners’ ratable share of the excess of such cost over such
insurance proceeds.
Section ll. Working Capital Fund. At the time Devel-
oper conveys a Lot to a purchaser, or an Owner conveys his Lot to
a subsequent purchaser, such purchaser shall deposit with the
Association an amount equal to two (2) times the amount equal to
the annual assessment divided by twelve (12), as a deposit into
the working capital fund to be used for maintenance, reserve,
emergency needs, initial and nonrecurring items, permits,
licenses, utility deposits and advance insurance premiums for
insurance policies and coverages, and other similar and necessary
expenses. The working capital fund may be commingled by the
Association with any of its other funds. -
Section 12. Property Owners Association; Drainage
Easements.
(a) Members of this Association are subject to
assessment by a Property Owners Association through this Asso-
ciation. Each Property Owners Association was formed to provide
for ownership, maintenance, preservation and control of areas
designated as Tract A, Tract B, etc. and dedicated on the respec
tive official plats for Units within Deer Run heretofore or
hereafter recorded, from time to time, in the public records of
Seminole County, Florida, and which lie within the property
described in that certain warranty deed dated December 31, 1980,
recorded in Official Records Book 1314, Page 1011, Public Records
of Seminole County, Florida (but not including any lands South of
Red Bug Lake Road). Copies of the Articles of Incorporation and
By-laws of the Property Owners Associations are recorded in Offi-
cial Records Book 1364 at Page 1706, Official Records Book 1364
at Page 1689, and respectively, all in the Public Records of
Seminole County, Florida.
(b) The Property Owners Associations have the
right to determine the portion of the assessment of each Deer Run
Homeowners Association (including this Association) which is to
be remitted to the Property Owners Associations. This
Association is responsible for collecting all assessments by the
Property Owners Associations against Owners along with this Asso-
ciation's assessments and forwarding same Promptly to the
Property Owners Associations. Such assessments shall not be
- 14 -
O.R. 1576 PG 1252
0.R. 1573 PG 1960
considered part of this Association's budget and this Association
shall not be entitled to use any of such funds.
'
(c) Easements for installation and maintenance
of drainage facilities are shown on the plat and the same are
reserved for such use. Although such easement areas are Common
Association Properties of this
Association and are to be main-
tained by this Association, the Property Owners Associations
shall control any changes to such areas. No structure, planting,
or other materials shall be placed or permitted to remain in such
easement areas or on any Lot which may change the direction of
flow or drainage in the easement areas, or which may obstruct or
retard the flow of water through drainage channels in the ease-
ment areas. It is important that the banks, swales, and berms
constituting a part of the lakes, swales and drainage canals
located within the Properties remain undisturbed and properly
maintained in order to perform their function. Where any portion
of such berms, swales and banks lie within a Lot, the Owner of
that Lot shall maintain the same .continuously and shall not dis-
turb, damage or otherwise interfere with the berm, swale,
drainage canal or other portion of said lake, drainage canal or
system which adjoins said Owner's Lot.
Section 13. Exempt Property. There shall be exempted
from the assessments, charges and liens created herein all prop-
erties to the extent any easement or other interest therein is
dedicated and accepted by the local public authority and devoted
to public use.
ARTICLE VI
DESIGN REVIEW COMMITTEE
Section 1. Members of Committee. As specified in the
By-laws, the Association shall have a Design Review Committee
("DRC"). The DRC shall consist of three (3) members. The ini-
tial members of the DRC shall consist of persons designated by
the Developer. Each of said persons shall hold office until all
Lots have been conveyed by Developer, or sooner at the option of
the Developer. Thereafter, each new member of the DRC shall be
appointed by the Board of Directors and shall hold office until
such time as he has resigned or has been removed or his successor
has been appointed, as provided herein. The Board of Directors
shall have the right to appoint and remove (either with or with-
out cause) any and all members of the DRC at any time, except for
members of the DRC appointed by the Developer.
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yee
Deer Run Homeowners! Association #14, Inc.
c/o Towers Property Management, Inc,
1320 N Semoran Blvd Ste 100
Orlando FL 32807
407-730-9872
Late Notice
9/30/2023
Corl WilliamsJr.
4007 August Court
Casselberry FL 32707
Re: 4007 August Court
Dear Owner:
Account # 10311
pry
The following amounts are currently due on you t ti eer Ru Homeowners’ Association
#14, Inc. and must be paid within thirty (30 s of the te ‘ter '. This letter shall serve
as the association’s notice of its intent TOK Tu er collection action against your
property no sooner than thirty (30 s of the e of this ter, unless you pay in full the
amounts set forth below:
Assessments through 1/30 74.18
Late Fees $0
Interest thro 30/; $31.43
Total Ar int $6,405.61
and the ar must insist that any communication about this matter be in writing and mailed to the
ad s abov 1 Set via email to accounting@towerspropertymgmt.com. This provides a written record
of yo ns and is done for your protection to prevent any possible misinterpretation by either party,
Your Board of Directors has instructed Towers Property Management to remind you to please
immediately send your payment in full to avoid any further collection action. Please make your check
payable to:
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In the County Court in and for Seminole County, Florida Deer Run Homeowners Association #14, Inc., a Florida not for profit corporation, Case No.: 2024CC002474 Plaintiff, Corl Anthony Williams Jr.; The Mortgage Firm, Inc.; Movement Mortgage, LLC; All Unknown Tenants/Owners Defendant(s). COMPLAINT TO FORECLOSE LIEN AND MONEY DAMAGES Plaintiff Deer Run Homeowners Association #14, Inc. ("Association") by and through its undersigned counsel hereby sues Defendant(s) Corl Anthony Williams Jr. ("Owner(s)"); The Mortgage Firm, Inc.; Movement Mortgage, LLC; and All Unknown Tenants/Owners ("Tenant") (sometimes collectively referred to hereinafter as "Defendants"), and states as follows: General Allegation: This is an action to foreclose a Claim of Lien for assessments and damages which do not exceed $0,000.00, exclusive of interest, costs, and attorneys' fees. Plaintiff Association is a homeowner’s association operating pursuant to the provisions of Chapter 720, Florida Statutes, and is doing business in Seminole County, Florida. Pursuant to Article V of the Declaration of Covenants and Restrictions for Deer Run Unit 14, as recorded in the Public Records of Seminole County, Florida ("Declaration"), Plaintiff Association is authorized to make and collect assessments for common expenses against the individual lots therein. A true and correct copy of the first page and those portions pertaining to collection of assessments is attached hereto as Exhibit A Defendant Owner(s) is/are the fee simple owners of the following described real property: LOT 188, DEER RUN UNIT 14 "B", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGES 78 AND 79, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ("Property") Defendant Tenant resides in and occupies the Property. Defendant The Mortgage Firm, Inc.is a Delaware Corporation. Defendant Movement Mortgage, LLC is a Delaware Limited Liability Company. Defendant Owner(s) is/are not in the military service of the United States of America or any of its allies as of the service of this suit upon them. Therefore, Defendant Owner(s) is/are not entitled to protection under the Soldiers and Sailors Civil Relief Act of the United States, 50 U.S.C. 510, et seq. By virtue of ownership in the Property, Defendant Owner(s) is/are a member of Plaintiff Association. Pursuant to Article V of the Declaration, Defendant Owner(s), as record title holder(s) of the Property, covenanted and agreed to pay to Plaintiff Association all assessments and special assessments, together with interest and costs of collection. Plaintiff Association has levied assessments against the Property owned by Defendant Owner(s). Defendant Owner(s) has/have failed to pay these assessments as they have become due and payable. COUNT I: LIEN FORECLOSURE This is an action to foreclose a Notice and Claim of Lien for homeowner's association assessments in accordance with the Declaration and Chapter 720, Fla. Stat. Plaintiff Association readopts and realleges Paragraphs 1 through , as if more fully set forth herein. Plaintiff Association on or about September 30, 2023, gave Defendant Owner notice of late assessment at least 30 days prior to providing Defendant Owner notice of its intention to file a lien. A true and correct copy of the Notice of Late Assessment is attached hereto as Ex! Plaintiff Association on or about October 31, 2023, gave Defendant Owner notice of its intention to record a notice and claim of lien for unpaid assessments, by certified mail, return receipt requested, USPS tracking number 70223330000082840181, at least 45 days prior to filing its lien. A true and correct copy of the Notice of Intent to Lien is attached hereto as Exhibit C Plaintiff Association has filed a Notice of Claim of Lien against Defendant Owner(s), which was recorded on January 19, 2024, in Official Records Book 10567, Page 1386, of the Public Records of Seminole County, Florida ("Lien"). A true and correct copy of the Notice and Claim of Lien is attached hereto as Exhibit D Plaintiff Association on or about January 10, 2024, gave Defendant Owner notice of its intention to foreclose its Lien, by certified mail, return receipt requested, USPS tracking number 71969002484081445077, at least 45 days prior to initiating this lawsuit. A true and correct copy of the Notice of Intent to Foreclose is attached hereto as Exhibit E Defendant Tenant may claim some right, title, or interest in the Property by virtue of their status as tenants; however any such right, title or interest claimed by Defendant Tenant is subject and inferior to the rights of Plaintiff Association. Defendant The Mortgage Firm, Inc. may have an interest in the Property by virtue of that certain Mortgage recorded at Official Records Book 8317, Page , of the Public Records of Seminole County, Florida. However, any such interest is subject and inferior to the interest of Plaintiff Association. Defendant Movement Mortgage, LLC may have an interest in the Property by virtue of that certain Mortgage recorded at Official Records Book , Page of the Public Records of Seminole County, Florida. However, any such interest is subject and inferior to the interest of Plaintiff Association. Plaintiff Association has retained the undersigned law firm to represent it in this action and is obligated to pay it a reasonable fee for its services. All conditions precedent to the initiation of this action have occurred or have been waived. WHEREFORE, Plaintiff Association requests that this Honorable Court (1) enter final judgment of foreclosure against the Defendants and order that the real property described above be sold to satisfy Plaintiff's lien together with interests, costs, and attorney's fees; (2) enter a deficiency judgment against the Defendant Owner in the amount remaining unpaid; (3) find that the interest of the Defendant Owner and all persons claiming by, through, under, or against the Defendant Owner and all persons claiming by, through, under, or against the Defendant Owner whose interest has arisen since the filing of the notice of lis pendens shall be foreclosed; (4) grant such other and further relief as is just and proper. COUNT Il: MONETARY JUDGMENT Plaintiff Association readopts and realleges Paragraphs | through as if more fully set forth herein. Section 720.3085, Florida Statutes, and Article V of the Declaration allows the Association to bring an action at law to recover a money judgment against a unit owner for unpaid assessments without waiving any Claim of Lien. Defendant Owner(s), as the owner of Property, is liable for all assessments which come due during ownership. Further, as the purchaser of Property, Defendant Owner(s) is liable for all unpaid assessments owing at the time of purchase, along with an accrued late fees, interest, costs, and attorneys' fees. Defendant Owner(s)'s assessments are delinquent as Association is entitled to collect damages caused by the Defendant's failure to comply with the statutory and contractual provisions governing membership within the Association. Due to Defendant Owner(s)'s failure to timely pay assessments as the same came due, Plaintiff Association has and does exercise its option to personally sue Defendant Owner(s). All conditions precedent to the initiation of this action have occurred or have been waived. Additional assessments have become due, and will become due, subsequent to the filing of this Complaint; Defendant Owner is obligated to pay these additional assessments to the Association pursuant to the Declaration and Florida Statutes. Pursuant to Florida Statute 720.3085, the Association is entitled to recover all unpaid assessments, late fees, interest, and reasonable costs and attorneys' fees incurred in an action to recover a monetary judgment for unpaid assessments. WHEREFORE, Plaintiff Association requests entry of judgment for damages against Defendant Owner(s) and for such other and further relief as is permitted by law and pursuant to the Declaration, including costs and attorneys' fees. DHN ATTORNEYS, P.A. 448 South Alafaya Trail, Unit 8, Orlando, FL 32828 Office: (407) 269 Fax: (407) 650 By: /s/ Ryan Fong. Ryan Fong, Esquire Florida Bar No. 113279 ryan@dhnattorneys.com Don H. Nguyen, Esquire Florida Bar No. 0051304 don@dhnattorneys.com cy <<’ yee O.R. 1576 PG 1238 CERTIFIED COPY, 1946 ARTHUR H. BECKWITH, JRy 0.R. 1573 P% SEERK OF THE CIRCUIT COURT. SJ OLE SOURTY, FLORI + wo , i , ‘ bon ON ro POM DECLARATION OF COVENANTS AND repo ioe ~ dd FOR "eo : oo po non vad DEER RUN UNIT 144, wh m—s fot : mo oV Ged THIS DECLARATION is made this 23 Iday ugqusti.., 1 84 by AMERIFIRS1T DEVELOPMENT CORPORATION, a " ation, here- inafter called "Developer". * ow ’ us wv ao WITNESSETHE4: eselstsz222se . PE os vv 40 WHEREAS, Developer is the owner of the real property Ho described in Article II of this Declaration and desires to create Vd a residential community on such property with open spaces and uc other common facilities for the benefit of such community, to be Coed known as "Deer Run Unit 14"; and OVD ON - OUYvoO WHEREAS, Developer desires to provide for the preser- wow vation of the values and amenities in Deer Run Unit 14 and for oH the maintenance of its common properties; and ogg od WHEREAS, Developer desirable has for the deemed it Po efficient preservation of the in Deer values Run and amenities Ov Unit 14, to delegate and assign to a newly formed nonprofit oy corporation the powers of maintaining and administering the com- a munity properties and facilities and administering and enforcing these covenants and restrictions and collecting and disbursing oo on the assessments and charges hereinafter created; and Qs wa WHEREAS, the Déveloper has incorporated under the laws nov 4 OO of the State of Florida, as a nonprofit corporation, Deer Run Homeowner's Association #14, Inc., for the purposes of exercising the functions stated above, which Association is not intended to be a “Condominium Association" as such term is defined and described in the Florida Condominium Act (Chapter 718 of the Florida Statutes). Ada NOW, THEREFORE, the Developer declares that the real Property described in Article II, and such additions to such real Property as may be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, os charges and liens hereinafter set forth. DE aw This 4 document was prepared by, and should be returned to: Charles wv Aad D Robbins, Esq., of Blackwell, Walker and Gray, Powers, Flick an oo Hoehl, One AD Southeast Third Avenue, Miami, Florida 33131. | RETURN TO: SWANN & HAUDOCK, pac = REAL ESTATEDEPR. P. 0. Box 640 Orlando, FL 32802-0640 0.R. 1576 PG 1246 0.R. 1573 PG 1954 granted to the appropriate governmental authorities and to the appropriate private organizations supplying health, sanitation, police services and any emergency services such as fire, ambu- lance and rescue services, for purposes of ingress and egress over the Common Properties. Section 6. Developer's Construction and Sales Activi- ties. In addition to the property rights granted in this Decla- ration to the Developer, as an Owner or otherwise, the Developer is extended the right to enter upon the Properties at any time and in any way reasonably necessary to allow the Developer to construct or sell, or promote, in this subdivision or any contig- uous subdivision or to carry out any responsibility of the Devel- oper to Owners in such subdivisions, including but not limited to the right to use the street in front of the Model Areas designated by Developer for parking by visitors and staff, to use any part the Common of Properties for location of Developer's sales center, to maintain and show model homes, to have employees in the office, and to use the Common Properties. Notwithstanding any other provision in the Declaration, the Developer is irrevoc- ably empowered to sell, lease or rent Lots on any terms to any” purchasers or lessees for as long as it owns any Lot. ARTICLE V COVENANTS FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obliga- tion of Assessments. The Developer, for each Lot owned by it within the Properties, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such other deed or conveyance, shall be deemed to covenant and agree, to pay to the Association: (1) Periodic Assessments or Charges; (2) Special Assessments for capital improvements; and other expenditures by the Asscciation hereinafter provided. The Periodic and Special Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obli- gation of the person who was the owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the pur- pose of promoting the recreation, health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of properties, services and facil- ities devoted to this purpose and related to the use and enjoy~ ment of the Common Properties and of the Lots, including but not limited to, the payment of taxes and insurance on the Common -9- O.R. 1576 PG 1247 4955 0.R. 1573 PG and additions thereto, and Properties, and repair, replacement, equipment, materials, management and for the cost of labor, supervision ther eof. of Commencement of Periodic Assess~ Section 3. Date Assessment Peri od. Peri odic Assessments shall ments; Due Dates; be the first day Lot on a date (which s hall commence as to each of the Asso- month) fixed by the Board of D irectors of a cale ndar of any of commencement. The due date ciation to be the date such be fixed in the resolution authorizing assessment shall in one The assessmen t shall be payab le in advance installments if so determined assessment. payment or in monthly or quar terly by the Board. Basis and Maximum Amount of Periodic Section 4. Assessments. Assessments" shall mean all (a) "Periodic described in Secti on 2 of this assessments for the purposes 5 for Spec ial Asse ssme nts described in Section Article V except ing, the Periodic Article V. Until the Turnover Meet of this "A" Membe rs shall be established by the Assessments for all Class Developer. Until January 1 of the year immediately (b) to an Owner, the maxi- following th e conveyance of the first Lot ($50.00) per Lot, shall be Fifty Dollars mum annual a ssessment on 5 of this that may be asse sse d under Secti plus any amounts Article. From and after January 1 of the year (i) Lot or Dwelling © f the first immediately following the conveyance ssmen t may be increased Unit to an Owner, the maximum annual asse ip by a sum not more than each year without a vote 0 f the Membersh maxim um asses sment (5%) above the sum of: (1) the five percent adjus ted to refle ct price increases based for the previous year, Cities-— on the U.S. Governme nt's cu rrent Consumer Price Index All All Items (1967 == 100) as published b y the U.S. Department of mandated by governmental agencies Labor, plus (2) increases costs incurre d to obta in services from utility and/or increased entities. From and after January 1 of the year (ii) of the first Lot or Dwelling immediately following the conveyanc e increased Unit to an Owner, the maximum annua 1 assessment may be ion 4(b)(i) by a vote of above the provisions as described in Sect are voting in two-thirds (2/3) of each clas s of Members who duly called for this purpose. person or by proxy, at a meeting -10- 0.R. 1576 PG 1248 0.R. 1573 PG 1956 (c) The Board may change the budget and level of Periodic Assessments.at a duly constituted meeting of the Board which occurs after Turnover, provided that written notice containing a copy of the newly adopted budget outlining the assessment change is sent to all Members at least thirty (30) days in advance of the effective date of the adopted change. For each twelve-month period thereafter commencing on the first day of January (hereinafter called an “Assessment Year"), the Periodic Assessments may be adjusted by vote of the Board at a duly held meeting after giving proper notice as described above. Section 5. Special Assessments. (a) The Board may levy in any Assessment Year a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, or for any extraodinary working capital requirements provided that any such assessment shall have the assent of a majority of the board of directors or two-thirds (2/3) of the Members voting in person or by proxy at a meeting duly called for that purpose. The due date of any Special Assessment under this Article shall be fixed ina resolution authorizing such assessment. (b) Funds in excess of $10,000.00 in any: one case which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Properties under the jurisdiction of the Association and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as Special Assessments only upon approval of a major- ity of the Board of Directors of the Association or upon approval by two-thirds (2/3) favorable vote of the Members of the Associa- tion voting at a duly constituted meeting of the Association. Section 6. Uniform Rate of Assessment. All Periodic and Special Assessments shall be at a uniform rate for each Lot. However, until such time as the Class "B" membership con- verts to Class oq" membership, the maintenance costs for the unsold Lots chargeable to the Developer will be determined as follows: The total amounts charged for common expenses to Lot Owners other than the Developer will be deducted from the total common expenses as incurred by the Association and the difference will be paid by the Developer as its contribution to cover the common expenses for the unsold Lots. The Association shall have a lien upon all unsold Lots until such difference is paid; such lien is to be enforceable in accordance with this Article. After the Class B membership converts to Class A membership, the Devel- -ll- 0.R. 1573 PG 1957 0.R. 1576 PG 1249 oper will pay the same assessment for common expenses on each of said Lots as every other owner. Nothing in this Section 6 shall be construed to require a Lot Owner other than the Developer to pay more than the maximum annual assessment in Section 4 above except in accordance with that section. Nor shall this Section 6 be construed to require a Lot Owner other than the Developer to pay more than his proportionate share (based on the total number of Lots under this Declaration) of the estimated operating budget for the year in question, which budget shall be determined as if all Lots which have been brought under the scope of this Decla- ration were occupied and the Association were in full operation. Section 7. Duties of the Board of Directors. (a) The Board of Directors of the Association shall prepare budgets and a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Asso- ciation and shall be open to inspection by any Owner. Written notice of the assessment for each Assessment Year shall be sent to every Owner subject thereto at least thirty (30) days prior to the commencement of the Assessment Year. (b) The Association shall, upon demand at any time, furnish to any Owner liable for said assessment a certifi- cate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Nonpayment of Assessment; the Personal Obligation of the Owner; the Lien; Remedies of Associa- tion; Late Fees. (a) If any assessment against a Lot is not paid on the date when due (being the dates specified in Section 3 and Section 5 hereof), then such assessment shall be delinquent and shall, together with such interest thereon and cost of collection thereof, on such date be a continuing lien on the Lot which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to such assessment shall remain his personal obligation for the statutory period of limitations. (b) No voluntary sale of any Lot shall be effective, nor shall any marketable title be conveyed unless and until the seller has obtained from the proper officers of the Association a certificate, in recordable form, attesting to the fact that the seller has paid all assessments to date. If no such certificate is obtained and recorded, the purchaser shall be \ conclusively presumed by acceptance of the deed to have assumed -12- 0.R. 1573 PG 1958 0.R. 1576 PG 1250 and to be liable for such past-due assessments. The Owner requesting the certificate shall pay to the Association a reason- able sum to cover the costs of examining records and preparing the certificate. (c) If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinq uency at a rate equal to six percent (6%) per annum, and the Associat ion may bring an action at law against the Owner persona lly obligat ed to pay the out- standing assessme nts and/or bring an action to foreclos e the lien against the Lot; and there shall be added to the amount of such assessment all costs of collection, including, but not limited to, the cost of any and all attorneys fees incident to collection whether or not suit is brought including attorneys’ fees on appeal. In the event a judgment is obtained , such judgment shall include interest on t he assessments and a reasonable attorneys’ fee to be fixed by the Court together with costs incident to the action. Section 9. Subordination of the Lien to Mortgages. . (a) The lien of the assessments against any Lot shall be subordinate to the lien of any First Mortgagee now or hereafter placed upon the Lot. If a First Mortgagee of record, or other purchaser , obtains title to such property as a result of foreclosu re of the lien of such First Mortgagee or as a result of a deed given in lieu of foreclo sure thereof, such acquirer of title and his successor s and assigns shall not be liable for the assessments by the Association chargeable to the former Owner of such Lot which became due and payable prior to the acquisition of title as a result of the foreclos ure or deed given in lieu of foreclosure, unless such assessm ents are secured by a Claim of Lien for assessments that is recorded prior to the recordin g of such mortgage. (b) Such sale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due, or from the lien of any such subsequent assessment. Any such subsequen t assessmen t shall be subordina te to the lien of a First Mortgage placed upon the Lot prior to the time of the recording of such subsequent assessment lien. Section 10. Special Assessments for Capital Improve- ents to Dwelling Units. In addition to the annual assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or improvement of a Dwelling Unit or Dwelling Units. Only the Owner or Owners of the Dwelling Unit or Dwelling Units being constructed, reconstructed, -13- 0.R. 1576 PG 1251 O0.R. 1573 PG 1959 repaired or improved shall be assessed for this purpose. In the event any proceeds of any insurance policy are received by the Association pursuant to Article VII of this Declaration, such proceeds shall be applied first to the cost of such construction, reconstruction, repair or improvement according to the provisions of Article VII, but the Association may assess the Owner or Owners of such Dwelling Unit or Dwelling Units for such Owner's or Owners’ ratable share of the excess of such cost over such insurance proceeds. Section ll. Working Capital Fund. At the time Devel- oper conveys a Lot to a purchaser, or an Owner conveys his Lot to a subsequent purchaser, such purchaser shall deposit with the Association an amount equal to two (2) times the amount equal to the annual assessment divided by twelve (12), as a deposit into the working capital fund to be used for maintenance, reserve, emergency needs, initial and nonrecurring items, permits, licenses, utility deposits and advance insurance premiums for insurance policies and coverages, and other similar and necessary expenses. The working capital fund may be commingled by the Association with any of its other funds. - Section 12. Property Owners Association; Drainage Easements. (a) Members of this Association are subject to assessment by a Property Owners Association through this Asso- ciation. Each Property Owners Association was formed to provide for ownership, maintenance, preservation and control of areas designated as Tract A, Tract B, etc. and dedicated on the respec tive official plats for Units within Deer Run heretofore or hereafter recorded, from time to time, in the public records of Seminole County, Florida, and which lie within the property described in that certain warranty deed dated December 31, 1980, recorded in Official Records Book 1314, Page 1011, Public Records of Seminole County, Florida (but not including any lands South of Red Bug Lake Road). Copies of the Articles of Incorporation and By-laws of the Property Owners Associations are recorded in Offi- cial Records Book 1364 at Page 1706, Official Records Book 1364 at Page 1689, and respectively, all in the Public Records of Seminole County, Florida. (b) The Property Owners Associations have the right to determine the portion of the assessment of each Deer Run Homeowners Association (including this Association) which is to be remitted to the Property Owners Associations. This Association is responsible for collecting all assessments by the Property Owners Associations against Owners along with this Asso- ciation's assessments and forwarding same Promptly to the Property Owners Associations. Such assessments shall not be - 14 - O.R. 1576 PG 1252 0.R. 1573 PG 1960 considered part of this Association's budget and this Association shall not be entitled to use any of such funds. ' (c) Easements for installation and maintenance of drainage facilities are shown on the plat and the same are reserved for such use. Although such easement areas are Common Association Properties of this Association and are to be main- tained by this Association, the Property Owners Associations shall control any changes to such areas. No structure, planting, or other materials shall be placed or permitted to remain in such easement areas or on any Lot which may change the direction of flow or drainage in the easement areas, or which may obstruct or retard the flow of water through drainage channels in the ease- ment areas. It is important that the banks, swales, and berms constituting a part of the lakes, swales and drainage canals located within the Properties remain undisturbed and properly maintained in order to perform their function. Where any portion of such berms, swales and banks lie within a Lot, the Owner of that Lot shall maintain the same .continuously and shall not dis- turb, damage or otherwise interfere with the berm, swale, drainage canal or other portion of said lake, drainage canal or system which adjoins said Owner's Lot. Section 13. Exempt Property. There shall be exempted from the assessments, charges and liens created herein all prop- erties to the extent any easement or other interest therein is dedicated and accepted by the local public authority and devoted to public use. ARTICLE VI DESIGN REVIEW COMMITTEE Section 1. Members of Committee. As specified in the By-laws, the Association shall have a Design Review Committee ("DRC"). The DRC shall consist of three (3) members. The ini- tial members of the DRC shall consist of persons designated by the Developer. Each of said persons shall hold office until all Lots have been conveyed by Developer, or sooner at the option of the Developer. Thereafter, each new member of the DRC shall be appointed by the Board of Directors and shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. The Board of Directors shall have the right to appoint and remove (either with or with- out cause) any and all members of the DRC at any time, except for members of the DRC appointed by the Developer. -15 - cy <<’ yee Deer Run Homeowners! Association #14, Inc. c/o Towers Property Management, Inc, 1320 N Semoran Blvd Ste 100 Orlando FL 32807 407-730-9872 Late Notice 9/30/2023 Corl WilliamsJr. 4007 August Court Casselberry FL 32707 Re: 4007 August Court Dear Owner: Account # 10311 pry The following amounts are currently due on you t ti eer Ru Homeowners’ Association #14, Inc. and must be paid within thirty (30 s of the te ‘ter '. This letter shall serve as the association’s notice of its intent TOK Tu er collection action against your property no sooner than thirty (30 s of the e of this ter, unless you pay in full the amounts set forth below: Assessments through 1/30 74.18 Late Fees $0 Interest thro 30/; $31.43 Total Ar int $6,405.61 and the ar must insist that any communication about this matter be in writing and mailed to the ad s abov 1 Set via email to accounting@towerspropertymgmt.com. This provides a written record of yo ns and is done for your protection to prevent any possible misinterpretation by either party, Your Board of Directors has instructed Towers Property Management to remind you to please immediately send your payment in full to avoid any further collection action. Please make your check payable to: