Preview
Case Number: CACE-18-003406 Division: 02
Filing # 67858705 E-Filed 02/12/2018 05:14:28 PM
IN THE CIRCUIT COURT OF THE 17TH
NEW HAMPTON AT CENTURY VILLAGE JUDICIAL CIRCUIT, IN AND FOR
CONDOMINIUM #IV ASSOCIATION, INC., BROWARD COUNTY, FLORIDA
a Florida Not-For-Profit Corporation,
CASE NO.:
Plaintiff,
VS.
FLORIBETH CASTANEDA, as Personal
Representative of the Estate of Robert Tapia,
deceased, and DENISE ESPOSITO.
Defendant(s),
_
COMPLAINT FOR INJUNCTIVE AND OTHER E UITABLE RELIEF
COMES NOW Plaintiff, NEW HAMPTON AT CENTURY VILLAGE
CONDOMINIUM 4IV ASSOCIATION, INC. (hereinafter referred to as the “ASSOCIATION”),
by and through its undersigned attorneys, and sues Defendants FLORIBETH CASTANEDA, as
Personal Representative of the Estate of Robert Tapia, deceased (hereinafter, “OWNER”), and
DENISE ESPOSITO (hereinafter, “UNAPPROVED OCCUPANT”), and states as follows:
1 This is an action for injunctive relief and other equitable relief, including the removal of
residents from real property located in Broward County, Florida, and is within the
jurisdiction of this Court.
The ASSOCIATION is, and has been at all relevant times, a Florida not-for-profit
corporation with its principal place of business in Broward County, Florida.
The Estate of Robert Tapia is the owner of real property located at 13500 SW 1* St.,
Unit U-208, Pembroke Pines, FL 33027, which is more particularly described as
follows:
lof5
*** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 2/12/2018 5:14:27 PM.****
CONDOMINIUM UNIT 208, BUILDING U, OF NEW
HAMPTON AT CENTURY VILLAGE CONDOMINIUM NO.
IV, TOGETHER WITH AN UNDIVIDED INTEREST IN
COMMON ELEMENTS, ACCORDING TO THE
DECLARATION OF CONDOMINIUM THEREOF, RECORDED
IN O.R. BOOK 12128, PAGE 400, AS AMENDED FROM TIME
TO TIME, OF THE PUBLIC RECORD OF BROWARD
COUNTY, FLORIDA (hereinafter referred to as the “subject
property”).
The Estate or Robert Tapia is the legal title holder to the subject real property, OWNER
has been appointed as Personal Representative of the Estate, and OWNER is, in all
respects, sui juris.
The Estate of Robert Tapia became the owner of the subject real property on or about
May 22, 2007, by virtue of a Warranty Deed recorded on June 08, 2007, as recorded at
Book 44161, Page 1811, of the Public Records of Broward County, Florida. A copy of
said Special Warranty Deed is appended hereto as Exhibit “A”.
OWNER is tasked with the administration of the assets of the estate, and, as such,
exercises authority and control over the subject property.
UNAPPROVED OCCUPANTS are residents of Broward County, Florida, and are in all
respects sui juris.
The subject property is governed by and subject to the terms and conditions of the
Declaration of Condominium of New Hampton at Century Village Condominium #4 (the
“Declaration”), as recorded in Official Records Book 12128, at Page 400, of the Public
Records of Broward County, Florida, as well as the Bylaws, Articles of Incorporation,
and Rules and Regulations of the ASSOCIATION (sometimes collectively referred to
hereinafter as the “Documents”) which are also recorded in the Public Records of
Broward County, Florida, as such Documents are amended from time to time.
2 of 5
Article 12 of the Declaration of Condominium provides that all owners and occupants of
condominium units must receive the written approval for such ownership and/or
occupancy of such condominium units. A copy of the Declaration provision is appended
hereto as Exhibit “B”.
The Estate of Robert Tapia, by virtue of its ownership of the subject real property, is
bound by, and is obligated to comply with, the terms, conditions, provisions, and
covenants contained within the Documents.
10 OWNER, by virtue of her appointment as Personal Representative of said Estate, is
bound by, and is obligated to comply with, the terms, conditions, provisions, and
covenants contained within the Documents.
11 DENISE ESPOSITO, by virtue of her residency at the subject real property, albeit
unauthorized, is bound by, and is obligated to comply with, the terms, conditions,
provisions, and covenants contained within the Documents.
12 Defendant, OWNER, is in violation of the Documents as described hereinabove, by
virtue of the fact that the subject property has been allowed to be occupied by DENISE
ESPOSITO without approval of the ASSOCIATION.
13 Defendant, DENISE ESPOSITO, is in violation of the Documents as described
hereinabove, by virtue of the fact that she is occupying the subject property without
ASSOCIATION approval.
14 The ASSOCIATION has made written demands of Robert Tapia (and by extension the
Estate and OWNER), directed to the address obtained on the Broward County Property
Information Report, as well as DENISE ESPOSITO, to correct the violation; however
Defendants failed to comply with the ASSOCIATION’s proper requests and demands.
3 of 5
15 Specifically, the undersigned firm sent violation letters to Robert Tapia (and by extension
the Estate and OWNER) on December 06, 2017. A copy of the letter is attached hereto as
Exhibit “C”.
16 As of the filing of this action, the violation had not been corrected.
17 Pursuant to Florida Statute § 718.303 and otherwise, the ASSOCIATION has the right to
bring this action and is entitled to have DENISE ESPOSITO removed from residency at
the subject real property.
18 All conditions precedent to the institution and maintenance of this action have occurred,
have been performed, or have been waived.
19, Pursuant to Florida Statute § 718.303, and otherwise, DENISE ESPOSITO and the
OWNER (through the Estate of Robert Tapia) are required to pay the reasonable
attorneys’ fees, costs, and expenses of litigation incurred by the ASSOCIATION in
prosecuting this action.
20. The ASSOCIATION has been required to retain the services of its undersigned counsel
to prosecute this action, and it has obligated itself to pay a reasonable fee for such
services.
WHEREFORE, Plaintiff, NEW HAMPTON AT CENTURY VILLAGE
CONDOMINIUM #IV ASSOCIATION, INC., demands judgment in its favor and against
Defendants OWNER, DENISE ESPOSITO and any OTHER UNKNOWN UNAPPROVED
OCCUPANTS OR TENANTS IN POSSESSION, which:
a. Requires OWNER to remove DENISE ESPOSITO from residency at the subject
real property;
b Requires DENISE ESPOSITO to vacate the subject real property;
4 of 5
¢c Enjoins Defendants from violating the Documents as set forth above and requires
Defendants to comply at all times in the future with the cited substantive provisions of the
Documents;
d Requires Defendants (with respect to OWNER, through the Estate of Robert
Tapia) to reimburse the ASSOCIATION for the reasonable attorneys’ fees, costs, and other
expenses of litigation which it has incurred in this matter, and
¢. Grants the ASSOCIATION such additional relief, in its favor, as the Court deems
just and proper.
Respectfully submitted this \2 __ day of February, 2018.
7 fy
Zr
a{
By
TIMOTHY M. MCFARLAND, ESQ.
Fla. Bar No. 93789
STRALEY & OTTO, P.A.
Attorneys for Plaintiff
2699 Stirling Road, Suite C-207
Fort Lauderdale, Florida 33312
Telephone: 954/962-7367
Facsimile: 954/962-7423
attorney@straleyottopa.com
tmefarland@straleyottopa.com
galit@straleyottopa.com
5 of 5
CFN # 107127756, OR BK 44161 Page 1811 Page 1 of 2, Recorded 06/08/2007 at
04:00 PM, Broward County Commission, Doc. D $525.00 Deputy Clerk 3320
This Warranty Deed
Made this 2. day of
crane
2021 by
ELIZABETH J. MARSICQ) A SINGLE WOMAN and
DONNA E. MARSICO A/K/A DONNA MARSICO, A
SINGLE WOMAN
hereinafter called the grantor, to
ROBERT E. TAPIA, A SINGLE MAN
whose post office address is:
13500 SOUTHWEST 1 STREET #U-208
PEMBROKE PINES, FL 33027
hereinafter called the grantee:
(Whenever used herein the term “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives and
assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land
situate in BROWARD County, Florida, viz
Condominium Unit 208, Building U, of NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM NO. IV, together
with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in
Official Record Book 12128, Page 400, as amended from time to time, of the Public Records of Broward County,
Florida
Subject to covenants, restrictions, easements of record and taxes for the current year.
Parcel Identification Number: 11014-AB-14800
Together with all he tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the
same against the lawful claims of all persons whomsoever; and that Said land is free of all encumbrances except taxes accruing subsequent
to December31, 200
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written,
Signed, sealed and delivered in our presence:
san)
Witness: (Signature)
"Lid. Udi
Low Ferra 193 RIDGE AVE.
STATEN ISLAND, NY 10304
wobll (Signi
Print Name:
State of
County 3th —
‘The foregoing instrument was acknowledged before me pehaay gf1Ad
mA; 20-2), by ELIZABETH J. MARSICO,
Bprsonallyki éwn to me.or who has produced 35 identification.
‘d On
GFARY PUI Si ature), EXHIBIT _A
Print Name:
My Commission Expires:
Stamp/Seal: reff hoe
of 2 pages
eran AROL BAGLION! RETURN TO:
«State of Now York
rer No, DiBAcoooos sunbelt Title Agency
‘Quatied to Richmond Coun
My Commission Expires Sepiember 10, 2009 309 South Orlando Avenue
Suite KO
Winter Park, Florida 32789
®
Incident to the issuance of a title Insurance contract.
WARRANTYDEEDPAC.DOT
REV. 08/28/08
PL
CFN # 107127756, OR BK 44161 PG 1812, Page 2 of 2
Warranty Deed
Page 2 of 2
Signed, sealed and delivered in our presence:
Witness: (5 at
i Vue
DONNA E. MARSICO.
te. Naw LO
Print Nar NCL EAs, 436 LAKEVIEW ROAD
BELLMORE, NY 11710
Witness: (Signatur, buelUV Kahn TR
Print Name:
State of EES
County of _S
The f ng instrument was acknowledged bef re me this 22-day omnes Aon + 2067]by DONNAE. MARSICO, who
isa
NO}
0PaRY ally known,
9
UBLIC (signature)
for who has produced DRs: as idBniification.
Print Name: \Netéry Priblc, Stain of Naw York
My Commission Expires: "ML GOTRAS1SO625
StampiSeal:\2) 19 ) OF ‘Quaiied in Suto oe102
‘Commission Expires
Prepared by:
ElizaF Klika
EXHIBIT “A
‘Sunbelt Title Agency - Cooper City
5864 S. FLAMINGO RO/
COOPER CITY, FL 33330 _2__of 2 pages
File Number: 9120070232
Incident to the issuance of a title Insurance contract.
WARRANTYDEEOPAC.DOT
REV.
Pi 08/28/06
cf en
Hes ae =
12, MAINTENANCE OF COMMUNITY INTERESTS. In orde 1o maintains community of congenial a
residents who are financiallyend socially responsible, and thus protect the value of the
Property, the trate leasing, and eortgaiag of Units by other than the Sponsor shall be subject to Ube
following :
12,1 TRANSFERS SUBJECT TO APPROVAL.
a. SALE. No Unit Owner may dispose of a Unit or any interest in a Unit, by sale or otberwise,
without approval of the grantee by the
b, LEASE. No Unit Owner may dispose of x Unit or any interest in a Unit by lease without
approval of the lessee by the. ‘No lease may be made for less than a three (3) month consecucive
period nor shall any transient accommodations be pr:
¢. GIFT. If any person tie or right te occupy by gift, the continuance of his
‘ownership of occupancy of the Unit shall be subject to the approval of the .
d, DEVISE OR INHERITANCE. If any Unit Owner shall ue by devise or inheritance,
the continuance of his ownership of the Unit shali be subject to the appraval of the Association.
TRANSFERS. If sny Unit Owner shall acquire bls ide orth right vo ooatpy by any
manner 201 considered ia te subsections, the continuance of his ownership or occupancy ri
he Un shal be vobject othe approval of .
12,2 APPROVAL BY ASSOCIATION. The approval by the Association that is required for the
transfer of all or part of ownership of Units shall be obtained in the following manner:
, NOTICE TO ASSOCIATION.
{0 SALE. A Unit Owner bona de” sale of his Unit shall veto the
inteutlon,topeuet wih su infacmatian concerningte
tbe Ausocation may require. Such note, at the Unit Owner "option, tay include a demand by the Unit
Owner t 1 purchaser for the Unit if the {5 pot approved.
‘The notice shall be accompanied by an executed copy of the proposed coatract ofsale
(2) LEASE, A Unit Owner intending 10 make 2 ‘*bona fide” lease of his entire Unit shall give to
the Association notice of such intention, together with the name, address, and such other information
¢ Intended lessee as the Association may require, and a copy of the proposed lease. A demand
fora substitute lessee may be made as heretofore provided.
@) GIFT, DEVISE OR INHERITANCE, OTHER TRANSFERS. A Unit Owner who has
rained hls td by lB devine oe inheiance, of by any oder manner Sot ly cor
theseot, te such information concenung the Unit Owners as the
Sradaalon my requre and t copy ot tir instrament evi ‘the owner's tile,
(4) FAILURE TO GIVE NOTICE. 1f the required notes the Assocation it not given, thea at
any time after receiving knowledge of the event allegedly transferring ownership ofa
‘Association,at ts election and ut notice, may approveor prove te suze, iftbe Asoclaios
disapproves the transaction or ownership, the Association proceed as if it had received the required
notice on the date of such
(3) BONA FIDE OFFER. A “boas fide" offer as used herein shall mean an offer in writing,
Binding upon the offeror, dicosing the name and addres of the real partyin interest and contain all of
the tes and conditions of such propoted lease oF se and accompanied by an earnest money
.
b. cenncaTe OF APPROVAL. 7
(i) TRANSFER FEE. The granting of any cerlfcae of approval shall be based won the
condition that the transferor pay to the entity conducting the investigation a ‘accordance
isthe By-Laws The cording ofthe approval shall Be detaed prea tase for vas paid i oot pad,
the fee shall be treated as a delinquent common expense.
oO
as
oa
10
EXHIBIT_&
__|_of pages
& Gs
ws 9
ei bs _ a ==
oe pars
ae ae
ee a 4 air9
a #
ve m a as
a = =
ST ry
ALEY viIOT
LEY
December 6, 2017
Robert Tapia
PO Box 260807 VIA iFIEL NL
Pembroke Pines, Florida 33026 UL M.
RE New Hampton at Century Village Condominium #IV Association, Ine,
Unit U-208—Restrictive Covenant Violations
Property address: 13500 S.W. 1* Street, #U-208, Pembroke Pines, Florida 33027
Dear Mr. Tapia:
Please be advised that this office represents New Hampton at Century Village Condominium #IV Association,
Inc., as general counsel. In connection therewith, the Board of Directors of the Association has contacted me
with regard to a restrictive covenant violation at your unit.
As you should be well-aware, the tenants/occupants at your unit occupy your unit in violation of the governing
documents of the Association. Tenants and other occupants must be approved by the Association in the
manner provided in the governing documents of the Association prior to commencing residency at a unit. In
this case, the tenants/occupants have failed to submit the completed application for occupancy, have failed to
pay the screening fee, have failed to arrange for and appear at a screening as required, and have not been
approved by the Association. The failure to meet these requirements constitutes a clear violation of the
Association’s governing documents, and the violation must be corrected.
Therefore, demand is hereby made for you to correct this violation by no later than December 19, 2017. In
particular, and by that date, you must remove the tenants/occupants from your unit and the condominium
property. Upon compliance with this demand, you must forward a letter to this office indicating that you have
done so. However, in the event you fail to comply with this demand within the time set forth, the Association
will have no alternative but to file a legal action against you and your tenants/occupants, without further notice,
to obtain injunctive relief requiring the removal of the tenants/occupants from your unit and condominium
property. Please be aware that, should legal action become necessary, once the Association prevails in the
action, you will be responsible for the attorneys’ fees and costs incurred by the Association in enforcing the
provisions of its governing documents.
_PLEASE coy pee ACCORDINGLY!
Ty
SANIEL A. wen ESQ
DAW/gs
ce: Tenants/occupants, 13500 S.W. 1“ Street, #U-208, Pembroke Pines, Florida 33027
New Hampton at Century Village Condominium #IV Association, Inc.
2699 STIRLING Roap,
so-
SuITE C-207, For? LAUDERDALE, FL 33312
EXHIBIT
of
_C
pages
954-962-7367 S7TRALEYOTIOPA.cOM 30)5-893-0566
Preview
Case Number: CACE-18-003406 Division: 02 Filing # 67858705 E-Filed 02/12/2018 05:14:28 PM IN THE CIRCUIT COURT OF THE 17TH NEW HAMPTON AT CENTURY VILLAGE JUDICIAL CIRCUIT, IN AND FOR CONDOMINIUM #IV ASSOCIATION, INC., BROWARD COUNTY, FLORIDA a Florida Not-For-Profit Corporation, CASE NO.: Plaintiff, VS. FLORIBETH CASTANEDA, as Personal Representative of the Estate of Robert Tapia, deceased, and DENISE ESPOSITO. Defendant(s), _ COMPLAINT FOR INJUNCTIVE AND OTHER E UITABLE RELIEF COMES NOW Plaintiff, NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM 4IV ASSOCIATION, INC. (hereinafter referred to as the “ASSOCIATION”), by and through its undersigned attorneys, and sues Defendants FLORIBETH CASTANEDA, as Personal Representative of the Estate of Robert Tapia, deceased (hereinafter, “OWNER”), and DENISE ESPOSITO (hereinafter, “UNAPPROVED OCCUPANT”), and states as follows: 1 This is an action for injunctive relief and other equitable relief, including the removal of residents from real property located in Broward County, Florida, and is within the jurisdiction of this Court. The ASSOCIATION is, and has been at all relevant times, a Florida not-for-profit corporation with its principal place of business in Broward County, Florida. The Estate of Robert Tapia is the owner of real property located at 13500 SW 1* St., Unit U-208, Pembroke Pines, FL 33027, which is more particularly described as follows: lof5 *** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 2/12/2018 5:14:27 PM.**** CONDOMINIUM UNIT 208, BUILDING U, OF NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM NO. IV, TOGETHER WITH AN UNDIVIDED INTEREST IN COMMON ELEMENTS, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN O.R. BOOK 12128, PAGE 400, AS AMENDED FROM TIME TO TIME, OF THE PUBLIC RECORD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as the “subject property”). The Estate or Robert Tapia is the legal title holder to the subject real property, OWNER has been appointed as Personal Representative of the Estate, and OWNER is, in all respects, sui juris. The Estate of Robert Tapia became the owner of the subject real property on or about May 22, 2007, by virtue of a Warranty Deed recorded on June 08, 2007, as recorded at Book 44161, Page 1811, of the Public Records of Broward County, Florida. A copy of said Special Warranty Deed is appended hereto as Exhibit “A”. OWNER is tasked with the administration of the assets of the estate, and, as such, exercises authority and control over the subject property. UNAPPROVED OCCUPANTS are residents of Broward County, Florida, and are in all respects sui juris. The subject property is governed by and subject to the terms and conditions of the Declaration of Condominium of New Hampton at Century Village Condominium #4 (the “Declaration”), as recorded in Official Records Book 12128, at Page 400, of the Public Records of Broward County, Florida, as well as the Bylaws, Articles of Incorporation, and Rules and Regulations of the ASSOCIATION (sometimes collectively referred to hereinafter as the “Documents”) which are also recorded in the Public Records of Broward County, Florida, as such Documents are amended from time to time. 2 of 5 Article 12 of the Declaration of Condominium provides that all owners and occupants of condominium units must receive the written approval for such ownership and/or occupancy of such condominium units. A copy of the Declaration provision is appended hereto as Exhibit “B”. The Estate of Robert Tapia, by virtue of its ownership of the subject real property, is bound by, and is obligated to comply with, the terms, conditions, provisions, and covenants contained within the Documents. 10 OWNER, by virtue of her appointment as Personal Representative of said Estate, is bound by, and is obligated to comply with, the terms, conditions, provisions, and covenants contained within the Documents. 11 DENISE ESPOSITO, by virtue of her residency at the subject real property, albeit unauthorized, is bound by, and is obligated to comply with, the terms, conditions, provisions, and covenants contained within the Documents. 12 Defendant, OWNER, is in violation of the Documents as described hereinabove, by virtue of the fact that the subject property has been allowed to be occupied by DENISE ESPOSITO without approval of the ASSOCIATION. 13 Defendant, DENISE ESPOSITO, is in violation of the Documents as described hereinabove, by virtue of the fact that she is occupying the subject property without ASSOCIATION approval. 14 The ASSOCIATION has made written demands of Robert Tapia (and by extension the Estate and OWNER), directed to the address obtained on the Broward County Property Information Report, as well as DENISE ESPOSITO, to correct the violation; however Defendants failed to comply with the ASSOCIATION’s proper requests and demands. 3 of 5 15 Specifically, the undersigned firm sent violation letters to Robert Tapia (and by extension the Estate and OWNER) on December 06, 2017. A copy of the letter is attached hereto as Exhibit “C”. 16 As of the filing of this action, the violation had not been corrected. 17 Pursuant to Florida Statute § 718.303 and otherwise, the ASSOCIATION has the right to bring this action and is entitled to have DENISE ESPOSITO removed from residency at the subject real property. 18 All conditions precedent to the institution and maintenance of this action have occurred, have been performed, or have been waived. 19, Pursuant to Florida Statute § 718.303, and otherwise, DENISE ESPOSITO and the OWNER (through the Estate of Robert Tapia) are required to pay the reasonable attorneys’ fees, costs, and expenses of litigation incurred by the ASSOCIATION in prosecuting this action. 20. The ASSOCIATION has been required to retain the services of its undersigned counsel to prosecute this action, and it has obligated itself to pay a reasonable fee for such services. WHEREFORE, Plaintiff, NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM #IV ASSOCIATION, INC., demands judgment in its favor and against Defendants OWNER, DENISE ESPOSITO and any OTHER UNKNOWN UNAPPROVED OCCUPANTS OR TENANTS IN POSSESSION, which: a. Requires OWNER to remove DENISE ESPOSITO from residency at the subject real property; b Requires DENISE ESPOSITO to vacate the subject real property; 4 of 5 ¢c Enjoins Defendants from violating the Documents as set forth above and requires Defendants to comply at all times in the future with the cited substantive provisions of the Documents; d Requires Defendants (with respect to OWNER, through the Estate of Robert Tapia) to reimburse the ASSOCIATION for the reasonable attorneys’ fees, costs, and other expenses of litigation which it has incurred in this matter, and ¢. Grants the ASSOCIATION such additional relief, in its favor, as the Court deems just and proper. Respectfully submitted this \2 __ day of February, 2018. 7 fy Zr a{ By TIMOTHY M. MCFARLAND, ESQ. Fla. Bar No. 93789 STRALEY & OTTO, P.A. Attorneys for Plaintiff 2699 Stirling Road, Suite C-207 Fort Lauderdale, Florida 33312 Telephone: 954/962-7367 Facsimile: 954/962-7423 attorney@straleyottopa.com tmefarland@straleyottopa.com galit@straleyottopa.com 5 of 5 CFN # 107127756, OR BK 44161 Page 1811 Page 1 of 2, Recorded 06/08/2007 at 04:00 PM, Broward County Commission, Doc. D $525.00 Deputy Clerk 3320 This Warranty Deed Made this 2. day of crane 2021 by ELIZABETH J. MARSICQ) A SINGLE WOMAN and DONNA E. MARSICO A/K/A DONNA MARSICO, A SINGLE WOMAN hereinafter called the grantor, to ROBERT E. TAPIA, A SINGLE MAN whose post office address is: 13500 SOUTHWEST 1 STREET #U-208 PEMBROKE PINES, FL 33027 hereinafter called the grantee: (Whenever used herein the term “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in BROWARD County, Florida, viz Condominium Unit 208, Building U, of NEW HAMPTON AT CENTURY VILLAGE CONDOMINIUM NO. IV, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Record Book 12128, Page 400, as amended from time to time, of the Public Records of Broward County, Florida Subject to covenants, restrictions, easements of record and taxes for the current year. Parcel Identification Number: 11014-AB-14800 Together with all he tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that Said land is free of all encumbrances except taxes accruing subsequent to December31, 200 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written, Signed, sealed and delivered in our presence: san) Witness: (Signature) "Lid. Udi Low Ferra 193 RIDGE AVE. STATEN ISLAND, NY 10304 wobll (Signi Print Name: State of County 3th — ‘The foregoing instrument was acknowledged before me pehaay gf1Ad mA; 20-2), by ELIZABETH J. MARSICO, Bprsonallyki éwn to me.or who has produced 35 identification. ‘d On GFARY PUI Si ature), EXHIBIT _A Print Name: My Commission Expires: Stamp/Seal: reff hoe of 2 pages eran AROL BAGLION! RETURN TO: «State of Now York rer No, DiBAcoooos sunbelt Title Agency ‘Quatied to Richmond Coun My Commission Expires Sepiember 10, 2009 309 South Orlando Avenue Suite KO Winter Park, Florida 32789 ® Incident to the issuance of a title Insurance contract. WARRANTYDEEDPAC.DOT REV. 08/28/08 PL CFN # 107127756, OR BK 44161 PG 1812, Page 2 of 2 Warranty Deed Page 2 of 2 Signed, sealed and delivered in our presence: Witness: (5 at i Vue DONNA E. MARSICO. te. Naw LO Print Nar NCL EAs, 436 LAKEVIEW ROAD BELLMORE, NY 11710 Witness: (Signatur, buelUV Kahn TR Print Name: State of EES County of _S The f ng instrument was acknowledged bef re me this 22-day omnes Aon + 2067]by DONNAE. MARSICO, who isa NO} 0PaRY ally known, 9 UBLIC (signature) for who has produced DRs: as idBniification. Print Name: \Netéry Priblc, Stain of Naw York My Commission Expires: "ML GOTRAS1SO625 StampiSeal:\2) 19 ) OF ‘Quaiied in Suto oe102 ‘Commission Expires Prepared by: ElizaF Klika EXHIBIT “A ‘Sunbelt Title Agency - Cooper City 5864 S. FLAMINGO RO/ COOPER CITY, FL 33330 _2__of 2 pages File Number: 9120070232 Incident to the issuance of a title Insurance contract. WARRANTYDEEOPAC.DOT REV. Pi 08/28/06 cf en Hes ae = 12, MAINTENANCE OF COMMUNITY INTERESTS. In orde 1o maintains community of congenial a residents who are financiallyend socially responsible, and thus protect the value of the Property, the trate leasing, and eortgaiag of Units by other than the Sponsor shall be subject to Ube following : 12,1 TRANSFERS SUBJECT TO APPROVAL. a. SALE. No Unit Owner may dispose of a Unit or any interest in a Unit, by sale or otberwise, without approval of the grantee by the b, LEASE. No Unit Owner may dispose of x Unit or any interest in a Unit by lease without approval of the lessee by the. ‘No lease may be made for less than a three (3) month consecucive period nor shall any transient accommodations be pr: ¢. GIFT. If any person tie or right te occupy by gift, the continuance of his ‘ownership of occupancy of the Unit shall be subject to the approval of the . d, DEVISE OR INHERITANCE. If any Unit Owner shall ue by devise or inheritance, the continuance of his ownership of the Unit shali be subject to the appraval of the Association. TRANSFERS. If sny Unit Owner shall acquire bls ide orth right vo ooatpy by any manner 201 considered ia te subsections, the continuance of his ownership or occupancy ri he Un shal be vobject othe approval of . 12,2 APPROVAL BY ASSOCIATION. The approval by the Association that is required for the transfer of all or part of ownership of Units shall be obtained in the following manner: , NOTICE TO ASSOCIATION. {0 SALE. A Unit Owner bona de” sale of his Unit shall veto the inteutlon,topeuet wih su infacmatian concerningte tbe Ausocation may require. Such note, at the Unit Owner "option, tay include a demand by the Unit Owner t 1 purchaser for the Unit if the {5 pot approved. ‘The notice shall be accompanied by an executed copy of the proposed coatract ofsale (2) LEASE, A Unit Owner intending 10 make 2 ‘*bona fide” lease of his entire Unit shall give to the Association notice of such intention, together with the name, address, and such other information ¢ Intended lessee as the Association may require, and a copy of the proposed lease. A demand fora substitute lessee may be made as heretofore provided. @) GIFT, DEVISE OR INHERITANCE, OTHER TRANSFERS. A Unit Owner who has rained hls td by lB devine oe inheiance, of by any oder manner Sot ly cor theseot, te such information concenung the Unit Owners as the Sradaalon my requre and t copy ot tir instrament evi ‘the owner's tile, (4) FAILURE TO GIVE NOTICE. 1f the required notes the Assocation it not given, thea at any time after receiving knowledge of the event allegedly transferring ownership ofa ‘Association,at ts election and ut notice, may approveor prove te suze, iftbe Asoclaios disapproves the transaction or ownership, the Association proceed as if it had received the required notice on the date of such (3) BONA FIDE OFFER. A “boas fide" offer as used herein shall mean an offer in writing, Binding upon the offeror, dicosing the name and addres of the real partyin interest and contain all of the tes and conditions of such propoted lease oF se and accompanied by an earnest money . b. cenncaTe OF APPROVAL. 7 (i) TRANSFER FEE. The granting of any cerlfcae of approval shall be based won the condition that the transferor pay to the entity conducting the investigation a ‘accordance isthe By-Laws The cording ofthe approval shall Be detaed prea tase for vas paid i oot pad, the fee shall be treated as a delinquent common expense. oO as oa 10 EXHIBIT_& __|_of pages & Gs ws 9 ei bs _ a == oe pars ae ae ee a 4 air9 a # ve m a as a = = ST ry ALEY viIOT LEY December 6, 2017 Robert Tapia PO Box 260807 VIA iFIEL NL Pembroke Pines, Florida 33026 UL M. RE New Hampton at Century Village Condominium #IV Association, Ine, Unit U-208—Restrictive Covenant Violations Property address: 13500 S.W. 1* Street, #U-208, Pembroke Pines, Florida 33027 Dear Mr. Tapia: Please be advised that this office represents New Hampton at Century Village Condominium #IV Association, Inc., as general counsel. In connection therewith, the Board of Directors of the Association has contacted me with regard to a restrictive covenant violation at your unit. As you should be well-aware, the tenants/occupants at your unit occupy your unit in violation of the governing documents of the Association. Tenants and other occupants must be approved by the Association in the manner provided in the governing documents of the Association prior to commencing residency at a unit. In this case, the tenants/occupants have failed to submit the completed application for occupancy, have failed to pay the screening fee, have failed to arrange for and appear at a screening as required, and have not been approved by the Association. The failure to meet these requirements constitutes a clear violation of the Association’s governing documents, and the violation must be corrected. Therefore, demand is hereby made for you to correct this violation by no later than December 19, 2017. In particular, and by that date, you must remove the tenants/occupants from your unit and the condominium property. Upon compliance with this demand, you must forward a letter to this office indicating that you have done so. However, in the event you fail to comply with this demand within the time set forth, the Association will have no alternative but to file a legal action against you and your tenants/occupants, without further notice, to obtain injunctive relief requiring the removal of the tenants/occupants from your unit and condominium property. Please be aware that, should legal action become necessary, once the Association prevails in the action, you will be responsible for the attorneys’ fees and costs incurred by the Association in enforcing the provisions of its governing documents. _PLEASE coy pee ACCORDINGLY! Ty SANIEL A. wen ESQ DAW/gs ce: Tenants/occupants, 13500 S.W. 1“ Street, #U-208, Pembroke Pines, Florida 33027 New Hampton at Century Village Condominium #IV Association, Inc. 2699 STIRLING Roap, so- SuITE C-207, For? LAUDERDALE, FL 33312 EXHIBIT of _C pages 954-962-7367 S7TRALEYOTIOPA.cOM 30)5-893-0566