Preview
Case Number: CACE-15-013593 Division: 02
Filing # 30300376 E-Filed 07/30/2015 03:29:04 PM
IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL
CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
ORIOLE GARDENS CONDOMINIUM TWO ASSOCIATION,
INC. , A FLORIDA NOT FOR PROFIT CORPORATION,
PLAINTIFF,
V. CASE NO.
DWAYNE MCCUNE; UNKNOWN SPOUSE OF DWAYNE
MCCUNE; MARY MCCUNE AND UNKNOWN TENANT(S) IN
POSSESSION OF THE SUBJECT PROPERTY,
DEFENDANTS.
COMPLAINT
Plaintiff, ORIOLE GARDENS CONDOMINIUM TWO _ ASSOCIATION,
INC,
(“ASSOCIATION”), sues Defendants, DWAYNE MCCUNE; UNKNOWN SPOUSE OF DWAYNE
MCCUNE; MARY MCCUNE and UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT
PROPERTY and says:
COUNTI
1, This is an action to foreclose a Claim of Lien for condominium assessments in
accordance with Section 718.116, Florida Statutes.
2. ASSOCIATION is a condominium association and a Florida corporation, not for profit,
operating pursuant to the provisions of Chapter 718, Florida Statutes. ASSOCIATION is doing business
in Broward County, Florida.
3. Defendant DWAYNE MCCUNE ("OWNER") is the fee simple owner of the following
described real property:
Condominium Parcel known as Apartment No. 104 of ORIOLE
GARDENS TWO CONDOMINIUM 67, a Condominium,
according to the Declaration of Condominium thereof, as recorded
ACTIVE: 000343/367755:7392967_1_GSAUVEUR
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/30/2015 3:29:02 PM.****CASE NO.
COMPLAINT
in Official Records Book 5947, Page 848, of the Public Records of
Broward County, Florida.
A/K/A: 551 NW 80th Avenue, Unit 104, Bldg. 67, Margate, FL
33063
4, OWNER is a member of ASSOCIATION and is subject to and governed by the
ASSOCIATION’S governing documents.
5. Pursuant to Chapter 718, Florida Statutes, ASSOCIATION is empowered to make and
collect assessments for common expenses against the individual condominium units of ORIOLE
GARDENS CONDOMINIUM TWO ASSOCIATION, INC.
6. ASSOCIATION has made assessments for common expenses against OWNER'S
condominium unit.
7. OWNER has failed to pay these assessments as they became due and payable.
8. As a result of OWNER'S failure to pay these assessments, ASSOCIATION, pursuant to
Section 718.116, Florida Statutes, recorded a Claim of Lien against the subject condominium unit.
9. ASSOCIATION sent OWNER by certified mail, return receipt requested, and first class
United States mail, a thirty (30) day notice and demand for all amounts owed to the ASSOCIATION to
be paid, before recording a claim of lien against the subject unit. A true and correct copy of that letter is
attached hereto as Exhibit A.
10. ASSOCIATION’s Claim of Lien was recorded on May 22, 2015, and affects real
property located in Broward County, Florida. It can be found in the Public Records of Broward County,
Florida, in Official Records, Instrument Number 113006617. A true and correct copy of the Claim of
Lien is attached hereto and expressly made a part hereof as Exhibit B.
ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO.
COMPLAINT
11. | OWNER'S condominium assessments are delinquent and ASSOCIATION is entitled to
foreclose its Claim of Lien for condominium assessments.
12, Section 718.116, Florida Statutes, expressly provides the Claim of Lien shall secure all
unpaid assessments, interest, costs and attorney’s fees which are due and which may accrue subsequent
to the recording of the Claim of Lien and prior to the entry of a certificate of title.
13. Moreover, Article XVII of the Declaration of Condominium: XVII expressly provides
the ASSOCIATION’s Claim of Lien secures all assessments, interest, costs, late charges and attorney’s
fees. Attached hereto as Exhibit C is a true and correct copy of Article XVII of the Declaration of
Condominium,
14, ASSOCIATION, by and through its undersigned attorneys, sent OWNER by certified
mail, return receipt requested, a thirty (30) day notice of intent to foreclose its Claim of Lien to
Defendants' last known address. A true and correct copy of the thirty (30) day notice of intent to
foreclose Claim of Lien is attached hereto and expressly made a part hereof as Exhibit D.
15. All conditions precedent to the filing of the action have been performed or have
occurred.
16. ASSOCIATION has retained the undersigned attorneys to represent it in this action and
is required to pay them a reasonable fee for their services.
17. The Defendant UNKNOWN SPOUSE OF DWAYNE MCCUNE may claim an interest
as a non-owner spouse, but any such interest is subordinate and inferior and subject to the lien rights of
the ASSOCIATION.
18. The Defendant MARY MCCUNE may claim an interest in the property by virtue of a
Mortgage recorded in Official Records Book 40509, Page 297, of the Public Records of Broward
ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO.
COMPLAINT
County, Florida, but any such interest is subordinate and inferior and subject to the lien rights of the
ASSOCIATION.
19. The Defendant UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT
PROPERTY may claim an interest in the aforesaid real property as a tenant or occupant of said property.
Any such right, title, or interest would be subordinate and inferior and subject to the lien rights of the
ASSOCIATION.
WHEREFORE, ASSOCIATION respectfully requests that the Court award the following relief:
A. Take jurisdiction of this cause and of the parties to this action.
B. Ascertain the amount of money including interest, expenses and costs, late charges and
attorney’s fees which ASSOCIATION is entitled to recover in this action.
c That ASSOCIATION be decreed to have a lien upon the real property of OWNER as
described herein for the sum of money found to be due, and that said lien be decteed to be superior to the
right, title and interest of OWNER and other named defendants.
Dz. That such lien be foreclosed in accordance with Section 718.116, Florida Statutes, and
the established rules and practices of the Court, that upon default of the payment to ASSOCIATION of
the amounts so found to be due, that said real property be sold by the Clerk of Court to satisfy
ASSOCIATION’ lien in accordance with the provisions of Section 718.116, Florida Statutes; and that a
deficiency judgment be entered for the sum remaining unpaid against the OWNER.
E. That the Final Judgment of Foreclosure incorporate an order dispossessing OWNER,
and requiring that the purchaser at the foreclosure sale, his representatives or assigns, be let into
possession of the property.
F, Award such other and further relief as ASSOCIATION may be entitled to receive.
ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO.
COMPLAINT
A. Ascertain the amount of assessments and interest which ASSOCIATION is entitled to
recover in this action.
B. Award ASSOCIATION judgment in the amount of all delinquent assessments and
interest found to be due.
Cc. Award to ASSOCIATION the costs, late charges and reasonable attomey’s fees
incurred incident to collection of the delinquent assessments.
This is an attempt to collect a debt by a debt collector and any information obtained will
be used for that purpose.
DATED July 5 2015,
BECKER & POLIAKOFF, P.A.
Attorneys for ASSOCIATION
Huntington Centre Corporate Park
2901 SW 149 Avenue, Suite 140
Miramar, Florida 33027
(954) 985-4102
(954) 987-5940 Fax
Primary: MIRservicemail@pbplegal.com
mA
. Joy Mattingly
Florida Bar #17391
ACTIVE: 000343/367755:7392967_l_GSAUVEURBECKER & Huntington aaa partite Park
POLIAKOFF Sener Fe 3007
Broward: (954) 985-4102
Miami-Dade / Keys: (305) 260-1021
Palm Beach / Treasure Coast: (561) 820-2887
Fax: (954) 987-5940
Reply To:
Gabrietle Sauyeur
GSauveur@bplegal.com
March 6, 2015
FIRST CLASS UNITED STATES MAIL
AND CERTIFIED MAIL # 9214 7969 0099 9790 1600 3191 72
RETURN RECEIPT UESTED
Dwayne McCune
551 NW 80th Avenue, Unit 104
Margate, FL 33063
FIRST CLASS UNITED STATES MAIL
AND CERTIFIED MAIL # 9214 7969 0099 9790 1600 3192 71
RETURN RECEIPT REQUESTED
Dwayne McCune
1413 New Oglesbee Rd
Wilmington, OH 45177
Re: Oriole Gardens Condominium Two Association, Inc, / Dwayne MeCune
Property Address: 551 NW 80th Avenue, Unit 104
Our File No,; 000343/367755
Dear Dwayne McCune:
Please be advised that our firm represents Oriole Gardens Condominium Two Association, Inc. .
The Association has advised that the following amounts are currently due on your account. The
Association is the creditor to whom the debt is owed. This letter shall serve as the Association’s
thirty (30) day notice of intent to record a Claim of Lien against your property unless you pay in full
the amounts set forth below:
Quarterly Maintenance due 01/01/15 $557.00
Late Fee due 01/15/15 25.00
Interest 17.03
Certified/Registered Mail, Return Receipt Requested 12,96
Legal Fees 210.00
TOTAL $8
ACTIVE: 000343/367755:6803286_1
www.bplegal.com care@bplegal.com
Florida New Jersey New York Virginia Washington,DC PragueDwayne McCune
March 6, 2015
Page 2
Unless, within thirty days after receipt of this notice, you dispute the validity of the debt, or
any portion thereof, the debt will be assumed to be valid by the debt collector. If you notify
this Firm in writing within the thirty day period that the debt or any portion thereof is
disputed, this Firm will obtain verification of the debt and verification will be mailed to you
by this Firm, If, within the thirty day period, you request in writing the address of the
Association, this Firm will provide you with the address of the Association.
This is an attempt to collect a debt by a debt collector and any information obtained will be
used for that purpose,
Please make your check payable to Oriole Gardens Condominium Two Association, Inc, but
mail to:
Becker & Poliakoff, P.A,
K. Joy Mattingly, Esq.
Huntington Centre Corporate Park
2901 SW 149th Avenue, Suite 140
Miramar, Florida 33027
Very truly yours,
K, Joy Mattingly
For the Firm
KIM jp
ce: Oriole Gardens Condominium Two Association, Inc.
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Wilmington, OH 45177
SECURED ee eee ea
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000343/367755
Code2: Oriole Gardens /McCune
Code2: Oriole Gardens /McCune
File: 000343/367755Mares 113006617
‘ecorded 05/22/15 03:44:
Broward Saunt Commision i
Deputy Clark
1,1 Pages.
THIS INSTRUMENT PREPARED BY:
BECKER & POLIAKOFF, P.A.
K, Joy Mattingly, Esq.
Huntington Centre Corporate Park
2901 SW 149 Avenue, Suite 140
Miramar, Florida 33027
(954) 985-4102,
(954) 987-5940 Fax
CLAIM OF LIEN FOR CONDOMINIUM ASSESSMENTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned notary public, personally appeared K, Joy Mattingly, Authorized Agent of Oriole Gardens,
Condominium Two Association, Inc. , a Florida corporation, on behalf of the corporation, Affiant took an oath, and is “Cy
personally known to me or (__) has produced as identification that Affiant is the
Authorized Agent of Oriole Gardens Condominium Two Association, Inc. , whose post office address is 7700 NW Sth Court,
Margate, FL 33063-4151, and that pursuant to Section 718.116 of the Florida Statutes as well as the Declaration of
Condiminium: XVII, said Association is owed the following amounts for shares of the common expenses:
Description Amount
Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each. $1,114.00
TOTAL $1,114.00
plus interest at the rate of 18% per annum from the due dates.
This Claim of Lien shall also secure all unpaid assessments, interest, costs and attomeys fees which are due and which may
accrue subsequent to the date of this Claim of Lien and prior to entry of a final judgment of foreclosure.
The Lienor claims this lien on the following described property in Broward County, Florida:
Condominium Parcel known as Apartment No, 104 of ORIOLE GARDENS TWO CONDOMINIUM
67, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official
Records Book 5947, Page 848, of the Public Records of Broward County, Florida,
A/KI/A: 551 NW 80th Avenue, Unit 104, Margate, FL 33063
the current owners of which are DWAYNE MCCUNE.
The amount due to the Lienor remains outstanding as of May 12, 2015.
ORIOLE GARDENS CONDOMINIUM TWO
ACTIVE: 000343/367755:7055610_174-205734
DECLARATION OF CONDONINIUH
or
ORIOLE GARDENS ‘THO CONDOMINIUM 67
ORIOLE HOMES CORP., a Florida Corporation (hereinafter
referred to as "Developer") hereby states and deciares:
1 + SUIMISSION STATEMENT
Developer is the ovner of record of the land hereinafter
described in Exhibit A and hereby declares the same to be
Condominium Property and docs heroby submit tho same to
condominium ownership pursuant to Chapter 711, Plorida Statutes,
‘the Condominium Act.
TE = NAME
‘the namo by which this Condominium is to be identified
iss
ORTOLE GARDENS TWO CONDOMINIUM 67
THE = Lan ©
2 Hd 92 435 ty,
The legal doseription of the land included and submitted
herevith to condominium ownership is described in Exhibit A
which is attached hereto und made a part hereof, and ts hore~
after referred to as the "Land",
bh
IV - EXPLANATION OF TERMENKOLOGY
M1 terms shat) have the meaning set forth in the Act
and for clarification the following terms have the following
meant
A. "Oriole Gardens" moans tho multiphasod planned
conmunity of condominium residential apartment buildings being
developed by Developer upon a portion of Parcel 2 and 6 of Oriole
Golf and Tennis Club Section 2 according to the Plat thereof
Page 21, of the Public Records of
recorded in Plat Nook 78,
broward County, Florida.’ Each phase shall be referred to by
Arabic Nuneral, i.e, "Criole Gardens Two", etc.
B.— “Ortole Gardens Two Condominium" means One of the
condoninium apartment buildings at Orlole Gardens Two referred
to by an arabic numeral designation, i.c. Oriole Gardens Two
Gondoninium 35.
‘THIS INSTRUMENT PREPARED BY HARVEY 6, KOPELOWITZ
AUDEN, BURNETT, MeCLOSKY, SCHUSTER SCHNERER
P.O, NOX 16
RETURN To. FORT LAUORTOALE, FLA, 29004
rn
Order: 000343-367755 Doc: FLBROW:5947-00848 Page 1 of 94 Created By: Mrudula Nt Agreement
The Hoard has entered into a Management Agreenont with
Oriole G& T Management Corp., a corporation owned and control led
hy the Develoner for the purpose of providing for the services,
labor, work and materials necessary for the maintonanco and
repair of the Condominium Pronerty and for assisting the Roard in
carrying out the obligations of the Association contennlated hy
the Condoninlua Mocunents, including the obligation of centralized
management under the Long Term Lease. In accordance with the
terns of the gemoat Agreement, the Roard has empowered and
granted to such corporation the rights of access granted and piven
fo the heard; the rights of assessments and collection of Conmon
Expenses; and all of tho necessary rights and powers to carry
out tho functions of the Board. The fee to be pnid to the
Management Company under the terns of the Management Agreement is
part of the Connon Expenses of this condominium, The Managenent
Apreomont is subject to the Act insofar as Its termination is
concerned.
D. Alterations and Improvenents
the Association shall have the riyht to make or cause to ho
made structural changes and improvenents of the Common Elements
and Limited Connon Elenonts which do not nrejudice the right of
any Apartment Owner and any First mortgage unloss his or its
written consent has been First obtained, provided the making of
such alterations and Improvements is first approved by the loard
and which approval shull bo submitted for ratification by the
affirmative vote of two-thirds (2/3) of the Apartnont Owners if
the cost of the same shall be in Connon Expenses which shall exceed
One Thousand Dollars ($1,000.00). The cost of such alterations
and Improvements shall be assessed anong the Apartnent Owners
therefor proportionately.
XVIS = COMMON EXPENSES ASD ASSESSHENTS.
A. Duty to pay.
Jt is hereby stated to be the express duty of ouch Apartiy
Owner to promptly pay his share of the Common Expenses and al]
assessments levied by the Board.
H, Assessmonts.
ossments shall be made and determined in the following
1, The Board shall apnrove an annual budget in
advanco for cach fiscal year and such budget shall project
the anticinated Gomaon Exnenses for the ensuing fiscal year.
2, AFtor the adoption of a budget and determination
of the annual assessments against the Apartment Avners
in accordance with the shares of the Common Expenses
hereinabove set forth, the Association shall assess such
sums hy promptly notifying all owners by delivering or
mailing notice thereof at such Owner's most recent address,
as shown by the books and records of Association.
The unawal assessments are paynble in quarterly
installments which shail he due and payable in advance
to the Association on the first day of each January,
April, duly and October, regardloss of whether or no
members are sent or setually receive wrinten notice
thereof. In addition, the Association shall have the
698 29% 2599 338
Order: 000343-367755 Doc: FLBROW:5947-00848 Page 12 of 94 Created By: Mrudula N
Printed: 07/21/2015 1:power to levy special ussessments against cach Apartment,
if necessary, to coveradditional Common Expenses and
shall have the power to levy such other special assessments
as provided horein, which may or may not be equal per
Apartment.
3, The record oxners of cach Apartment shall be
personally Liable jointly and severally to the Association
for the payment of special as well as regular assessments
made hy the Association and for ull costs of collecting
delinquent assessments, plus interest and attorneys’ fees
as horeltnatter mrovided. In the event assessments are
payable in instatiments, the Board may accelerate the
remaining installments of the annual axsessnent upon
notice thereof to the Apartment Owner whereupon the entire
unpaid balance of the annual assessment shall becone duc
upon the ilate stated in the notice which shall not be less
than ten (10) days after the date of the notice. In the
evont any assessment, installment or asscssnont or
accelerated assessments are not paid within twenty (29)
days after their due date, the Association, through its
Board, may procced to enforce und colloct the said
assessments against the Apartment Owner owing the samo’ in
any manner provided for hy the Act, including the right
of foreclosure and sale.
4, The Association may ut any time require
Apartment Oxners to muintain a minimum balance on
deposit with the Association to cover future assessments.
Such deposits shall be proportionate to each Apartwont's
interest in the Common Elements.
5. In connection with ussessmonts, the Association
shall have all of the powers, rights, privileges, and legal
romedios provided for hy the Act, specifically including
4 Mon upon ench Avartment for any unpaid assessments
and jnterest thereon ugainst the Apartment Owner of such
Apartment, together with roasonable attornoys! fees incurred
by the Association incident to the collection of assessments
or onforcement of such lien, Assessments and instalinonts
thereon not paid when duo shall bear interest from the
date when due until paid at the rate of ten (10%) percent
per annun,
G. It ds specifically acknowledged that the
provisions of Section 711.15(4), of the Act, are applicable
to this condominium, and further, in the ovent an approved
first mortgagee ocbtuins title to an Apartment by voluntary
convoyance, such mortgagec, Its successors, and assigns
shall not be liable for accrued assessments or Connon
Expenses as fully as though the property were acquired
by foreclosure as provided by Section Soction 711,15(6),
of the Act.
a It is specifically acknowledged and provided
that the assessment charges sot forth on Exhibit D are
in effect for the period ending December 31, 1978_ and
are hereinafter referred to as "Interin Assessments"
The Intorim Assessments aro ostinates of the charges for
items set forth in the Hy-Laws. The Developer guarantoes
that during tho period just described the Interim Assessnonts
will not be increased and the Pevaloper will pay all Common
Expenses not paid for by Interim Assessments, which wre
paid for by Apartment Owners other than the Nevcloner.
Regular assessments shall be made and determined commencing ,
with the culendar year January 1, 197 6, and tho: Developer
will pay any regular assessments for any of the Apartments
ounod by the Developer.
098394 27g 934
- a3) .
‘AUDEN, BARNETY, MeCLODKY, BCHUSTEN @ SCHERER, ATFORNEYS AY LAW, 990 1L.¢, 200) AVENUE, FONT LAUDERDALE, FLOMLOA
Order: 000343-367755 Doc: FLBROW:5947-00848 Page 13 of 94 Created By: Mrudula N Printed: 07/21/2015 11:32:55 PM IST
‘XVIEL = INSURANCE
The board shalt obtain Iability insurance in such amounts
as the Bowrd may determine From time to tine for the purpose of
providing liability insurance coverage for the Comaon Elements
and the Nenised Parcel. The board shall collect and enforce
the naynent of a share of the premiun for such insurance from
each Apartment Owner as a part of the Common Exnunses. Said
insurance shall incinde but not be limited to, wator damage,
lugal Mability, hired automobile, non-owned automobile, and
off-pronixes employee coverage. All Habitity insurance shail
contain cross Mability endorsement to cover liabilities of the
Apartment Qwners as a group to an Apartment Owner. tach Apartmen’
Ovner shall be responsible for the purchasing of liability insurance
for necidents oceurring tn hls own Apartment and for the purchasing
of insurance for all of his personal proverty.
XIX + DESTRUCTION OF IMPROVEMENTS
AND GASUALTY INSURANCE
The Association shall obtain Fire und ixtended Coverage
Insurance and Vandulisn und Malicious Mischiof Insurance, insuring
all of the insurable inprovenents within the condoninium including
personal property owned by the Association, in and for the intorest
of the Association, all Apartment Qwnors and their approved first
mortgagoes, as their interest may appoar, in a company acceptable
to tho standards sot by the floard, in an amount cqual to the
nmaxinun insurable replacemont value as determined annually by
the Hoard; the promiuns for such coverage and other oxponsex
in connection with sald insurance shall be patd by the Association
and charged as part of the Common Expenses. The company or
conpanias with whom the Association shall vlace its insurance
coverage us provided in this Declaration must be good und responsi2’
companies authorized to do business in the State of Florida.
The anproved first mortgageo owning and holding the first recorded
mortgage encumboring an Apartment shall have the right for so
long as it ovns and holds any mortgage encunboring an Apartnont
to approve the policies and the company or companies who are the
insurers under the insurance placed by tho Association as horein
wrovided and the amount thereof. ‘Tho Association shall have
the right to designate the Insurance Trustee, which shall bo a
trust company authorized to do business in Florida, and therenfter
from tine to tine, the right to change the Insurance Trustee to
such other trust company authorized to conduct business in tho
State of Florida, or to such other person, firm, or corporation
as Insurance Trustee as may bo acceptable to the anproved first
mortgagee holding the first recorded mortgaze oncumbering an
Apartment. At such tine as the aforesaid approved first mortgagee
is not the holdar of a mortyuge on an Apurtnent, then these rights
of approval and designation shall pass to the approved First
mortgages having the highest dollar indchtednoss on apartments
in tho condoniniun property, and in tho absence of the action
of said mortgageo the Association shall have said right without
qualification.
%. Ald policies purchased by the Association shall be
for the benefit of the Association, all Anartment Owners and
their approved mortgagecs, as their interests may appour, Such
policies shall be deposited with tho Insurance Trustec, afore
mentioned, ‘who shall first acknowledge that the policies and
any proceeds thoreof will be held in accordance with the terms
198298 25
he
AUDEN, BARNETT, NECLOSRY. ECHHDTEN @ SCHMERER, ATTORMEYE AT LAW, 900 N/E. 269H AVENUE, FORT LAUBERDALE, FLOINOA
Order: 000343-367755 Doc: FLBROW:5947-00848 Page 14 of 94 Created By: MrudulaN Printed: 07/21/2015 11:32:55 PM ISTBECKER & eee eee eae peas
nue, Sui
POLIAKOFF Miramar, Florida 33027
Broward: (954) 985-4102
Miami-Dade / Keys: (305) 260-1021
Palm Beach / Treasure Coast: (561) 820-2887
Fax: (954) 987-5940
Reply To:
Gabrielle Sauveur
GSauveur@bplegal.com
May 12, 2015
FIRST CLASS UNITED STATES MAIL
AND CERTIFIED MAIL # 92147969009997901601610698
RETURN RECEIPT REQUESTED
Dwayne McCune
551 NW 80th Avenue, Unit 104
Margate , FL 33063
FIRST CLASS UNITED STATES MAIL
AND CERTIFIED MAIL # 92147969009997901601610780
RETURN RECEIPT REQUESTED
Dwayne McCune
1413 New Oglesbee Rd
Wilmington, OH 45177
Re: Oriole Gardens Condominium Two Association, Inc. / Dwayne McCune
Property Address; 551 NW 80th Avenue, Unit 104
Our File No,: 000343/367755
Dear Dwayne McCune:
Please be advised that our firm represents Oriole Gardens Condominium Two Association, Inc, .
The Association is the creditor to whom the debt is owed. Enclosed is a copy of a Claim of Lien
which is being recorded against your property for failure to pay your assessments.
This letter shall serve as the Association’s thirty (30) day notice of its intent to file a foreclosure
action unless the following amounts are paid in full.
Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each $1,114.00
Late Fee due 01/15/15-04/15/15 at $25.00 each 50.00
Interest 45.05
Certified/Registered Mail, Return Receipt Requested 25.92
Cost of Placing and Releasing Lien 20.00
Deed Search 3,25
Legal Fees 700.00
ACTIVE: 000343/367755:7055543_1
www.bplegal.com care@bplegal.com
Florida New Jersey New York Virginia Washington,DC PragueDwayne McCune
May 12, 2015
Page 2
TOTAL $1,958.22
This is an attempt to collect a debt by a debt collector and any information obtained will be
used for that purpose.
If payment in full is received, a Satisfaction of Claim of Lien will be recorded and mailed to you.
Please make your check payable to Oriole Gardens Condominium Two Association, Inc. but
mail to:
Becker & Poliakoff, P.A.
K, Joy Mattingly, Esq.
Huntington Centre Corporate Park
2901 SW 149th Avenue, Suite 140
Miramar, Florida 33027
Very truly yours,
ea aie
K, Joy Mattingly
For the Firm
KIM jp
Enclosure
ce: Oriole Gardens Condominium Two Association, Inc.
ACTIVE; 000343/367755:7055543_1THIS INSTRUMENT PREPARED BY:
BECKER & POLIAKOFF, P.A.
K. Joy Mattingly, Esq.
Huntington Centre Corporate Park.
2901 SW 149 Avenue, Suite 140
Miramar, Florida 33027
(954) 985-4102
(954) 987-5940 Fax
CLAIM OF LIEN FOR CONDOMINIUM ASSESSMENTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned notary public, personally appeared K, Joy Mattingly, Authorized Agent of Oriole Gardens
Condominium Two Association, Inc, , a Florida corporation, on behalf of the corporation. Affiant took an oath, and is cy
personally known to me or (__) has produced as identification that Affiant is the
Authorized Agent of Oriole Gardens Condominium Two Association, Inc. , whose post office address is 7700 NW Sth Court,
Margate, FL 33063-4151, and that pursuant to Section 718.116 of the Florida Statutes as well as the Declaration of
Condiminium: XVII, said Association is owed the following amounts for shares of the common expenses:
Description Amount
Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each $1,114.00
TOTAL $1,114.00
plus interest at the rate of 18% per annum from the due dates,
This Claim of Lien shall also secure all unpaid assessments, interest, costs and attorneys fees which are due and which may
accrue subsequent to the date of this Claim of Lien and prior to entry of a final judgment of foreclosure,
The Lienor claims this lien on the following describéd property in Broward County, Florida:
Condominium Parcel known as Apartment No, 104 of ORIOLE GARDENS TWO CONDOMINIUM
67, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official
Records Book 5947, Page 848, of the Public Records of Broward County, Florida.
A/K/A: 551 NW 80th Avenue, Unit 104, Margate, FL 33063
the current owners of which are DWAYNE MCCUNE.
‘The amount due to the Lienor remains outstanding as of May 12, 2015.
ORIOLE GARDENS CONDOMINIUM TWO.
BY:
ACTIVE: 000343/367755:7055610_1mie MUMIA
Huntington Centre Corporate Park
Satesa0 4224 75369 0059 9790 LE02 Ob 38
Miramar, FL 33027
‘ Dwayne McCune
~o 551 NW 80th Avenue, Unit 104
“- Margate , FL 33063
RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
Pau “BC: 33927415248 +97 95-25 133-18
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Case Number: CACE-15-013593 Division: 02 Filing # 30300376 E-Filed 07/30/2015 03:29:04 PM IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION ORIOLE GARDENS CONDOMINIUM TWO ASSOCIATION, INC. , A FLORIDA NOT FOR PROFIT CORPORATION, PLAINTIFF, V. CASE NO. DWAYNE MCCUNE; UNKNOWN SPOUSE OF DWAYNE MCCUNE; MARY MCCUNE AND UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, DEFENDANTS. COMPLAINT Plaintiff, ORIOLE GARDENS CONDOMINIUM TWO _ ASSOCIATION, INC, (“ASSOCIATION”), sues Defendants, DWAYNE MCCUNE; UNKNOWN SPOUSE OF DWAYNE MCCUNE; MARY MCCUNE and UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY and says: COUNTI 1, This is an action to foreclose a Claim of Lien for condominium assessments in accordance with Section 718.116, Florida Statutes. 2. ASSOCIATION is a condominium association and a Florida corporation, not for profit, operating pursuant to the provisions of Chapter 718, Florida Statutes. ASSOCIATION is doing business in Broward County, Florida. 3. Defendant DWAYNE MCCUNE ("OWNER") is the fee simple owner of the following described real property: Condominium Parcel known as Apartment No. 104 of ORIOLE GARDENS TWO CONDOMINIUM 67, a Condominium, according to the Declaration of Condominium thereof, as recorded ACTIVE: 000343/367755:7392967_1_GSAUVEUR *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/30/2015 3:29:02 PM.****CASE NO. COMPLAINT in Official Records Book 5947, Page 848, of the Public Records of Broward County, Florida. A/K/A: 551 NW 80th Avenue, Unit 104, Bldg. 67, Margate, FL 33063 4, OWNER is a member of ASSOCIATION and is subject to and governed by the ASSOCIATION’S governing documents. 5. Pursuant to Chapter 718, Florida Statutes, ASSOCIATION is empowered to make and collect assessments for common expenses against the individual condominium units of ORIOLE GARDENS CONDOMINIUM TWO ASSOCIATION, INC. 6. ASSOCIATION has made assessments for common expenses against OWNER'S condominium unit. 7. OWNER has failed to pay these assessments as they became due and payable. 8. As a result of OWNER'S failure to pay these assessments, ASSOCIATION, pursuant to Section 718.116, Florida Statutes, recorded a Claim of Lien against the subject condominium unit. 9. ASSOCIATION sent OWNER by certified mail, return receipt requested, and first class United States mail, a thirty (30) day notice and demand for all amounts owed to the ASSOCIATION to be paid, before recording a claim of lien against the subject unit. A true and correct copy of that letter is attached hereto as Exhibit A. 10. ASSOCIATION’s Claim of Lien was recorded on May 22, 2015, and affects real property located in Broward County, Florida. It can be found in the Public Records of Broward County, Florida, in Official Records, Instrument Number 113006617. A true and correct copy of the Claim of Lien is attached hereto and expressly made a part hereof as Exhibit B. ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO. COMPLAINT 11. | OWNER'S condominium assessments are delinquent and ASSOCIATION is entitled to foreclose its Claim of Lien for condominium assessments. 12, Section 718.116, Florida Statutes, expressly provides the Claim of Lien shall secure all unpaid assessments, interest, costs and attorney’s fees which are due and which may accrue subsequent to the recording of the Claim of Lien and prior to the entry of a certificate of title. 13. Moreover, Article XVII of the Declaration of Condominium: XVII expressly provides the ASSOCIATION’s Claim of Lien secures all assessments, interest, costs, late charges and attorney’s fees. Attached hereto as Exhibit C is a true and correct copy of Article XVII of the Declaration of Condominium, 14, ASSOCIATION, by and through its undersigned attorneys, sent OWNER by certified mail, return receipt requested, a thirty (30) day notice of intent to foreclose its Claim of Lien to Defendants' last known address. A true and correct copy of the thirty (30) day notice of intent to foreclose Claim of Lien is attached hereto and expressly made a part hereof as Exhibit D. 15. All conditions precedent to the filing of the action have been performed or have occurred. 16. ASSOCIATION has retained the undersigned attorneys to represent it in this action and is required to pay them a reasonable fee for their services. 17. The Defendant UNKNOWN SPOUSE OF DWAYNE MCCUNE may claim an interest as a non-owner spouse, but any such interest is subordinate and inferior and subject to the lien rights of the ASSOCIATION. 18. The Defendant MARY MCCUNE may claim an interest in the property by virtue of a Mortgage recorded in Official Records Book 40509, Page 297, of the Public Records of Broward ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO. COMPLAINT County, Florida, but any such interest is subordinate and inferior and subject to the lien rights of the ASSOCIATION. 19. The Defendant UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY may claim an interest in the aforesaid real property as a tenant or occupant of said property. Any such right, title, or interest would be subordinate and inferior and subject to the lien rights of the ASSOCIATION. WHEREFORE, ASSOCIATION respectfully requests that the Court award the following relief: A. Take jurisdiction of this cause and of the parties to this action. B. Ascertain the amount of money including interest, expenses and costs, late charges and attorney’s fees which ASSOCIATION is entitled to recover in this action. c That ASSOCIATION be decreed to have a lien upon the real property of OWNER as described herein for the sum of money found to be due, and that said lien be decteed to be superior to the right, title and interest of OWNER and other named defendants. Dz. That such lien be foreclosed in accordance with Section 718.116, Florida Statutes, and the established rules and practices of the Court, that upon default of the payment to ASSOCIATION of the amounts so found to be due, that said real property be sold by the Clerk of Court to satisfy ASSOCIATION’ lien in accordance with the provisions of Section 718.116, Florida Statutes; and that a deficiency judgment be entered for the sum remaining unpaid against the OWNER. E. That the Final Judgment of Foreclosure incorporate an order dispossessing OWNER, and requiring that the purchaser at the foreclosure sale, his representatives or assigns, be let into possession of the property. F, Award such other and further relief as ASSOCIATION may be entitled to receive. ACTIVE: 000343/367755:7392967_1_GSAUVEURCASE NO. COMPLAINT A. Ascertain the amount of assessments and interest which ASSOCIATION is entitled to recover in this action. B. Award ASSOCIATION judgment in the amount of all delinquent assessments and interest found to be due. Cc. Award to ASSOCIATION the costs, late charges and reasonable attomey’s fees incurred incident to collection of the delinquent assessments. This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. DATED July 5 2015, BECKER & POLIAKOFF, P.A. Attorneys for ASSOCIATION Huntington Centre Corporate Park 2901 SW 149 Avenue, Suite 140 Miramar, Florida 33027 (954) 985-4102 (954) 987-5940 Fax Primary: MIRservicemail@pbplegal.com mA . Joy Mattingly Florida Bar #17391 ACTIVE: 000343/367755:7392967_l_GSAUVEURBECKER & Huntington aaa partite Park POLIAKOFF Sener Fe 3007 Broward: (954) 985-4102 Miami-Dade / Keys: (305) 260-1021 Palm Beach / Treasure Coast: (561) 820-2887 Fax: (954) 987-5940 Reply To: Gabrietle Sauyeur GSauveur@bplegal.com March 6, 2015 FIRST CLASS UNITED STATES MAIL AND CERTIFIED MAIL # 9214 7969 0099 9790 1600 3191 72 RETURN RECEIPT UESTED Dwayne McCune 551 NW 80th Avenue, Unit 104 Margate, FL 33063 FIRST CLASS UNITED STATES MAIL AND CERTIFIED MAIL # 9214 7969 0099 9790 1600 3192 71 RETURN RECEIPT REQUESTED Dwayne McCune 1413 New Oglesbee Rd Wilmington, OH 45177 Re: Oriole Gardens Condominium Two Association, Inc, / Dwayne MeCune Property Address: 551 NW 80th Avenue, Unit 104 Our File No,; 000343/367755 Dear Dwayne McCune: Please be advised that our firm represents Oriole Gardens Condominium Two Association, Inc. . The Association has advised that the following amounts are currently due on your account. The Association is the creditor to whom the debt is owed. This letter shall serve as the Association’s thirty (30) day notice of intent to record a Claim of Lien against your property unless you pay in full the amounts set forth below: Quarterly Maintenance due 01/01/15 $557.00 Late Fee due 01/15/15 25.00 Interest 17.03 Certified/Registered Mail, Return Receipt Requested 12,96 Legal Fees 210.00 TOTAL $8 ACTIVE: 000343/367755:6803286_1 www.bplegal.com care@bplegal.com Florida New Jersey New York Virginia Washington,DC PragueDwayne McCune March 6, 2015 Page 2 Unless, within thirty days after receipt of this notice, you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. If you notify this Firm in writing within the thirty day period that the debt or any portion thereof is disputed, this Firm will obtain verification of the debt and verification will be mailed to you by this Firm, If, within the thirty day period, you request in writing the address of the Association, this Firm will provide you with the address of the Association. This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose, Please make your check payable to Oriole Gardens Condominium Two Association, Inc, but mail to: Becker & Poliakoff, P.A, K. Joy Mattingly, Esq. Huntington Centre Corporate Park 2901 SW 149th Avenue, Suite 140 Miramar, Florida 33027 Very truly yours, K, Joy Mattingly For the Firm KIM jp ce: Oriole Gardens Condominium Two Association, Inc. ACTIVE: 000343/367755:6803286_1~ aungory suapIeD a[OUO :ZEpo: GGLLOCIEPEOOO “SIS D RECS IE Peer Carat eC Maelia ta roa ae egoce Td ‘erebrew POL 4UN ‘enueAY UI08 MAN SS eungow oukemg © -BL/10“A6I LLS-COT MNS JeploeH : v0 Rr ens = as __ ED0EE qa‘ oretreyy > Wu ‘anton y 08 AN ISS suo] suseM 22 TRTE OOST Ob2b bLOD bike ht2b cnn tl l “YSSLL9E-EVE00O Le0ee Ts HeweA opt owns enueay W6PL MS LOBZ dHeq eyetodiog exueg uoABuRUNY | AAODIVITOdee 296/6rE000 ‘alls * aungoy\j suep1es e}0N0 :28P0D py eaqgsajio mon:ebyb:. oungoy eudemg + SILO ‘AA! LL6-C1O7 Ud Jopicey, UUM ae Career meta cea rey tata SB/SSLL9E-CPEOOD LLISh HO “woyurayt yy © PH 20qS7730 MON ET HT suo] oukeMg 2008E 7S “HOWE, pL euns : anueny UIGPL MS 106z AdOOIVTTOd 9 appa L20€S IASI dIZ WON GAN SLOz- SGuYA 989007000 aBP'OO helm nog md an Aas 2 AY ay cae i SLOPES Destin a 5 % ¢ 7 Meo. oa”ek 3S La dota CERTIFIED MAIL... RECEIPT aR PM eT ELE Cente? EeaaReiece) Postage Cottiied Fee | Return Receipt Fee| Postmark {Endorsement Required) ment Restricted Delivery Fee (Endorsement Required eee TuaPostago Fone] eg Dwayne McCune Sent To 551 NW 80th Avenue, Unit 104 Margate, FL 33063 Street, Apt. No, (or PO Box No, Clty, State, Zips ALLIS Es ae ee eaters IST eee eee ae paw ay UV mee RECEIPT dean LUMO HL ee Tne ice oe ees eae) Tele MIRT OTT TIO Leo Sey Postage | 3048 Certified Fee Return Receipt Fes| A icin Postmark (Endorsement Resuiec) 7 Ese: Restricted Delivery Fee 7 (Endorsement Required) 7 Total Postage & Fees $ seas Dwayne McCune Sent 1443 New Oglesbee Rd Wilmington, OH 45177 SECURED ee eee ea Cio ee 000343/367755 Code2: Oriole Gardens /McCune Code2: Oriole Gardens /McCune File: 000343/367755Mares 113006617 ‘ecorded 05/22/15 03:44: Broward Saunt Commision i Deputy Clark 1,1 Pages. THIS INSTRUMENT PREPARED BY: BECKER & POLIAKOFF, P.A. K, Joy Mattingly, Esq. Huntington Centre Corporate Park 2901 SW 149 Avenue, Suite 140 Miramar, Florida 33027 (954) 985-4102, (954) 987-5940 Fax CLAIM OF LIEN FOR CONDOMINIUM ASSESSMENTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned notary public, personally appeared K, Joy Mattingly, Authorized Agent of Oriole Gardens, Condominium Two Association, Inc. , a Florida corporation, on behalf of the corporation, Affiant took an oath, and is “Cy personally known to me or (__) has produced as identification that Affiant is the Authorized Agent of Oriole Gardens Condominium Two Association, Inc. , whose post office address is 7700 NW Sth Court, Margate, FL 33063-4151, and that pursuant to Section 718.116 of the Florida Statutes as well as the Declaration of Condiminium: XVII, said Association is owed the following amounts for shares of the common expenses: Description Amount Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each. $1,114.00 TOTAL $1,114.00 plus interest at the rate of 18% per annum from the due dates. This Claim of Lien shall also secure all unpaid assessments, interest, costs and attomeys fees which are due and which may accrue subsequent to the date of this Claim of Lien and prior to entry of a final judgment of foreclosure. The Lienor claims this lien on the following described property in Broward County, Florida: Condominium Parcel known as Apartment No, 104 of ORIOLE GARDENS TWO CONDOMINIUM 67, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 5947, Page 848, of the Public Records of Broward County, Florida, A/KI/A: 551 NW 80th Avenue, Unit 104, Margate, FL 33063 the current owners of which are DWAYNE MCCUNE. The amount due to the Lienor remains outstanding as of May 12, 2015. ORIOLE GARDENS CONDOMINIUM TWO ACTIVE: 000343/367755:7055610_174-205734 DECLARATION OF CONDONINIUH or ORIOLE GARDENS ‘THO CONDOMINIUM 67 ORIOLE HOMES CORP., a Florida Corporation (hereinafter referred to as "Developer") hereby states and deciares: 1 + SUIMISSION STATEMENT Developer is the ovner of record of the land hereinafter described in Exhibit A and hereby declares the same to be Condominium Property and docs heroby submit tho same to condominium ownership pursuant to Chapter 711, Plorida Statutes, ‘the Condominium Act. TE = NAME ‘the namo by which this Condominium is to be identified iss ORTOLE GARDENS TWO CONDOMINIUM 67 THE = Lan © 2 Hd 92 435 ty, The legal doseription of the land included and submitted herevith to condominium ownership is described in Exhibit A which is attached hereto und made a part hereof, and ts hore~ after referred to as the "Land", bh IV - EXPLANATION OF TERMENKOLOGY M1 terms shat) have the meaning set forth in the Act and for clarification the following terms have the following meant A. "Oriole Gardens" moans tho multiphasod planned conmunity of condominium residential apartment buildings being developed by Developer upon a portion of Parcel 2 and 6 of Oriole Golf and Tennis Club Section 2 according to the Plat thereof Page 21, of the Public Records of recorded in Plat Nook 78, broward County, Florida.’ Each phase shall be referred to by Arabic Nuneral, i.e, "Criole Gardens Two", etc. B.— “Ortole Gardens Two Condominium" means One of the condoninium apartment buildings at Orlole Gardens Two referred to by an arabic numeral designation, i.c. Oriole Gardens Two Gondoninium 35. ‘THIS INSTRUMENT PREPARED BY HARVEY 6, KOPELOWITZ AUDEN, BURNETT, MeCLOSKY, SCHUSTER SCHNERER P.O, NOX 16 RETURN To. FORT LAUORTOALE, FLA, 29004 rn Order: 000343-367755 Doc: FLBROW:5947-00848 Page 1 of 94 Created By: Mrudula Nt Agreement The Hoard has entered into a Management Agreenont with Oriole G& T Management Corp., a corporation owned and control led hy the Develoner for the purpose of providing for the services, labor, work and materials necessary for the maintonanco and repair of the Condominium Pronerty and for assisting the Roard in carrying out the obligations of the Association contennlated hy the Condoninlua Mocunents, including the obligation of centralized management under the Long Term Lease. In accordance with the terns of the gemoat Agreement, the Roard has empowered and granted to such corporation the rights of access granted and piven fo the heard; the rights of assessments and collection of Conmon Expenses; and all of tho necessary rights and powers to carry out tho functions of the Board. The fee to be pnid to the Management Company under the terns of the Management Agreement is part of the Connon Expenses of this condominium, The Managenent Apreomont is subject to the Act insofar as Its termination is concerned. D. Alterations and Improvenents the Association shall have the riyht to make or cause to ho made structural changes and improvenents of the Common Elements and Limited Connon Elenonts which do not nrejudice the right of any Apartment Owner and any First mortgage unloss his or its written consent has been First obtained, provided the making of such alterations and Improvements is first approved by the loard and which approval shull bo submitted for ratification by the affirmative vote of two-thirds (2/3) of the Apartnont Owners if the cost of the same shall be in Connon Expenses which shall exceed One Thousand Dollars ($1,000.00). The cost of such alterations and Improvements shall be assessed anong the Apartnent Owners therefor proportionately. XVIS = COMMON EXPENSES ASD ASSESSHENTS. A. Duty to pay. Jt is hereby stated to be the express duty of ouch Apartiy Owner to promptly pay his share of the Common Expenses and al] assessments levied by the Board. H, Assessmonts. ossments shall be made and determined in the following 1, The Board shall apnrove an annual budget in advanco for cach fiscal year and such budget shall project the anticinated Gomaon Exnenses for the ensuing fiscal year. 2, AFtor the adoption of a budget and determination of the annual assessments against the Apartment Avners in accordance with the shares of the Common Expenses hereinabove set forth, the Association shall assess such sums hy promptly notifying all owners by delivering or mailing notice thereof at such Owner's most recent address, as shown by the books and records of Association. The unawal assessments are paynble in quarterly installments which shail he due and payable in advance to the Association on the first day of each January, April, duly and October, regardloss of whether or no members are sent or setually receive wrinten notice thereof. In addition, the Association shall have the 698 29% 2599 338 Order: 000343-367755 Doc: FLBROW:5947-00848 Page 12 of 94 Created By: Mrudula N Printed: 07/21/2015 1:power to levy special ussessments against cach Apartment, if necessary, to coveradditional Common Expenses and shall have the power to levy such other special assessments as provided horein, which may or may not be equal per Apartment. 3, The record oxners of cach Apartment shall be personally Liable jointly and severally to the Association for the payment of special as well as regular assessments made hy the Association and for ull costs of collecting delinquent assessments, plus interest and attorneys’ fees as horeltnatter mrovided. In the event assessments are payable in instatiments, the Board may accelerate the remaining installments of the annual axsessnent upon notice thereof to the Apartment Owner whereupon the entire unpaid balance of the annual assessment shall becone duc upon the ilate stated in the notice which shall not be less than ten (10) days after the date of the notice. In the evont any assessment, installment or asscssnont or accelerated assessments are not paid within twenty (29) days after their due date, the Association, through its Board, may procced to enforce und colloct the said assessments against the Apartment Owner owing the samo’ in any manner provided for hy the Act, including the right of foreclosure and sale. 4, The Association may ut any time require Apartment Oxners to muintain a minimum balance on deposit with the Association to cover future assessments. Such deposits shall be proportionate to each Apartwont's interest in the Common Elements. 5. In connection with ussessmonts, the Association shall have all of the powers, rights, privileges, and legal romedios provided for hy the Act, specifically including 4 Mon upon ench Avartment for any unpaid assessments and jnterest thereon ugainst the Apartment Owner of such Apartment, together with roasonable attornoys! fees incurred by the Association incident to the collection of assessments or onforcement of such lien, Assessments and instalinonts thereon not paid when duo shall bear interest from the date when due until paid at the rate of ten (10%) percent per annun, G. It ds specifically acknowledged that the provisions of Section 711.15(4), of the Act, are applicable to this condominium, and further, in the ovent an approved first mortgagee ocbtuins title to an Apartment by voluntary convoyance, such mortgagec, Its successors, and assigns shall not be liable for accrued assessments or Connon Expenses as fully as though the property were acquired by foreclosure as provided by Section Soction 711,15(6), of the Act. a It is specifically acknowledged and provided that the assessment charges sot forth on Exhibit D are in effect for the period ending December 31, 1978_ and are hereinafter referred to as "Interin Assessments" The Intorim Assessments aro ostinates of the charges for items set forth in the Hy-Laws. The Developer guarantoes that during tho period just described the Interim Assessnonts will not be increased and the Pevaloper will pay all Common Expenses not paid for by Interim Assessments, which wre paid for by Apartment Owners other than the Nevcloner. Regular assessments shall be made and determined commencing , with the culendar year January 1, 197 6, and tho: Developer will pay any regular assessments for any of the Apartments ounod by the Developer. 098394 27g 934 - a3) . ‘AUDEN, BARNETY, MeCLODKY, BCHUSTEN @ SCHERER, ATFORNEYS AY LAW, 990 1L.¢, 200) AVENUE, FONT LAUDERDALE, FLOMLOA Order: 000343-367755 Doc: FLBROW:5947-00848 Page 13 of 94 Created By: Mrudula N Printed: 07/21/2015 11:32:55 PM IST ‘XVIEL = INSURANCE The board shalt obtain Iability insurance in such amounts as the Bowrd may determine From time to tine for the purpose of providing liability insurance coverage for the Comaon Elements and the Nenised Parcel. The board shall collect and enforce the naynent of a share of the premiun for such insurance from each Apartment Owner as a part of the Common Exnunses. Said insurance shall incinde but not be limited to, wator damage, lugal Mability, hired automobile, non-owned automobile, and off-pronixes employee coverage. All Habitity insurance shail contain cross Mability endorsement to cover liabilities of the Apartment Qwners as a group to an Apartment Owner. tach Apartmen’ Ovner shall be responsible for the purchasing of liability insurance for necidents oceurring tn hls own Apartment and for the purchasing of insurance for all of his personal proverty. XIX + DESTRUCTION OF IMPROVEMENTS AND GASUALTY INSURANCE The Association shall obtain Fire und ixtended Coverage Insurance and Vandulisn und Malicious Mischiof Insurance, insuring all of the insurable inprovenents within the condoninium including personal property owned by the Association, in and for the intorest of the Association, all Apartment Qwnors and their approved first mortgagoes, as their interest may appoar, in a company acceptable to tho standards sot by the floard, in an amount cqual to the nmaxinun insurable replacemont value as determined annually by the Hoard; the promiuns for such coverage and other oxponsex in connection with sald insurance shall be patd by the Association and charged as part of the Common Expenses. The company or conpanias with whom the Association shall vlace its insurance coverage us provided in this Declaration must be good und responsi2’ companies authorized to do business in the State of Florida. The anproved first mortgageo owning and holding the first recorded mortgage encumboring an Apartment shall have the right for so long as it ovns and holds any mortgage encunboring an Apartnont to approve the policies and the company or companies who are the insurers under the insurance placed by tho Association as horein wrovided and the amount thereof. ‘Tho Association shall have the right to designate the Insurance Trustee, which shall bo a trust company authorized to do business in Florida, and therenfter from tine to tine, the right to change the Insurance Trustee to such other trust company authorized to conduct business in tho State of Florida, or to such other person, firm, or corporation as Insurance Trustee as may bo acceptable to the anproved first mortgagee holding the first recorded mortgaze oncumbering an Apartment. At such tine as the aforesaid approved first mortgagee is not the holdar of a mortyuge on an Apurtnent, then these rights of approval and designation shall pass to the approved First mortgages having the highest dollar indchtednoss on apartments in tho condoniniun property, and in tho absence of the action of said mortgageo the Association shall have said right without qualification. %. Ald policies purchased by the Association shall be for the benefit of the Association, all Anartment Owners and their approved mortgagecs, as their interests may appour, Such policies shall be deposited with tho Insurance Trustec, afore mentioned, ‘who shall first acknowledge that the policies and any proceeds thoreof will be held in accordance with the terms 198298 25 he AUDEN, BARNETT, NECLOSRY. ECHHDTEN @ SCHMERER, ATTORMEYE AT LAW, 900 N/E. 269H AVENUE, FORT LAUBERDALE, FLOINOA Order: 000343-367755 Doc: FLBROW:5947-00848 Page 14 of 94 Created By: MrudulaN Printed: 07/21/2015 11:32:55 PM ISTBECKER & eee eee eae peas nue, Sui POLIAKOFF Miramar, Florida 33027 Broward: (954) 985-4102 Miami-Dade / Keys: (305) 260-1021 Palm Beach / Treasure Coast: (561) 820-2887 Fax: (954) 987-5940 Reply To: Gabrielle Sauveur GSauveur@bplegal.com May 12, 2015 FIRST CLASS UNITED STATES MAIL AND CERTIFIED MAIL # 92147969009997901601610698 RETURN RECEIPT REQUESTED Dwayne McCune 551 NW 80th Avenue, Unit 104 Margate , FL 33063 FIRST CLASS UNITED STATES MAIL AND CERTIFIED MAIL # 92147969009997901601610780 RETURN RECEIPT REQUESTED Dwayne McCune 1413 New Oglesbee Rd Wilmington, OH 45177 Re: Oriole Gardens Condominium Two Association, Inc. / Dwayne McCune Property Address; 551 NW 80th Avenue, Unit 104 Our File No,: 000343/367755 Dear Dwayne McCune: Please be advised that our firm represents Oriole Gardens Condominium Two Association, Inc, . The Association is the creditor to whom the debt is owed. Enclosed is a copy of a Claim of Lien which is being recorded against your property for failure to pay your assessments. This letter shall serve as the Association’s thirty (30) day notice of its intent to file a foreclosure action unless the following amounts are paid in full. Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each $1,114.00 Late Fee due 01/15/15-04/15/15 at $25.00 each 50.00 Interest 45.05 Certified/Registered Mail, Return Receipt Requested 25.92 Cost of Placing and Releasing Lien 20.00 Deed Search 3,25 Legal Fees 700.00 ACTIVE: 000343/367755:7055543_1 www.bplegal.com care@bplegal.com Florida New Jersey New York Virginia Washington,DC PragueDwayne McCune May 12, 2015 Page 2 TOTAL $1,958.22 This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. If payment in full is received, a Satisfaction of Claim of Lien will be recorded and mailed to you. Please make your check payable to Oriole Gardens Condominium Two Association, Inc. but mail to: Becker & Poliakoff, P.A. K, Joy Mattingly, Esq. Huntington Centre Corporate Park 2901 SW 149th Avenue, Suite 140 Miramar, Florida 33027 Very truly yours, ea aie K, Joy Mattingly For the Firm KIM jp Enclosure ce: Oriole Gardens Condominium Two Association, Inc. ACTIVE; 000343/367755:7055543_1THIS INSTRUMENT PREPARED BY: BECKER & POLIAKOFF, P.A. K. Joy Mattingly, Esq. Huntington Centre Corporate Park. 2901 SW 149 Avenue, Suite 140 Miramar, Florida 33027 (954) 985-4102 (954) 987-5940 Fax CLAIM OF LIEN FOR CONDOMINIUM ASSESSMENTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned notary public, personally appeared K, Joy Mattingly, Authorized Agent of Oriole Gardens Condominium Two Association, Inc, , a Florida corporation, on behalf of the corporation. Affiant took an oath, and is cy personally known to me or (__) has produced as identification that Affiant is the Authorized Agent of Oriole Gardens Condominium Two Association, Inc. , whose post office address is 7700 NW Sth Court, Margate, FL 33063-4151, and that pursuant to Section 718.116 of the Florida Statutes as well as the Declaration of Condiminium: XVII, said Association is owed the following amounts for shares of the common expenses: Description Amount Quarterly Maintenance due 01/01/15-04/01/15 at $557.00 each $1,114.00 TOTAL $1,114.00 plus interest at the rate of 18% per annum from the due dates, This Claim of Lien shall also secure all unpaid assessments, interest, costs and attorneys fees which are due and which may accrue subsequent to the date of this Claim of Lien and prior to entry of a final judgment of foreclosure, The Lienor claims this lien on the following describéd property in Broward County, Florida: Condominium Parcel known as Apartment No, 104 of ORIOLE GARDENS TWO CONDOMINIUM 67, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 5947, Page 848, of the Public Records of Broward County, Florida. A/K/A: 551 NW 80th Avenue, Unit 104, Margate, FL 33063 the current owners of which are DWAYNE MCCUNE. ‘The amount due to the Lienor remains outstanding as of May 12, 2015. ORIOLE GARDENS CONDOMINIUM TWO. BY: ACTIVE: 000343/367755:7055610_1mie MUMIA Huntington Centre Corporate Park Satesa0 4224 75369 0059 9790 LE02 Ob 38 Miramar, FL 33027 ‘ Dwayne McCune ~o 551 NW 80th Avenue, Unit 104 “- Margate , FL 33063 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD Pau “BC: 33927415248 +97 95-25 133-18 SSSEELE ESS alia hay PONT BET ISS gs