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¥* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/31/2013 9:35:46 AM.****
Case Number: CACE-13-028108 Division: 05
Filing # 8693421 Electronically Filed 12/31/2013 09:35:55 AM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
IVANHOE EAST AT CENTURY VILLAGE
CONDOMINIUM #I ASSOCIATION, INC., GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.
vs.
EMMA GARCIA, CARLOS GARCIA, and
MARCO LAPARRA,
Defendants,
/
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
Plaintiff 'VANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #1
ASSOCIATION, INC. (hereinafter referred to as the “ASSOCIATION”), by and through its
undersigned attorneys, sues Defendants EMMA GARCIA and CARLOS GARCIA (hereinafter
referred to as “OWNERS”) and MARCO LAPARRA (hereinafter referred to as “UNAPPROVED
OCCUPANT”), and would state as follows:
1. This is an action for injunctive 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.
2. 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.
3. OWNERS are the owners of real property described as follows:
CONDOMINIUM UNIT 412, BUILDING U, OF IVANHOE EAST AT CENTURY
VILLAGE CONDOMINIUM #1, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL
RECORDS BOOK 18452, AT PAGE 205, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, a/k/a 13000 S.W. 15" Court, #U-412, Pembroke
Pines, Florida 33027,
OWNERS are residents of Broward County, Florida, and OWNERS are in all respects sui juris.4. UNAPPROVED OCCUPANT is a resident of Broward County, Florida, and
UNAPPROVED OCCUPANT is in all respects sui juris.
5. The subject real property is governed by and subject to the terms and conditions of
the Declaration of Condominium of Ivanhoe East at Century Village Condominium #L, a
condominium, as recorded in Official Records Book 18452, at Page 205, of the Public Records of
Broward County, Florida, as well as the Bylaws, Articles of Incorporation, and Rules and
Regulations of the ASSOCIATION (collectively referred to hereinafter as the “Documents”) which
are also recorded in the Public Records of Broward County, Florida.
6. OWNERS became the owners of the subject real property on or about January 12,
2004, by virtue of a Warranty Deed recorded on January 15, 2004, in Official Records Book 36763,
at Page 736, of the Public Records of Broward County, Florida.
7. OWNERS, by virtue of their ownership of the subject real property, became bound
by and are obligated to comply with the terms, conditions, provisions, and covenants contained
within the Documents.
8. UNAPPROVED OCCUPANT, by virtue of his residency at the subject real property,
became bound by and is obligated to comply with the terms, conditions, provisions, and covenants
contained within the Documents.
9. Article 12 of the Declaration of Condominium provides that anyone who “. . .shall
acquire his. . right to occupy. . .the continuance of his . . . occupancy of the Unit shall be subject to
the approval of the Association.” Article 12 further provides that in order to receive the approval of
ASSOCIATION, an occupant must complete an application for approval, appear for a screening, and
teceive the written approval of ASSOCIATION. Finally, the Article provides that if
ASSOCIATION does not grant such written approval, then occupancy shall not be taken, and any
such unauthorized transfer of an occupancy interest is void. A copy of the Article is appended heretoas Exhibit “A”.
10. UNAPPOVED OCCUPANT is in violation of the Documents described in
paragraphs 9 hereinabove by virtue of the fact that he began occupancy at the subject real property
without receiving the prior written approval of the ASSOCIATION.
li. OWNERS are in violation of the Documents described in paragraphs 9 hereinabove
by virtue of the fact that they have permitted UNAPPROVED OCCUPANT to occupy the subject
real property without receiving the prior written approval of the ASSOCIATION.
12. The ASSOCIATION has made written requests of OWNERS, directed at the address
provided by OWNERS and on file with the ASSOCIATION, as well as forwarding a copy to
UNAPPROVED OCCUPANT, to rectify the situation and demanding that Defendants comply with
the Documents; however, the actions and behavior and situation described hereinabove continues,
and Defendants have willfully and deliberately not complied with the ASSOCIATION’s proper
requests and demands. Specifically, the ASSOCIATION demanded compliance in letter to
OWNERS, copied to UNAPPROVED OCCUPANT, dated September 5, 2013, and October 2, 2013,
respectively, but Defendants have failed to comply with the ASSOCIATION’s demands. Copies of
the letters are appended hereto as Exhibits “B” and “C”.
13. Pursuant to Florida Statute §718.303, Article 21 of the Declaration of Condominium,
and otherwise, the ASSOCIATION has the right to bring this action and is entitled to have
UNAPPROVED OCCUPANT removed from residence at the subject real property. A copy of the
Declaration Article is appended hereto as Exhibit “D”.
14. All conditions precedent to the institution and maintenance of this action have
occurred, have been performed, or have been waived.
15. Pursuant to Florida Statute §718.303, Article 21 of the Declaration of Condominium,
and otherwise, Defendants are required to pay the reasonable attorneys’ fees and expenses oflitigation incurred by the ASSOCIATION in prosecuting this action.
16. | The ASSOCIATION has been required to retain the services of its undersigned
counsel to prosecute this action, it has obligated itself to pay a reasonable fee for such services, and it
is entitled to recover said fee from Defendants as set forth in paragraph 15, hereinabove.
WHEREFORE, Plaintiff WANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #1
ASSOCIATION, INC., demands judgment in its favor and against Defendants EMMA GARCIA,
CARLOS GARCIA, and MARCO LAPARRA, which:
a. Requires OWNERS to remove UNAPPROVED OCCUPANT from residency at the
subject real property;
b. Requires UNAPPROVED OCCUPANT to vacate the subject real property;
c. Enjoins Defendants from violating the Documents as set forth above and requires
Defendants to comply at all times in the future with the Documents;
d. Requires Defendants to reimburse the ASSOCIATION for the reasonable attorneys’
fees, costs, and other expenses of litigation which it has incurred in this matter; and
e. Grants the ASSOCIATION such further relief in its favor as the Court deems just and
proper.
Respectfully submitted this 224ay of December, 2013.
CHARLES F. OTTO, ESQ.
Fla. Bar No. 55591
STRALEY & OTTO, P.A.
Attorneys for the ASSOCIATION
2699 Stirling Road, Suite C-207
Fort Lauderdale, Florida 33312
Telephone: 954/962-7367
Facsimile: 954/962-7423
Primary e-mail: attomey@straleyottopa.com
Secondary e-mail: cfo@straleyottopa.com
Sccondary e-mail: jspotts@straleyottopa.comuaiitions aa rai Te nis pelt, oF Spetrafuse. te, te rized, OF
Etvs the 2 fae m, damoge fo, Sop Common, Pipaantae eo Pica, tell
wERb the provisions her: al
= 10, Ante iA: pt coment: yf
any deame eaten ICED, ts We reopens eeacbanan aay Br | i
“tae ch faPuranes
s in
asurance ‘maintained by the ociat
Trust efeae ape
° add ee ured. for the purpose of
cecsivea Wy By abtonietiog, or sae Tnguranc
oon Yo pay nil OF tue costa Checeo! thal oS times ihe “Moust of the neurance
ithottty hevien ‘ge eassoaes ay <2 eee pti ring
sae cae eek yd i a ae oe ae
Gena toance Eayeube “by” the Be ata Ee
oo ston
onset on co a aicunbremee ‘She sane
extent oe hots hich tax ‘oh or spect Lacovenent, hea Deen vaeparkedh i: ‘by “the
fash upon each uni
CSD Ss eh As arte eee mt
24,2, ar sistent AGAINST THE CONDOMINIUM UNIT. Fach Unit Omer shal pay,
prior to delinquency, all Taxes and/or Special Aswossmiits asseseed agaizat the Unit.
1 MALNTEMICE OF ce nS ane to maintals a Spimmensty, of
SeEseatel rer igemes olbaislum Peopertys cea oa ‘nrd nortgaging of Unite
3 i ts nore
Heche Gpoasor shati Bo subject to the fol2oring Brovieicas!
‘12.1 TRANSFERS SUBJECT TO APPROVAL.
Unit Owne @iapose of Unit inte:
unit, by sale Ss otherwise, without spproves 3 she fine ‘by the Association
swat oe NOSES, ee "pe
at in a
(>) LEASE. No Unit Owner mi
eit Jeeye without, oval of the le: oe ae a
nade fo a Egreo (25. month “comactl ive period or shall any trans!
jtians be provide
Gite it shall a ire ds it gitie or rit
gifts, ge goutlauntcs nuance of eB okae fehip or occupancy of oF AEST pe" scben
£4 SE OR IKHERITANCE. 1f ony Tait Owes, abeld gomuins Ris sitio
by devise or rivanee the conpiayance of a evnership ‘Unit sbali be
subject to the baile of the Association.
at 0 amma TESTE aay Ue OR nequire Me iste or the
zal vce oy, 5 ‘amex consaderea in the forages ‘tons,
i ‘Shall be rr ject to the
roves of one Sot et 5
SITR TO ASSOCIATION APPROVAL. Prior to the Ansooiation
woueidast yee the tganetee of any interest (in, ¢ Unit, a8 nereinabove
Eontenpiated a 'ghls section, che Agsocjstion shall opeain tron, che person requce
such 3} hate 9p1 teation and aubait & t for the propo
to become Occupants” 12 acco! ce with the voms and
ph 10" of | the Deciaration of Comunity, Restrietions. the
A ‘approved. Occupant”
eoupants .
1089 ff saia Pa Fheogeene 4p of the Destaration of ey
Be: then gtdon shell ica approval precerg oo herednaiear
sat cei in this aticlee a ong. jcoonaae che peopeaee ‘accupants of the lt do mot
raced: iL to be “Approves upants' the asrocistiton bat Be not : sonsdcar
Mat to Mey Ea the SoS oseupante ‘be permitted mney
FAIR HOUSING AMENDMENTS OF 4908, In accordance with Saction
3 0f ee neclb ation of Community Hastrietions gor century Vil ‘Perbroxe Pines,
Flori the son shall de Fequirea to provide, to Plues Noster Kansganent
Ine aap ‘the Mt Management Agroomon ‘dn effect, and thereafter the
£5 Ube Nentas MeeegeTe rhe Association, Tae, (vbich entities are
sed to os “Master Pirns'}, or ony other entitign designated by, Che
at
fs 7 1
a to oa to. any” trans
feociation by "the “groposed, traateres poreunat to E
uaderteke unauthorised
bie lilt
un article 12 aud
Association shal * retain ‘all Gocuments and Go relating to its
of a proposad transferee.
APPROVAL BY ASSOCIATION, e Association the is
eequirel’ x “She teanadoe of all er part ef ET of vats tati'be obtained ia
the following mennert
900718
ussscvons3cre
ews
Deseription: Broward,FL Document-Book.Page 18452. 205 P: &
Order: ACT IVANHOE Comment: a meee
H a See
PagesBotict fo arsocrarrom.
A, Unie Ovner intendil “Bona fide", sale of I
‘Usll 7
dig, Vale, shall give, Oe Es, ‘Agrociation notice of sack in Ee " yee with suc
oti a oh Serapie Soar may one
1° "1 \y
Riscetas ton eu a te. pat "he fipreted te bapehasee
Se me notch hail
fragt of sale and i. |
' 7 LENSE. A Ustt, oer ztanding $2 make 2 choos, fide lente
Bis entire Unit Rapes if Such intention, together
He Brie ete sae ear are ee ee
substitute J ynay be mace a hecetotite a 7
£3) GHEE PEVIER A bait Owner
who bas obtained dy gift. devite or Snheritance, ocho RAnaer 08
Previously’ comaid ced, oll Bow. 23 ete (geuek Oe Seoteaer with
ngommation yates. require tnd = Copy
Seo the dnoteunece oulsunclig tha onsar'n title. ae
AIWURE TO GIVE, NOTICE. If te required, sotton, to tbe
tse pot, iti hatte oF the,
tine afi art
daragaain my
Tang or Baraersion, ce “sake, the te nessa
ie 2a sd lei ‘trang oF buastenip, the efatien aiait eoteed a2 ie tt Bd
Secedees the reyelced sotica on the Bate’ of tach Giaaypca ”
‘BOHA FIDE OFFER. “bona fide" offer 3 used herein ahall
mean ffer in wri! ‘Bindi: re4 Me Sistag address
ee er B0_nnem he, Reto Ea sgacetOe, Tee mane See ce seek
the real in dates
Fel EoRoBeG Sedge dr sale aad acenepaniad by kn earsent money deposie in current 2
(b) CERTIFICATE OF APPROVAL,
t
ai iting of if
gai. be, Bacag poh tne aungdeton, thas, tha Era rans atersz pay co the enc Pcorttethag
Ene Enve: Pie vegording of fhe approval shalt be deemed
ae a ae a pelt. the ‘eng shal be ested ‘see delinquent
proof that
Comnon expense. ie ieee tease 7
tbe re bie is sale or
ease, then within’ a a0} Seprrvaccor wupelperae ‘auch notice aad, let; rane
anager’ or lessee, (Anclutiag roe cq character and
comosraing the proposed purt sponges.
. financial A i nay
I a or Saupprive Gon prepoase, eroamactioy, i the trarsection ta a anle or
du accordance with
‘ha
An the avmt,of a’ sale, “shall be recorded, ‘expense “of a
gegording the 208, in the Public Records az an attachment to the instrutext
yaveyence, The Jpabia ity, of the Unit Quer under the mms of
Shall’ costinuc notwithstanding the eect that the Unie may have hoon eased.
(a) oF OTHER TRANSFERS. TE the Uait
' Owser giving notice bas Atle or occupancy by dnberitence
| or in iF aanoeT, within ehivey (30) dove acter ecaipt of, such, notice
Eneorat{on, reunited, te be furnished ing’ such owner, ‘tho Association must
secupe SPE Ea Tait TE Mpprevede. the approvel stinil be steted in a eareizicare
o1 e appr pC
ie oF ee assoc sspelatlen BePiteraaace: wfen, the ook the Aasoedacion, “eae
of thereto as Exhibit A, and which zeal be recorded the
inecende of Sroward Coutyy fhoride, an hereinabove provided.
12.3, DISAPVROTAL OF ASSOCIATION, | If, the, Association ehelt , Aisapprove |
transfer of ownership-or -the leasing of a Unit. -the-matter shall he disposed of.in
the following manner®
(#) ND BBQUEST FOR eS x, to transaction is not
Uait Ovser hag made ath» substitate, purchase 7
ee, lation shal? washiver oe mes ote 83 rpval eaerecee ia
accordance, with the y-tows of vocation and the transaction elveil “not ba
Re
el ane La
aes If ose
quest ro fog aubatituce bas bes maoey ene
red maid, to the Unit Ower a bona fide
SS sociation a dors “easter: by ail.
scaiation a
Qgreereat. to purchase of isese ya fae ier & purchaser or lessce approve: the
Associ fon who wilh rane ae Tenee aud to Shoe the Gale Owes mate Ll or lease
the Unit upon the following terme?
Q) the peti paid and the terms of payment shall be that
stated im the disapproved cle ee sel or dense: Peer
(2), She sale shal] be cloved wi
2 gailing of the .
Sebigery op phdioy of He ogreemans Eo purohese.
jt take effect as of
eser or
r
hel} fot1 to provide
doa of uP nde Grace Sa the mauser provides, or If ies
o> }gaaee ypon, the
x rniahed, by the Association shall default in
iongs then, sotwitheranaing che disapproval, Proposed ‘trenpection 3
to have Been approved as elsewhere et
ir ts OTHER TB) ay ‘TE the ee Ovner
bas acquires Sls eltheby gute, devise or interitance, ae ‘ther ao
approved, the Assockation, Loma ap)! yer opvaal br vealatatee
Ge the aaepsleeion elon ate vwlin parchare end to Purchase, ‘TRie Owned muse seit the Unie Upos
F
i
a qihdrty (20) days. after the
J
900305,
| dssecroisscr9
Description: Broward,FL Document-Book.Page 18452.205 Page: 9 of 105
Order: ACT IVANHOE Comment:|! eS SST i il
,
Sreement. betes
Heamteed vr a ee ag sand nce
SE yReE TES" coubeac nS aucchass ana Sale? at the made tas
(2) The purchase price shall be paid in cash.
gontract shall be the form of the Stands Deposit
Receipt and Contract Por Eels Su Turchase then in'usy in Broward County. Ploriéee
TE the Asrociation shod fail to provide. a, gurcheser
red beretay oF. { furalshed By a“adfanit ia Bie
Somers, Mereiay ord 8 Peas of peregeepe i23 tb) ta) ama apply
| the dataraination ofthe soles tice:
| (Beat iP dba ~ fo GEE A BPC BY So iaet espe
AE, the co) 20)
and Association may purchase es set
woatease. tuts age or any, & tarela,
mithous the MORROAE: « 7, Oath om ae rele at Taste Satya ersece tothe
lane ert & to an ent » Sponsor, ox to & Venter
Bathe RIPEN “ox” aL? be the Pals a reels, e that Se any
events, “eaeeintton ‘ext Lessor Tie) ond have ‘the price eight ef
Hiiltve of'"s. coutalce with the’ ter sees re fla Teantgate
granted “meta ‘the terms thereof are acceptable to Assothacios eae at
applicable).
aeeZsS, DEFEETIONS: PROVISO. | he, torepoton, ¥ provisions of thia fection entiti
to, OF purchase
pelt, f°, a A eh
mes eet asticutionsl Ho het resplt of a
Wevtgegor in Slew of foreclosure or ehrough foreci|
a (Are iTHOVIS®. After an Institubloual Noctgages acquires, title, te os
povided, “suck Tasticutioual Mo shell be te
SEMog*Chs Sroviotons oe kis anstrament : eam —-
eeteos ofthe REMS:, SROUIE say purchaose acquire title, to a Unie, at a, duty
erase ate deer oti kre ts ition of open ‘tna’ waa be Fgoveroed BY
Peeagragh Ta bor ent al of the provisions of this nserummne.
22:8, gopoown emons. Tt shall be the a ternnst
of, Tale to tennsier te transferee RPC catatintan “Docnsnts
Seiglaaity Broviees to cate sranetarce. ‘Fotw: tate tts Paragraph 22,6, the
amjferee shall be bound the tarms of those instruments ‘hough the
Urauderer has fatied to comply necewith,
12.7 ‘ZED TBARSACTI¢ sale, lens yt authorised
peenant to foe provisipua of this velarbefon. anal be vod unless subsequently
Epproved by the ASsacistion and Lessor (if applicable) «
12.8 PROVISO. Wo certificate of al shall bo ismued by the Association,
Ente: parsgreph. Ay and se lawss ustit, alt oie’ dae Ap tae Oak
the
PETATEERD Mgt the Casha aureanaue (1f appricabie),
wc Mamayenout Agresméat are current and pala.
32,9 [IMPPLICADILINE To LESSOR, SPONSOR oF MAIAGHMONT FID, owe, of, the
_provis this Foragrepn if ani apply So cany Unit ovand; initially or
ent, abeiy Be etry “gubsidiary of Lessor Spenser oF 3 ect fume ena aod
faa‘ as thay’ deen Fit except Sponsor shall ae De
* haat cane of oie S pactacatiour the Articles of incorporation, oF
3 7
Erie, o nz, a0ch dociment valch pply to 411 other Omers oF Gales snd vhieh
pareala to any of eioray
ta) requirements that leases or lessees be approved by the Associations
" ¢b) restrictions on the presence of potas
| (c) restrietions on occupancy of Units based on age;
reatrietions: On of vehicles so yewed |
7,
oy tha type to
onintn, Feoperty elation Propafey? oo the,
Scetomwess shad he ve e signe 29 be. exinpt Bor 2 gay ‘puch parktag g senegigtton it the
2, “msiatenancs,
marketing of Tarte se buck SLageeteel Fee an’ ung’Gonsootalua Dogunsntss
Beet ft
12,20 INTER-FAMILY TRANSFDAS, | Hone of the provisions of this Paragraph 12
ghala apply to a transfer betvees Joint or. Yesrtan ‘Of emong spouse:
familias whore the grantee iz not to imealcte possngsion (i
deed, Joint tenancy With children, oti hal.
SSE" acy provicusiy uiapproved party takes possession of & welts
FesuBACE The tan watch hata, be purcha ined
~ Be ene Dauedie of the Gondoninten ELS pores + iar
pursuan
mesos. this
sad Sage “ee ‘tne
et
aseg Py
saith tae tate Be Seat Een hott! respective reat a3?
we, shall provide £c ‘issuance of ae et inn
lorgements: ee ora jl of the ae
eights or" REroE agbess te tae “association and
coversg
rspocvors3cr 10
900301
.
Description: Broward,Fl. Document-Book, Page 18452.205 Page: 10 of 105
Order: ACT IVANHOE Comment:
prdgn shalt, be che fair market value cazeraiee’ by
or, Be
shall be closed within thirty (30) days followiag
tI cathe a
Lg
“EXHIBIT
ie
of
A
pages: Si RALEY & OTTO, PA.
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN J. STRALEY KEVIN G, PETERS
PARTNER ASSOCIATE
CHARLES F. OTTO BRIAN T. MEANLEY
PARTNER ASSOCIATE
September 5, 2013
Ms. Emma Garcia and
Mr. Carlos Garcia VIA CERTIFIED AND
13000 8. W. 15" Court, #U-412 REGULAR U.S. MAIL
Pembroke Pines, Florida 33027
RE: — Ivanhoe East at Century Village Condominium #I Association, Inc.
Restrictive covenant violation—Unit U-412
Property address: 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027
Dear Ms. and Mr. Garcia:
Please be advised that this office represents Ivanhoe East at Century Village Condominium #1
Association, Inc., as general counsel. In such capacity, the Association’s Board of Directors has
contacted me regarding the continuing restrictive covenant violations at your condominium unit.
First, and as you should be aware, Carlos Garcia’s residency at your condominium unit is in
violation of the governing documents of the Association. As you are aware, all occupants must
be approved for residency by the Association in the manner provided in its governing documents,
In this case, Mr. Garcia has failed to submit a completed application for occupancy, has failed to
pay the screening fee, and has failed to arrange for and appear at a screening. The failure to meet
these requirements constitutes a violation of the Association governing documents, and the
violation must be corrected at once.
Second, it has been reported to the Board of Directors that Mr. Garcia has been violating several
of the rules and regulations governing the community. He has been observed dumping
construction and other contractor-materials at the community’s dumpster. Further, activities at
the condominium unit have caused police to be at present at your unit and in the community.
Finally, it has been reported that Mr. Garcia has been observed at the community's pool engaging
in illegal activities. The situation clearly constitutes, at best, a nuisance at the property and, at
B
22 pages
worst, illegal activity at the property, and Mr. Garcia's actions are breaching the other —
condominium residents’ entitlement to the peaceful, quiet enjoyment of their condominium units —
and the condominium property. These violations, too, must be corrected at once. 4 ca ‘sS
ake
Therefore, final demand is hereby made for you to correct these violations by no later than >< an
September 19, 2013. In particular, Carlos Garcia and any and all persons (other than Emma Heed
2699 StIRLING RoaD * Surre C-207 * HOLLywoop-FT. LAUDERDALE, FLORIDA 33312
BROWARD PHONE: (954) 962-7367 # BROWARD FAX; (954) 962-7423 * Dane PHONE: (305) 893-0566 * Dane Fax: (305) 893-4326
EMAIL - INFO@STRALEYOTTOPA.cOM * WensITE - STRALEYOTIOPA.COM
ADDITIONAL LOCATIONS ® NorrH MIAMI ® BLUE LAGOON DRIVE IN MIAMI © ATRIUM PLAZA IN Boca RATONPage 2 of 2
Garcia) must be permanently removed from residency at your condominium unit. Further, and
by such time, you must ensure that all other rule and regulation violations listed above
permanently cease. Upon compliance with these demands, you must forward a letter to this
office indicating that you have done so. However, in the event you fail to comply with these
demands within the time set forth, the Association will have no alternative but to file a legal
action against you, without further notice, to obtain injunctive relief requiring the removal of
Carlos Garcia and other occupants/residents from your unit (other than Emma Garcia).
Additionally, please be aware that, should legal action become necessary, you will be responsible
for the attorneys’ fees and costs incurred by the Association in enforcing the provisions of its
governing documents.
Please govern yourselves accordingly.
“?
“~C{IARLES F. OTTO, ESQ.
CFOjs
ec: Ivanhoe East at Century Village Condominium #1 Association, Inc.
Tenants/Occupants, 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027
EXHIBIT _b
_A of Bete pagesmer
STRALEY & OTTO, P.A.
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN J. STRALEY KEVIN G. PETERS
PARTNER ASSOCIATE:
CHARLES FE. OTTO BRIAN T. MEANLEY
PARTNER ASSOCIATE
October 2, 2013
Ms. Emma Garcia and
Mr. Carlos Garcia VIA CERTIFIED AND
13000 S.W. 15” Court, #U-412 REGULAR U.S. MAIL
Pembroke Pines, Florida 33027
RE: Ivanhoe East at Century Village Condominium #1 Association, Inc.
Restrictive covenant violation—Unit U-412
Property address: 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027
Dear Ms, and Mr, Garcia:
As you will recall, this office represents Ivanhoe East at Century Village Condominium #I Association,
Inc., as general counsel. Previously, you had received a letter from me, dated September 5, 2013, noting
violations at your condominium unit and demanding that they be cured. In response, Mr. Garcia
contacted my client’s officers and indicated that Marco Laparra will vacate the unit, but he did not
specify a timeframe. My client’s timeframe deadline for Mr. Laparra’s removal from the unit was
September 19, 2013, but to date, he still remains at the unit and in the community. As such, and
inasmuch as Mr. Garcia indicated a willingness to resolve the matter, my client has agreed to give you
one last opportunity to resolve the matter before suit is filed. By no later than October 16, 2013, Marco
Laparra must vacate or be permanently removed from residency at your condominium unit. Further, all
other rule and regulation violations set forth in my September 5, 2013, letter must immediately and
permanently cease. All violations have been corrected, you must forward a letter to this office indicating
that you have done so. However, in the event you fail to comply with these demands by October 16,
2013, the Association will have no alternative but to immediately file suit. As indicated earlier, should
legal action become necessary, you will be responsible for the attorneys’ fees and costs incurred by the
Association in enforcing the provisions of its governing documents.
[Please note that, inasmuch as this matter has been referred to this office, any correspondence with my
client must be through this office. You may not contact my client’s officers, Board members, nor
community association manager, directly, regarding this matter.]
‘ovides:
PLEASE GOVE!
YOURSELVES ACCORDINGLY! ;
ae for your mailpiece
fe
pee EXHIBIT _( sano
1132
tl ONLY be combiner
7 Pages jotavallable for any
= COVERAGE IS |
CFO/js yeonsider Insured or
cc: _ Ivanhoe East at Century Village Condominium #1 Association, Inc. {toe eee
4
Marco Laparra and tenants/occupants, 13000 S.W. 15" Ct., #U-412, Pembroke Pines, FL 33027 Frac treet
nrecsigt, &
c :
ral fee, dalivery, me
horized agent. Advis'
tesiricte livery”.
2699 STIRLING ROAD ¢ SUITE C-207 * HOLLYwoop-F¥. LAUDERDALE, FLORIDA 33312 ‘the Certified Mail
office for postmark’
BROWARD PHONE: (954) 962-7367 * Browab Fax: (954) 962-7423 * Dabs PHONE: (305) 893-0566 ® DaDe FAX: (305) 893-4326 rede detzon and a
Emai. - INFO@STRALEYOTTOPA.COM * WesstTE - STRALEYOTTOPA.COM ve this receipt and
ADDITIONAL LOCATIONS * NORTH MIAMI © B1LUE LAGOON DRiVE IN MIAM # ATRIUM PLAZA IN Boca RATON ‘512006 (Aevarse) PSN
ac‘
from Sponsor, each Unit Owwe~ shail #: gute the, Masts. dasagenene Mgueement
daretores Eahihie 6 forthe x Te tiskeeanes, rte
cperstion of the" Tscvicks end ot isthes! fens
eee ees eluding Sagether “ie coats,
faing Eps iy euiowaste in actions
doples of depositions, noe at
| feEisiisg From without “Brower. County tor the
edgar azpent witaantes) fone far, cestitying
tonal . ene che
Eouection wich “ais Meciatteton foe gis ‘euch Resedachy en
tet resence of witnessed jomition o1 trial whet
om SYcaene helt ad aly appear or be auea upon to testify.
failure of ana Firms, ba: 5 a i}
21.3) HO WAIVER,
enforce an) mnt, 01 te ‘Of condition sreal
apart AM Alte Sekt Pareto Sid ly tors rat
it, provision, covenant or c: ditto 3 ‘in the future.
214 RIGHTS COMLATIVE. Al1 righte, readies and peivtlages, gran granted to
ation, Fire, 8 Lessor. oc Unit
MECCEtbas oe Chis Declaration Fheil be deemed to be cuniative and be exabolae oF
LegNC/O193Cr19 900302
"Description: Broward,FL. Document-Book.Page 18452.205 Page: 19 of 105 EXH 1 BIT saat peas
Order: ACT IVANHOE Comment:
i of AX_ pagesfo oquatitute an election of remedies, nor shall
EB other and
a
the
re, thal 20e be deaned, to
preciuce the ‘party ‘thus’ exercising the. same ‘fron exe:
jen, oF priviiegat 8x be cdtag big ‘to
brovght pur
e
atadbional
oe ios Uate Genet agreas (in any procea ant to
sane on ‘theory of “slection of
Sith Bavect mot to plead or def
Freeales
21,8 VEMUEy WAIVER OF TRAIL BY JURY. Every Unit a ie and Bll :
sna TR Bl ie eae ol No
SFSULt Co ci ch adh sale » Hi
idtea. states ‘Distric pays bate a otide, an ‘cha wane i, Sor :
che successor 2 he ieourte
ma to aerial by the court without = |
| gi — agape a uae sree
for i. socerse += oF Of service 9 PS a ah
mod SHE She be applicedie to the “Epomscr, Lelsse
terns
7 _LBABEE the event of any default +401 f the
and ions Of the Pn elit eae ee SEE ecbeda pestien sual be as
provided dn the Lease Agroenent
22, MIRERLLAMEOUS RIGHTS OF EPONEOR.
Board ob the Gascakaton ‘halt De reguirad eo te rata! ie
mt contract, lease
Hasogeaent rian and ese Aetoctegion 38 S ae ar, ener,
nav ection ere ‘other interest," Spousor,
Aagetiet joa, atau! toe De raghired tor Sloquality fi ‘in Gky wots wich
the’ wanberabip iteostatiog
beter. gatter where” eSor; ni cesor or Mansgement xm
Fry ‘shal condict oe thereat Be couse e oe partial
savaliad matter vo! ich vote was necessary
2
Yor the edoption: Fatitication: oF execution of the
22,2 RIGHT TO USE YACILITIES. Notwiths sos provisions of thi
Desiaratica 6 the, contra a - ails Deve the ght eo Gee nnd occupy any
Exénont
on soaigueds or eho “purpoas ote sales oaks fy bay other
has tate ‘via: ‘eh
to the use ek then ra postriotlons i cater ogre the
ct,
‘of this oes or Bxhtl tached hereto, except 2 not
Eeheake of chit Dactarstion, the ‘kctioles. of a Thcorporation,
or, Shey eee, tne. "aay such docunest, ‘whlch apply to ail other owsers or anil
hidh pertain to aay of the followings
(a) requirements that leases or lessees be ‘approved by the association)
(b) restrictions on the presence of pete?
(c) restrictions on more of units based on age:
ving oa
Eoin “toy wate upon
E @ strictions on type of naehighes arlowed
minion peo ie oF fasecintion, cbr s oper us
egssh ge tO ‘from any ‘parklag ‘beset Zion! Ye the
isting “te “cousteucrice, “maintenance, OF
Se 3,3
thiols a rit
Miisthag ‘ot = cers oa er sed laa 1s provided im the condominium documents.
“23. MORICHES. Whenever notices are required to be sent hereunder, the samo
bo" delivered te—Ualt: Owmars, either per ot. by, matic sot, ‘thade place
i Sepiepees a, Se Comtonlnen,, Gotterse se ay favesteetge ove, on Sears
or 18 Bear ence,
i Ghon to the President of the. Association. see © sr
i otices to the Sponso: 2 be made 1 to Sponi tr Adminiatratic
i ‘Building, ‘Sane ‘10th Bt., "Peabeoks Pineae Pilor: <* ‘a0ab. er anton
i
| oC MSTRUSTION Az of the proviasons Declaration shall be construed
I Bes rdance ‘Ene awa of the Beate of ibe nt “his construction shall ‘govern
! all matters, including matters of substantive end procedural lav.
: the contr ess to, have been, in ip the
ude the singaptead words in’ the tinguinr jonoal| pga EY
neuter
23
ra) wine anal ioea angele
ie 2 fhe ale otader shall include he tense gender and
NZZO9d75 40 Law
caPaTONs. The to erage £ this Antopded
Fee ees ae ee eee tee Maeda oh be eh2\ inclusive ae co “Eh
wepbs or considered in conection with the construction "St ay
i in such
Sees provisions whee Declaration.
SEVERABILLET 5 a torm of provi: Hh of this Declaration. or the
sppaserbbon thereat ay! pecaan oF Eivcunatance, onal, to any extent, be
7 De invalia offusgnigrcesble, the reneinder of thts Buclaration, ‘or the
whic auch eine oe oa ‘Swett se rer donerarat fe be cifected thereby
cae rade vot stinn of tela Declaration shail be valid and encorceabie
filsese extent permitted By ies
28 FEMA REQUIREMENTS. Leta pasese to the Ass clatio , identi fyis
ang address Of the Zascieutioaal Lend einsurer,, oF, guar Or’ chereot tec! the
h Unit number or edd: ‘ay auch eligible nota loe eligible, insurer or
Peseta Mas be aacketed ee tinsty written nocier eft (a) any conéemaation loss oF
900301
Leg9C/o193Cr20
Description: Broward,FL Document-Book. Page 18452.205 Page: 20 of 105
Order: ACT IVANHOE Comment:
Preview
¥* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/31/2013 9:35:46 AM.**** Case Number: CACE-13-028108 Division: 05 Filing # 8693421 Electronically Filed 12/31/2013 09:35:55 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA IVANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #I ASSOCIATION, INC., GENERAL JURISDICTION DIVISION Plaintiff, CASE NO. vs. EMMA GARCIA, CARLOS GARCIA, and MARCO LAPARRA, Defendants, / COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF Plaintiff 'VANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #1 ASSOCIATION, INC. (hereinafter referred to as the “ASSOCIATION”), by and through its undersigned attorneys, sues Defendants EMMA GARCIA and CARLOS GARCIA (hereinafter referred to as “OWNERS”) and MARCO LAPARRA (hereinafter referred to as “UNAPPROVED OCCUPANT”), and would state as follows: 1. This is an action for injunctive 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. 2. 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. 3. OWNERS are the owners of real property described as follows: CONDOMINIUM UNIT 412, BUILDING U, OF IVANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #1, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 18452, AT PAGE 205, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, a/k/a 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027, OWNERS are residents of Broward County, Florida, and OWNERS are in all respects sui juris.4. UNAPPROVED OCCUPANT is a resident of Broward County, Florida, and UNAPPROVED OCCUPANT is in all respects sui juris. 5. The subject real property is governed by and subject to the terms and conditions of the Declaration of Condominium of Ivanhoe East at Century Village Condominium #L, a condominium, as recorded in Official Records Book 18452, at Page 205, of the Public Records of Broward County, Florida, as well as the Bylaws, Articles of Incorporation, and Rules and Regulations of the ASSOCIATION (collectively referred to hereinafter as the “Documents”) which are also recorded in the Public Records of Broward County, Florida. 6. OWNERS became the owners of the subject real property on or about January 12, 2004, by virtue of a Warranty Deed recorded on January 15, 2004, in Official Records Book 36763, at Page 736, of the Public Records of Broward County, Florida. 7. OWNERS, by virtue of their ownership of the subject real property, became bound by and are obligated to comply with the terms, conditions, provisions, and covenants contained within the Documents. 8. UNAPPROVED OCCUPANT, by virtue of his residency at the subject real property, became bound by and is obligated to comply with the terms, conditions, provisions, and covenants contained within the Documents. 9. Article 12 of the Declaration of Condominium provides that anyone who “. . .shall acquire his. . right to occupy. . .the continuance of his . . . occupancy of the Unit shall be subject to the approval of the Association.” Article 12 further provides that in order to receive the approval of ASSOCIATION, an occupant must complete an application for approval, appear for a screening, and teceive the written approval of ASSOCIATION. Finally, the Article provides that if ASSOCIATION does not grant such written approval, then occupancy shall not be taken, and any such unauthorized transfer of an occupancy interest is void. A copy of the Article is appended heretoas Exhibit “A”. 10. UNAPPOVED OCCUPANT is in violation of the Documents described in paragraphs 9 hereinabove by virtue of the fact that he began occupancy at the subject real property without receiving the prior written approval of the ASSOCIATION. li. OWNERS are in violation of the Documents described in paragraphs 9 hereinabove by virtue of the fact that they have permitted UNAPPROVED OCCUPANT to occupy the subject real property without receiving the prior written approval of the ASSOCIATION. 12. The ASSOCIATION has made written requests of OWNERS, directed at the address provided by OWNERS and on file with the ASSOCIATION, as well as forwarding a copy to UNAPPROVED OCCUPANT, to rectify the situation and demanding that Defendants comply with the Documents; however, the actions and behavior and situation described hereinabove continues, and Defendants have willfully and deliberately not complied with the ASSOCIATION’s proper requests and demands. Specifically, the ASSOCIATION demanded compliance in letter to OWNERS, copied to UNAPPROVED OCCUPANT, dated September 5, 2013, and October 2, 2013, respectively, but Defendants have failed to comply with the ASSOCIATION’s demands. Copies of the letters are appended hereto as Exhibits “B” and “C”. 13. Pursuant to Florida Statute §718.303, Article 21 of the Declaration of Condominium, and otherwise, the ASSOCIATION has the right to bring this action and is entitled to have UNAPPROVED OCCUPANT removed from residence at the subject real property. A copy of the Declaration Article is appended hereto as Exhibit “D”. 14. All conditions precedent to the institution and maintenance of this action have occurred, have been performed, or have been waived. 15. Pursuant to Florida Statute §718.303, Article 21 of the Declaration of Condominium, and otherwise, Defendants are required to pay the reasonable attorneys’ fees and expenses oflitigation incurred by the ASSOCIATION in prosecuting this action. 16. | The ASSOCIATION has been required to retain the services of its undersigned counsel to prosecute this action, it has obligated itself to pay a reasonable fee for such services, and it is entitled to recover said fee from Defendants as set forth in paragraph 15, hereinabove. WHEREFORE, Plaintiff WANHOE EAST AT CENTURY VILLAGE CONDOMINIUM #1 ASSOCIATION, INC., demands judgment in its favor and against Defendants EMMA GARCIA, CARLOS GARCIA, and MARCO LAPARRA, which: a. Requires OWNERS to remove UNAPPROVED OCCUPANT from residency at the subject real property; b. Requires UNAPPROVED OCCUPANT to vacate the subject real property; c. Enjoins Defendants from violating the Documents as set forth above and requires Defendants to comply at all times in the future with the Documents; d. Requires Defendants to reimburse the ASSOCIATION for the reasonable attorneys’ fees, costs, and other expenses of litigation which it has incurred in this matter; and e. Grants the ASSOCIATION such further relief in its favor as the Court deems just and proper. Respectfully submitted this 224ay of December, 2013. CHARLES F. OTTO, ESQ. Fla. Bar No. 55591 STRALEY & OTTO, P.A. Attorneys for the ASSOCIATION 2699 Stirling Road, Suite C-207 Fort Lauderdale, Florida 33312 Telephone: 954/962-7367 Facsimile: 954/962-7423 Primary e-mail: attomey@straleyottopa.com Secondary e-mail: cfo@straleyottopa.com Sccondary e-mail: jspotts@straleyottopa.comuaiitions aa rai Te nis pelt, oF Spetrafuse. te, te rized, OF Etvs the 2 fae m, damoge fo, Sop Common, Pipaantae eo Pica, tell wERb the provisions her: al = 10, Ante iA: pt coment: yf any deame eaten ICED, ts We reopens eeacbanan aay Br | i “tae ch faPuranes s in asurance ‘maintained by the ociat Trust efeae ape ° add ee ured. for the purpose of cecsivea Wy By abtonietiog, or sae Tnguranc oon Yo pay nil OF tue costa Checeo! thal oS times ihe “Moust of the neurance ithottty hevien ‘ge eassoaes ay <2 eee pti ring sae cae eek yd i a ae oe ae Gena toance Eayeube “by” the Be ata Ee oo ston onset on co a aicunbremee ‘She sane extent oe hots hich tax ‘oh or spect Lacovenent, hea Deen vaeparkedh i: ‘by “the fash upon each uni CSD Ss eh As arte eee mt 24,2, ar sistent AGAINST THE CONDOMINIUM UNIT. Fach Unit Omer shal pay, prior to delinquency, all Taxes and/or Special Aswossmiits asseseed agaizat the Unit. 1 MALNTEMICE OF ce nS ane to maintals a Spimmensty, of SeEseatel rer igemes olbaislum Peopertys cea oa ‘nrd nortgaging of Unite 3 i ts nore Heche Gpoasor shati Bo subject to the fol2oring Brovieicas! ‘12.1 TRANSFERS SUBJECT TO APPROVAL. Unit Owne @iapose of Unit inte: unit, by sale Ss otherwise, without spproves 3 she fine ‘by the Association swat oe NOSES, ee "pe at in a (>) LEASE. No Unit Owner mi eit Jeeye without, oval of the le: oe ae a nade fo a Egreo (25. month “comactl ive period or shall any trans! jtians be provide Gite it shall a ire ds it gitie or rit gifts, ge goutlauntcs nuance of eB okae fehip or occupancy of oF AEST pe" scben £4 SE OR IKHERITANCE. 1f ony Tait Owes, abeld gomuins Ris sitio by devise or rivanee the conpiayance of a evnership ‘Unit sbali be subject to the baile of the Association. at 0 amma TESTE aay Ue OR nequire Me iste or the zal vce oy, 5 ‘amex consaderea in the forages ‘tons, i ‘Shall be rr ject to the roves of one Sot et 5 SITR TO ASSOCIATION APPROVAL. Prior to the Ansooiation woueidast yee the tganetee of any interest (in, ¢ Unit, a8 nereinabove Eontenpiated a 'ghls section, che Agsocjstion shall opeain tron, che person requce such 3} hate 9p1 teation and aubait & t for the propo to become Occupants” 12 acco! ce with the voms and ph 10" of | the Deciaration of Comunity, Restrietions. the A ‘approved. Occupant” eoupants . 1089 ff saia Pa Fheogeene 4p of the Destaration of ey Be: then gtdon shell ica approval precerg oo herednaiear sat cei in this aticlee a ong. jcoonaae che peopeaee ‘accupants of the lt do mot raced: iL to be “Approves upants' the asrocistiton bat Be not : sonsdcar Mat to Mey Ea the SoS oseupante ‘be permitted mney FAIR HOUSING AMENDMENTS OF 4908, In accordance with Saction 3 0f ee neclb ation of Community Hastrietions gor century Vil ‘Perbroxe Pines, Flori the son shall de Fequirea to provide, to Plues Noster Kansganent Ine aap ‘the Mt Management Agroomon ‘dn effect, and thereafter the £5 Ube Nentas MeeegeTe rhe Association, Tae, (vbich entities are sed to os “Master Pirns'}, or ony other entitign designated by, Che at fs 7 1 a to oa to. any” trans feociation by "the “groposed, traateres poreunat to E uaderteke unauthorised bie lilt un article 12 aud Association shal * retain ‘all Gocuments and Go relating to its of a proposad transferee. APPROVAL BY ASSOCIATION, e Association the is eequirel’ x “She teanadoe of all er part ef ET of vats tati'be obtained ia the following mennert 900718 ussscvons3cre ews Deseription: Broward,FL Document-Book.Page 18452. 205 P: & Order: ACT IVANHOE Comment: a meee H a See PagesBotict fo arsocrarrom. A, Unie Ovner intendil “Bona fide", sale of I ‘Usll 7 dig, Vale, shall give, Oe Es, ‘Agrociation notice of sack in Ee " yee with suc oti a oh Serapie Soar may one 1° "1 \y Riscetas ton eu a te. pat "he fipreted te bapehasee Se me notch hail fragt of sale and i. | ' 7 LENSE. A Ustt, oer ztanding $2 make 2 choos, fide lente Bis entire Unit Rapes if Such intention, together He Brie ete sae ear are ee ee substitute J ynay be mace a hecetotite a 7 £3) GHEE PEVIER A bait Owner who bas obtained dy gift. devite or Snheritance, ocho RAnaer 08 Previously’ comaid ced, oll Bow. 23 ete (geuek Oe Seoteaer with ngommation yates. require tnd = Copy Seo the dnoteunece oulsunclig tha onsar'n title. ae AIWURE TO GIVE, NOTICE. If te required, sotton, to tbe tse pot, iti hatte oF the, tine afi art daragaain my Tang or Baraersion, ce “sake, the te nessa ie 2a sd lei ‘trang oF buastenip, the efatien aiait eoteed a2 ie tt Bd Secedees the reyelced sotica on the Bate’ of tach Giaaypca ” ‘BOHA FIDE OFFER. “bona fide" offer 3 used herein ahall mean ffer in wri! ‘Bindi: re4 Me Sistag address ee er B0_nnem he, Reto Ea sgacetOe, Tee mane See ce seek the real in dates Fel EoRoBeG Sedge dr sale aad acenepaniad by kn earsent money deposie in current 2 (b) CERTIFICATE OF APPROVAL, t ai iting of if gai. be, Bacag poh tne aungdeton, thas, tha Era rans atersz pay co the enc Pcorttethag Ene Enve: Pie vegording of fhe approval shalt be deemed ae a ae a pelt. the ‘eng shal be ested ‘see delinquent proof that Comnon expense. ie ieee tease 7 tbe re bie is sale or ease, then within’ a a0} Seprrvaccor wupelperae ‘auch notice aad, let; rane anager’ or lessee, (Anclutiag roe cq character and comosraing the proposed purt sponges. . financial A i nay I a or Saupprive Gon prepoase, eroamactioy, i the trarsection ta a anle or du accordance with ‘ha An the avmt,of a’ sale, “shall be recorded, ‘expense “of a gegording the 208, in the Public Records az an attachment to the instrutext yaveyence, The Jpabia ity, of the Unit Quer under the mms of Shall’ costinuc notwithstanding the eect that the Unie may have hoon eased. (a) oF OTHER TRANSFERS. TE the Uait ' Owser giving notice bas Atle or occupancy by dnberitence | or in iF aanoeT, within ehivey (30) dove acter ecaipt of, such, notice Eneorat{on, reunited, te be furnished ing’ such owner, ‘tho Association must secupe SPE Ea Tait TE Mpprevede. the approvel stinil be steted in a eareizicare o1 e appr pC ie oF ee assoc sspelatlen BePiteraaace: wfen, the ook the Aasoedacion, “eae of thereto as Exhibit A, and which zeal be recorded the inecende of Sroward Coutyy fhoride, an hereinabove provided. 12.3, DISAPVROTAL OF ASSOCIATION, | If, the, Association ehelt , Aisapprove | transfer of ownership-or -the leasing of a Unit. -the-matter shall he disposed of.in the following manner® (#) ND BBQUEST FOR eS x, to transaction is not Uait Ovser hag made ath» substitate, purchase 7 ee, lation shal? washiver oe mes ote 83 rpval eaerecee ia accordance, with the y-tows of vocation and the transaction elveil “not ba Re el ane La aes If ose quest ro fog aubatituce bas bes maoey ene red maid, to the Unit Ower a bona fide SS sociation a dors “easter: by ail. scaiation a Qgreereat. to purchase of isese ya fae ier & purchaser or lessce approve: the Associ fon who wilh rane ae Tenee aud to Shoe the Gale Owes mate Ll or lease the Unit upon the following terme? Q) the peti paid and the terms of payment shall be that stated im the disapproved cle ee sel or dense: Peer (2), She sale shal] be cloved wi 2 gailing of the . Sebigery op phdioy of He ogreemans Eo purohese. jt take effect as of eser or r hel} fot1 to provide doa of uP nde Grace Sa the mauser provides, or If ies o> }gaaee ypon, the x rniahed, by the Association shall default in iongs then, sotwitheranaing che disapproval, Proposed ‘trenpection 3 to have Been approved as elsewhere et ir ts OTHER TB) ay ‘TE the ee Ovner bas acquires Sls eltheby gute, devise or interitance, ae ‘ther ao approved, the Assockation, Loma ap)! yer opvaal br vealatatee Ge the aaepsleeion elon ate vwlin parchare end to Purchase, ‘TRie Owned muse seit the Unie Upos F i a qihdrty (20) days. after the J 900305, | dssecroisscr9 Description: Broward,FL Document-Book.Page 18452.205 Page: 9 of 105 Order: ACT IVANHOE Comment:|! eS SST i il , Sreement. betes Heamteed vr a ee ag sand nce SE yReE TES" coubeac nS aucchass ana Sale? at the made tas (2) The purchase price shall be paid in cash. gontract shall be the form of the Stands Deposit Receipt and Contract Por Eels Su Turchase then in'usy in Broward County. Ploriéee TE the Asrociation shod fail to provide. a, gurcheser red beretay oF. { furalshed By a“adfanit ia Bie Somers, Mereiay ord 8 Peas of peregeepe i23 tb) ta) ama apply | the dataraination ofthe soles tice: | (Beat iP dba ~ fo GEE A BPC BY So iaet espe AE, the co) 20) and Association may purchase es set woatease. tuts age or any, & tarela, mithous the MORROAE: « 7, Oath om ae rele at Taste Satya ersece tothe lane ert & to an ent » Sponsor, ox to & Venter Bathe RIPEN “ox” aL? be the Pals a reels, e that Se any events, “eaeeintton ‘ext Lessor Tie) ond have ‘the price eight ef Hiiltve of'"s. coutalce with the’ ter sees re fla Teantgate granted “meta ‘the terms thereof are acceptable to Assothacios eae at applicable). aeeZsS, DEFEETIONS: PROVISO. | he, torepoton, ¥ provisions of thia fection entiti to, OF purchase pelt, f°, a A eh mes eet asticutionsl Ho het resplt of a Wevtgegor in Slew of foreclosure or ehrough foreci| a (Are iTHOVIS®. After an Institubloual Noctgages acquires, title, te os povided, “suck Tasticutioual Mo shell be te SEMog*Chs Sroviotons oe kis anstrament : eam —- eeteos ofthe REMS:, SROUIE say purchaose acquire title, to a Unie, at a, duty erase ate deer oti kre ts ition of open ‘tna’ waa be Fgoveroed BY Peeagragh Ta bor ent al of the provisions of this nserummne. 22:8, gopoown emons. Tt shall be the a ternnst of, Tale to tennsier te transferee RPC catatintan “Docnsnts Seiglaaity Broviees to cate sranetarce. ‘Fotw: tate tts Paragraph 22,6, the amjferee shall be bound the tarms of those instruments ‘hough the Urauderer has fatied to comply necewith, 12.7 ‘ZED TBARSACTI¢ sale, lens yt authorised peenant to foe provisipua of this velarbefon. anal be vod unless subsequently Epproved by the ASsacistion and Lessor (if applicable) « 12.8 PROVISO. Wo certificate of al shall bo ismued by the Association, Ente: parsgreph. Ay and se lawss ustit, alt oie’ dae Ap tae Oak the PETATEERD Mgt the Casha aureanaue (1f appricabie), wc Mamayenout Agresméat are current and pala. 32,9 [IMPPLICADILINE To LESSOR, SPONSOR oF MAIAGHMONT FID, owe, of, the _provis this Foragrepn if ani apply So cany Unit ovand; initially or ent, abeiy Be etry “gubsidiary of Lessor Spenser oF 3 ect fume ena aod faa‘ as thay’ deen Fit except Sponsor shall ae De * haat cane of oie S pactacatiour the Articles of incorporation, oF 3 7 Erie, o nz, a0ch dociment valch pply to 411 other Omers oF Gales snd vhieh pareala to any of eioray ta) requirements that leases or lessees be approved by the Associations " ¢b) restrictions on the presence of potas | (c) restrietions on occupancy of Units based on age; reatrietions: On of vehicles so yewed | 7, oy tha type to onintn, Feoperty elation Propafey? oo the, Scetomwess shad he ve e signe 29 be. exinpt Bor 2 gay ‘puch parktag g senegigtton it the 2, “msiatenancs, marketing of Tarte se buck SLageeteel Fee an’ ung’Gonsootalua Dogunsntss Beet ft 12,20 INTER-FAMILY TRANSFDAS, | Hone of the provisions of this Paragraph 12 ghala apply to a transfer betvees Joint or. Yesrtan ‘Of emong spouse: familias whore the grantee iz not to imealcte possngsion (i deed, Joint tenancy With children, oti hal. SSE" acy provicusiy uiapproved party takes possession of & welts FesuBACE The tan watch hata, be purcha ined ~ Be ene Dauedie of the Gondoninten ELS pores + iar pursuan mesos. this sad Sage “ee ‘tne et aseg Py saith tae tate Be Seat Een hott! respective reat a3? we, shall provide £c ‘issuance of ae et inn lorgements: ee ora jl of the ae eights or" REroE agbess te tae “association and coversg rspocvors3cr 10 900301 . Description: Broward,Fl. Document-Book, Page 18452.205 Page: 10 of 105 Order: ACT IVANHOE Comment: prdgn shalt, be che fair market value cazeraiee’ by or, Be shall be closed within thirty (30) days followiag tI cathe a Lg “EXHIBIT ie of A pages: Si RALEY & OTTO, PA. ATTORNEYS AND COUNSELORS AT LAW STEPHEN J. STRALEY KEVIN G, PETERS PARTNER ASSOCIATE CHARLES F. OTTO BRIAN T. MEANLEY PARTNER ASSOCIATE September 5, 2013 Ms. Emma Garcia and Mr. Carlos Garcia VIA CERTIFIED AND 13000 8. W. 15" Court, #U-412 REGULAR U.S. MAIL Pembroke Pines, Florida 33027 RE: — Ivanhoe East at Century Village Condominium #I Association, Inc. Restrictive covenant violation—Unit U-412 Property address: 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027 Dear Ms. and Mr. Garcia: Please be advised that this office represents Ivanhoe East at Century Village Condominium #1 Association, Inc., as general counsel. In such capacity, the Association’s Board of Directors has contacted me regarding the continuing restrictive covenant violations at your condominium unit. First, and as you should be aware, Carlos Garcia’s residency at your condominium unit is in violation of the governing documents of the Association. As you are aware, all occupants must be approved for residency by the Association in the manner provided in its governing documents, In this case, Mr. Garcia has failed to submit a completed application for occupancy, has failed to pay the screening fee, and has failed to arrange for and appear at a screening. The failure to meet these requirements constitutes a violation of the Association governing documents, and the violation must be corrected at once. Second, it has been reported to the Board of Directors that Mr. Garcia has been violating several of the rules and regulations governing the community. He has been observed dumping construction and other contractor-materials at the community’s dumpster. Further, activities at the condominium unit have caused police to be at present at your unit and in the community. Finally, it has been reported that Mr. Garcia has been observed at the community's pool engaging in illegal activities. The situation clearly constitutes, at best, a nuisance at the property and, at B 22 pages worst, illegal activity at the property, and Mr. Garcia's actions are breaching the other — condominium residents’ entitlement to the peaceful, quiet enjoyment of their condominium units — and the condominium property. These violations, too, must be corrected at once. 4 ca ‘sS ake Therefore, final demand is hereby made for you to correct these violations by no later than >< an September 19, 2013. In particular, Carlos Garcia and any and all persons (other than Emma Heed 2699 StIRLING RoaD * Surre C-207 * HOLLywoop-FT. LAUDERDALE, FLORIDA 33312 BROWARD PHONE: (954) 962-7367 # BROWARD FAX; (954) 962-7423 * Dane PHONE: (305) 893-0566 * Dane Fax: (305) 893-4326 EMAIL - INFO@STRALEYOTTOPA.cOM * WensITE - STRALEYOTIOPA.COM ADDITIONAL LOCATIONS ® NorrH MIAMI ® BLUE LAGOON DRIVE IN MIAMI © ATRIUM PLAZA IN Boca RATONPage 2 of 2 Garcia) must be permanently removed from residency at your condominium unit. Further, and by such time, you must ensure that all other rule and regulation violations listed above permanently cease. Upon compliance with these demands, you must forward a letter to this office indicating that you have done so. However, in the event you fail to comply with these demands within the time set forth, the Association will have no alternative but to file a legal action against you, without further notice, to obtain injunctive relief requiring the removal of Carlos Garcia and other occupants/residents from your unit (other than Emma Garcia). Additionally, please be aware that, should legal action become necessary, you will be responsible for the attorneys’ fees and costs incurred by the Association in enforcing the provisions of its governing documents. Please govern yourselves accordingly. “? “~C{IARLES F. OTTO, ESQ. CFOjs ec: Ivanhoe East at Century Village Condominium #1 Association, Inc. Tenants/Occupants, 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027 EXHIBIT _b _A of Bete pagesmer STRALEY & OTTO, P.A. ATTORNEYS AND COUNSELORS AT LAW STEPHEN J. STRALEY KEVIN G. PETERS PARTNER ASSOCIATE: CHARLES FE. OTTO BRIAN T. MEANLEY PARTNER ASSOCIATE October 2, 2013 Ms. Emma Garcia and Mr. Carlos Garcia VIA CERTIFIED AND 13000 S.W. 15” Court, #U-412 REGULAR U.S. MAIL Pembroke Pines, Florida 33027 RE: Ivanhoe East at Century Village Condominium #1 Association, Inc. Restrictive covenant violation—Unit U-412 Property address: 13000 S.W. 15" Court, #U-412, Pembroke Pines, Florida 33027 Dear Ms, and Mr, Garcia: As you will recall, this office represents Ivanhoe East at Century Village Condominium #I Association, Inc., as general counsel. Previously, you had received a letter from me, dated September 5, 2013, noting violations at your condominium unit and demanding that they be cured. In response, Mr. Garcia contacted my client’s officers and indicated that Marco Laparra will vacate the unit, but he did not specify a timeframe. My client’s timeframe deadline for Mr. Laparra’s removal from the unit was September 19, 2013, but to date, he still remains at the unit and in the community. As such, and inasmuch as Mr. Garcia indicated a willingness to resolve the matter, my client has agreed to give you one last opportunity to resolve the matter before suit is filed. By no later than October 16, 2013, Marco Laparra must vacate or be permanently removed from residency at your condominium unit. Further, all other rule and regulation violations set forth in my September 5, 2013, letter must immediately and permanently cease. All violations have been corrected, you must forward a letter to this office indicating that you have done so. However, in the event you fail to comply with these demands by October 16, 2013, the Association will have no alternative but to immediately file suit. As indicated earlier, should legal action become necessary, you will be responsible for the attorneys’ fees and costs incurred by the Association in enforcing the provisions of its governing documents. [Please note that, inasmuch as this matter has been referred to this office, any correspondence with my client must be through this office. You may not contact my client’s officers, Board members, nor community association manager, directly, regarding this matter.] ‘ovides: PLEASE GOVE! YOURSELVES ACCORDINGLY! ; ae for your mailpiece fe pee EXHIBIT _( sano 1132 tl ONLY be combiner 7 Pages jotavallable for any = COVERAGE IS | CFO/js yeonsider Insured or cc: _ Ivanhoe East at Century Village Condominium #1 Association, Inc. {toe eee 4 Marco Laparra and tenants/occupants, 13000 S.W. 15" Ct., #U-412, Pembroke Pines, FL 33027 Frac treet nrecsigt, & c : ral fee, dalivery, me horized agent. Advis' tesiricte livery”. 2699 STIRLING ROAD ¢ SUITE C-207 * HOLLYwoop-F¥. LAUDERDALE, FLORIDA 33312 ‘the Certified Mail office for postmark’ BROWARD PHONE: (954) 962-7367 * Browab Fax: (954) 962-7423 * Dabs PHONE: (305) 893-0566 ® DaDe FAX: (305) 893-4326 rede detzon and a Emai. - INFO@STRALEYOTTOPA.COM * WesstTE - STRALEYOTTOPA.COM ve this receipt and ADDITIONAL LOCATIONS * NORTH MIAMI © B1LUE LAGOON DRiVE IN MIAM # ATRIUM PLAZA IN Boca RATON ‘512006 (Aevarse) PSN ac‘ from Sponsor, each Unit Owwe~ shail #: gute the, Masts. dasagenene Mgueement daretores Eahihie 6 forthe x Te tiskeeanes, rte cperstion of the" Tscvicks end ot isthes! fens eee ees eluding Sagether “ie coats, faing Eps iy euiowaste in actions doples of depositions, noe at | feEisiisg From without “Brower. County tor the edgar azpent witaantes) fone far, cestitying tonal . ene che Eouection wich “ais Meciatteton foe gis ‘euch Resedachy en tet resence of witnessed jomition o1 trial whet om SYcaene helt ad aly appear or be auea upon to testify. failure of ana Firms, ba: 5 a i} 21.3) HO WAIVER, enforce an) mnt, 01 te ‘Of condition sreal apart AM Alte Sekt Pareto Sid ly tors rat it, provision, covenant or c: ditto 3 ‘in the future. 214 RIGHTS COMLATIVE. Al1 righte, readies and peivtlages, gran granted to ation, Fire, 8 Lessor. oc Unit MECCEtbas oe Chis Declaration Fheil be deemed to be cuniative and be exabolae oF LegNC/O193Cr19 900302 "Description: Broward,FL. Document-Book.Page 18452.205 Page: 19 of 105 EXH 1 BIT saat peas Order: ACT IVANHOE Comment: i of AX_ pagesfo oquatitute an election of remedies, nor shall EB other and a the re, thal 20e be deaned, to preciuce the ‘party ‘thus’ exercising the. same ‘fron exe: jen, oF priviiegat 8x be cdtag big ‘to brovght pur e atadbional oe ios Uate Genet agreas (in any procea ant to sane on ‘theory of “slection of Sith Bavect mot to plead or def Freeales 21,8 VEMUEy WAIVER OF TRAIL BY JURY. Every Unit a ie and Bll : sna TR Bl ie eae ol No SFSULt Co ci ch adh sale » Hi idtea. states ‘Distric pays bate a otide, an ‘cha wane i, Sor : che successor 2 he ieourte ma to aerial by the court without = | | gi — agape a uae sree for i. socerse += oF Of service 9 PS a ah mod SHE She be applicedie to the “Epomscr, Lelsse terns 7 _LBABEE the event of any default +401 f the and ions Of the Pn elit eae ee SEE ecbeda pestien sual be as provided dn the Lease Agroenent 22, MIRERLLAMEOUS RIGHTS OF EPONEOR. Board ob the Gascakaton ‘halt De reguirad eo te rata! ie mt contract, lease Hasogeaent rian and ese Aetoctegion 38 S ae ar, ener, nav ection ere ‘other interest," Spousor, Aagetiet joa, atau! toe De raghired tor Sloquality fi ‘in Gky wots wich the’ wanberabip iteostatiog beter. gatter where” eSor; ni cesor or Mansgement xm Fry ‘shal condict oe thereat Be couse e oe partial savaliad matter vo! ich vote was necessary 2 Yor the edoption: Fatitication: oF execution of the 22,2 RIGHT TO USE YACILITIES. Notwiths sos provisions of thi Desiaratica 6 the, contra a - ails Deve the ght eo Gee nnd occupy any Exénont on soaigueds or eho “purpoas ote sales oaks fy bay other has tate ‘via: ‘eh to the use ek then ra postriotlons i cater ogre the ct, ‘of this oes or Bxhtl tached hereto, except 2 not Eeheake of chit Dactarstion, the ‘kctioles. of a Thcorporation, or, Shey eee, tne. "aay such docunest, ‘whlch apply to ail other owsers or anil hidh pertain to aay of the followings (a) requirements that leases or lessees be ‘approved by the association) (b) restrictions on the presence of pete? (c) restrictions on more of units based on age: ving oa Eoin “toy wate upon E @ strictions on type of naehighes arlowed minion peo ie oF fasecintion, cbr s oper us egssh ge tO ‘from any ‘parklag ‘beset Zion! Ye the isting “te “cousteucrice, “maintenance, OF Se 3,3 thiols a rit Miisthag ‘ot = cers oa er sed laa 1s provided im the condominium documents. “23. MORICHES. Whenever notices are required to be sent hereunder, the samo bo" delivered te—Ualt: Owmars, either per ot. by, matic sot, ‘thade place i Sepiepees a, Se Comtonlnen,, Gotterse se ay favesteetge ove, on Sears or 18 Bear ence, i Ghon to the President of the. Association. see © sr i otices to the Sponso: 2 be made 1 to Sponi tr Adminiatratic i ‘Building, ‘Sane ‘10th Bt., "Peabeoks Pineae Pilor: <* ‘a0ab. er anton i | oC MSTRUSTION Az of the proviasons Declaration shall be construed I Bes rdance ‘Ene awa of the Beate of ibe nt “his construction shall ‘govern ! all matters, including matters of substantive end procedural lav. : the contr ess to, have been, in ip the ude the singaptead words in’ the tinguinr jonoal| pga EY neuter 23 ra) wine anal ioea angele ie 2 fhe ale otader shall include he tense gender and NZZO9d75 40 Law caPaTONs. The to erage £ this Antopded Fee ees ae ee eee tee Maeda oh be eh2\ inclusive ae co “Eh wepbs or considered in conection with the construction "St ay i in such Sees provisions whee Declaration. SEVERABILLET 5 a torm of provi: Hh of this Declaration. or the sppaserbbon thereat ay! pecaan oF Eivcunatance, onal, to any extent, be 7 De invalia offusgnigrcesble, the reneinder of thts Buclaration, ‘or the whic auch eine oe oa ‘Swett se rer donerarat fe be cifected thereby cae rade vot stinn of tela Declaration shail be valid and encorceabie filsese extent permitted By ies 28 FEMA REQUIREMENTS. Leta pasese to the Ass clatio , identi fyis ang address Of the Zascieutioaal Lend einsurer,, oF, guar Or’ chereot tec! the h Unit number or edd: ‘ay auch eligible nota loe eligible, insurer or Peseta Mas be aacketed ee tinsty written nocier eft (a) any conéemaation loss oF 900301 Leg9C/o193Cr20 Description: Broward,FL Document-Book. Page 18452.205 Page: 20 of 105 Order: ACT IVANHOE Comment: