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Filing # 54317485 E-Filed 03/28/2017 03:07:58 PM
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
SOUTHWOOD PROPERTY OWNERS
ASSOCIATION, INC.,
Plaintiff,
V. CASE NO.
DONALD M. HOYDILLA; JOYCE A. HOYDILLA;
SOUTHWOOD, BLOCK 2 HOMEOWNERS
ASSOCIATION, INC.; UNKNOWN TENANT #1
and UNKNOWN TENANT #2,
Defendant(s).
COMPLAINT
Plaintiff, SOUTHWOOD PROPERTY OWNERS ASSOCIATION, INC. ("Plaintiff
Association"), a Florida not-for-profit corporation, hereby sues Defendants, DONALD M.
HOYDILLA and JOYCE A. HOYDILLA, husband and wife, SOUTHWOOD, BLOCK 2
HOMEOWNERS ASSOCIATION, INC. and UNKNOWN TENANTS #1 and #2, as follows:
COUNTI
1. This is an action to foreclose a Claim of Lien for homeowners’ association
assessments in accordance with Section 720.3085, Florida Statutes.
2. Plaintiff Association is a Florida corporation not-for-profit, operating pursuant to
the provisions of Chapter 720, Florida Statutes. Plaintiff is doing business in Sarasota County,
Florida.
3, Jurisdiction is proper in County Court as the amount due is less than fifteen
thousand dollars ($15,000).
A, Defendants DONALD M. HOYDILLA and JOYCE A. HOYDILLA ("Defendant
Owners") are the fee simple owners of the following described parcel of real estate:
LOT 3, Block 2, SOUTHWOOD, Section “D”, as per Plat Book 35, page 41, 41-
A thru 41-B, of the Public Records of Sarasota County, Florida. ("the Lot").
5, Defendant Owners are members of Plaintiff Association.
6. Defendant, SOUTHWOOD, BLOCK 2 HOMEOWNERS ASSOCIATION, INC.,
may have or claim an interest in the subject Lot pursuant to a Claim of Lien filed at Instrument
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Sener tet neti nan Vie ttn tn oA NR AN ae REA i RRA A RON eh RR tr DNA a A on onONO NA rt
"Page |
Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL, 34229
Phone - 941.244.0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.com
Filed 03/28/2017 03:18 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLNumber 2016022973 of the Public Records of Sarasota County, Florida, but such interest, if any,
is inferior to the lien rights of Plaintiff Association.
7. Defendants, UNKNOWN TENANT #1 and #2, as unknown tenants in possession,
may have or claim an interest in the subject Lot by virtue of a lease or other instrument unknown
to Plaintiff Association, but such interest, if any, is inferior to that of Plaintiff Association.
8. By virtue of their ownership of the Lot, Defendant Owners are obligated to pay
annual assessments and special assessments, including late charges and interest, as provided in
the Master Declaration of Covenants, Conditions, and Restrictions for Southwood, as amended
("Declaration") (Exhibit "A" hereto).
9, In addition to the entitlement described above, Section 720.3085, Florida Statutes,
expressly provides that a Claim of Lien shall secure all unpaid assessments, interest, late charges,
costs and attorney's fees which are due and which may accrue subsequently to the recording of a
Claim of Lien and prior to the entry of a Final Judgment of Foreclosure.
10. Defendant Owners have failed to pay assessments and other amounts as they
became due and payable.
il. On June 8, 2016, Plaintiff Association sent Defendant Owners by certified mail,
return receipt requested, and first class United States mail, a forty-five day (45) notice and
demand for all amounts due owed to be paid to Plaintiff Association, before recording a claim of
lien against the unit at issue. A true and correct copy of that letter is attached hereto as Exhibit
“B”,
12. On August 11, 2016, counsel representing Plaintiff Association sent Defendant
Owners by certified mail, return receipt requested, and first class United States mail, a forty-five
day (45) notice and demand for all amounts due owed to be paid to Plaintiff Association and
enclosed a copy of the recorded Claim of Lien. A true and correct copy of that letter is attached
hereto as Exhibit “C”,
«13. Plaintiff Association's Claim of Lien was recorded on August 5, 2016, and affects
real property located in Sarasota County, Florida. It can be found in the Public Records of
Sarasota County, Instrument #2016097591. A true and correct copy of the Claim of Lien is
attached hereto as Exhibit "D".
14. All conditions precedent to the filing of the action have been performed, have
been waived, and/or have occurred.
15. Plaintiff Association has retained the undersigned attorney to represent it in this
action and is required to pay a reasonable fee for those services and is entitled to recover same
pursuant to Florida Statute Section 720.3085, and the Declaration.
Ae ink ee eS NE NRTA Ga Ne Se Sa a ing Cone iranian martini einen ry innit ec cnen rin an ara ine arya iy mprye Cneace eryarennrr On yar hata ares aren rue er Ihara naar Aare naar ea a Aa he aR CD DS aA NT AAAS NL MMA AVE APE MENA CIR ANE ONAN
Page 2
Hill Law Firm, P.A., 4568. Tamiami Trail, Osprey, FL 34229
Phone - 941.244.0098 / Fax - 941.244.0548 / Web - www. hill-lawpa.comWHEREFORE, Plaintiff Association, SOUTHWOOD PROPERTY OWNERS
ASSOCIATION, INC., respectfully requests that the Court award the following relief:
A. Take jurisdiction of this cause and the parties to the action.
B. Ascertain the amount of money including interest, late charges, expenses and
costs, and attorneys’ fees which Plaintiff Association is entitled to recover in this action.
C. That Plaintiff Association be decreed to have a lien upon the real estate of
Defendant Owners as described herein for the sum of money found to be due.
D. That such lien be foreclosed in accordance with section 720.3085, Florida
Statutes, and the established rules and practices of the Court, that upon default of the payment to
the amounts so found to be due, that said real estate be sold by the Clerk of Court to satisfy the
liens in accordance with the provisions of section 720.085, Florida Statutes; and that a deficiency
judgment be entered for the sum remaining unpaid against the Defendant Owners.
E. Award such other and further relief as Plaintiff Association may be entitled to
receive.
COUNT TL
16. This is an action for damages against Defendant Owners to recover delinquent
homeowners’ association assessments, interest, late charges and attorneys’ fees.
17. Plaintiff Association realleges and reavers paragraphs 2 through 5, 8, 10, 14 and
15 of Count I as if set forth in full herein.
18. Plaintiff Association is entitled to recover all unpaid homeowners’ association
assessments, plus interest, late charges, costs and attorney's fees incident to the collection of the
delinquent assessments which have accrued at the time of the rendition of judgment for the Lot.
WHEREFORE, Plaintiff Association, SOUTHWOOD PROPERTY OWNERS
ASSOCIATION, INC., respectfully requests that the Court award the following relief:
A. Ascertain the amount of assessments and interest which Plaintiff Association is
entitled to recover in this action.
B. Award Plaintiff Association judgment in the amount of all delinquent assessments
and interest found to be due.
C, Award to the Plaintiff Association the costs, late charges and reasonable
attorneys’ fees incurred incident to collection of the delinquent assessments.
meyer wher et i a nee a A Se Ae OU oe RO OUEST eT an arn nar
i Page 3 jenna
Sean ena as ere cen
Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL 34229
Phone - 941,244 0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.comThis is an attempt to collect a debt and any information obtained will be used for
that purpose.
DATED this 26 day of March 2017.
HILL LAW FIRM, P.A.
456 8S. Tamiami Trail
Osprey, FL 34229
T: (941) 244-0098
F: (941) 244-0548
Email: jdaly@hill-lawpa.com
A AAO A AOA CAE SMA NCI MASE COC YY a te NaS pi narrate rer marr, ir maar rary mar ir etn
Jennifer L. Daly, Esq.
Florida Bar Number 105835
Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL 34229
Phone ~ 941.244.0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.comMASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
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THIS DECLARATION is wade this Bet aay of
3989, by FIRST COMMUNITIES CORPORATION, a Florida corperation,
hereinafter celled “Declarant®.
WHEREAS, Declarant is the owner of the real property in
Sarasota County, Florida described in Article 2, and desires to
establish thereon a planned community to be known a9 Southwood;
and
WHEREAS, Declarant, its successore or assigns, intends ke
improve and develop said lands primarily for residential purposes
iu accordance with development plana approved by Sarageta County,
and in implementation thereof intends to establigh one or more
subdivisions, condominiuma, cooperatives or other development and
owgerehip formats providing for the conveyance, ownexehip and
occupancy of residential property: and
WHEREAS, certain parte of the proparty deacribed in Article 2
may be used or developed for non-residential purposes, and
Declarant wishes to define and provide for the rightea and ebliga-
tions of such properties ag so used with respect to certain maine
tenance, drainage and other funetions shared in common with the
ceaidential development within Southwood; and
RHEREAS, Declarant desires to place nertaiu voyvenantes, con<
@itions and restrictions upon ali of gaid lands which are now or
may hereafter become a part of Southwood, and to provide for the
appropriate administration of matters of common interest and te
facilitate coordination and cooperation emong the severai saa-
ponent communities within Southwood; and
WHEREAS, Declarant deama it desirable to make provision for
the preservation of values and amenities in the community, and to
ereate am entity for thea adminiatration and enforcement of this
Peclaration: and
Exhibit |
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een aN iheWHEREAS, Declarant has caused Southwood Property Cwners
Association, Inc. to be incorporated under the Laws of Florida as
a non-profit corporation for such purposes;
NOW, THEREFORE, Declarant hereby declares that the real pro-
perty described in Section 2.01 of Article 2, and such additions
thereto as may hereafter be made pursuant to Article 2, is and
shail be held, transferred, sold, conveyed, leased, occupied and
used subject to this Master Declaration and the covenants,
restrictions, conditions, sasements, charges and liens provided
for-nerein (semetimes referred to as "the Master Covenants").
hereinafter set forth.
ARTICLE 1
DEFINITIONS
The following words and terms, when used in this Master
Declaration or any Supplemental Master Declaration funliese the
context shall clearly indicate otherwise) shall have the
following meanings:
4.01. "Articles* shall mean and refer to the Articles
of Incorporation of the Master Association.
1.02, "Assessment" shall mean and refer to a charge
against a paxticular Owner and his Lot of parcel, made by the
Master Association in accordance with this Master Declaration and
secured by a lien against such Lot or Parcel as hereinafter pro-
vided. ‘The following meanings shall be given to the following
types of Assessments:
fa) “Regular Assessment" ghall mean. the recurring
periodic assessment For each Owner's share of the budgeted common
expense.
ib} “Special Assessment" shall mean any Assessment
made under the authority of this Master Declaration other than a
Regular Assessment. Special Assessments may include, but shall
not necessarily be limited to, amounts necessary to supplement
Regular Assessments; costs to bring a particular Owner or Lot or
Parcel into compliance with this Master Declaration, the
wrticles, By-Laws or Rules adopted pursuant hereto; costs of
adding, improving, repairing or replacing Common Property; or theMASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SOUTHWOOD
Se ce er cm ee NEN RENCE PTA NN ati ea
THIS DECLARATION is made this Shot day of pebinale
1987, by FIRST COMMUNITIES CORPORATION, a Florida corporation,
hereinafter called "Declarant®.
WRERBAS, Declarant is the owner of the real property in
Sarasota County, Florida described in Article 2, and desires to
establish thereon a planned community to be known as Southwood;
and
WHEREAS, Declarant, its successors or assigns, intends te
improve and develop said lands primarily for residential purposes
in accordance with development plans approved by Sarasota County,
and in implementation thereof intends to establish one or more
subdivisions, condominiums, ccoperatives or other development and
ownership formats providing for the conveyance, ownership and
cccupancy of residential property: and
WHEREAS, certain parts of the property described in Article 2
may be used or developed for non-residential purposes, and
Declarant wishes to define and provide for the rights and obliga-
tione of such properties as so used with respect to certain main-
tenance, drainage and other functions shared in common with the
residential development within Southwood; and
WHEREAS, Declarant desires to place certain covenants, con-
ditions and restrictions upon all of said lands which are now or
may hereafter become a part of Southwood, and to provide for the
appropriate administration of matters of common interest and to
Facilitate coordination and cooperation among the several com-
ponent communities within Southwood; and
WHEREAS, Declarant deems it desirable to make provision for
the preservation of values and amenities in the community, and te
create am entity for the administration and enforcement of this
Declaration: and
i .
; .
4.
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be saawwele a oteieeieataaeetelttgne AREA saecost of any service, material or combination thereof obtained by
the Master Association for the use and benefit of an Owner or his
Lot or Parcel as provided herein.
1.03. “Assessment Index" shall mean the factor assiqned
to each Lot or Parcel to establish the relative share of Common
Expense to be borne by such Lot or Parcel through payment of
Regular and Special Assessments. As hereinafter provided, an
Assessment Index assigned to a Parcel shall be replaced by the
aggregate of the Agsessment Index assigned to all Lots created
within such Parcel, which aggregate may be greater or lesser than
the initial Assessment Index assigned ta such Parcel. -
1.04, "Master Association" shall mean and refer to
Southwood Property Owners Association, Inc., a Florida non-profit
corporation, its successors and assigns.
1.05, "Board" shall mean and refer to the Board of
Directors of the Master Association.
1.06. "By-Laws" shall mean and refer to the By-Laws of
the Master Association.
1,07. ‘Common Expenses" shall mean and refer to the
actual and estimated cost of the following:
{a} The maintenance, management, operation, repair
and replacement of the Common Property, and all other areas of
Southwood maintained by the Master Association.
(b) Unpaid Assessments.
{c) Expenses of administration and management of
the Master Association.
(d} The cost of utilities, trash pickup and dispo-
gal, and other services to the extent such services are paid for
by the Master Association in accordance with this Master
Declaration.
{e} The cost of any insurance covering the Common
Property ox other insurance obtained hy the Master Association.
{£} Reasonable reserves as deemed appropriate by
the Board.
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4.
5
4
‘
3
d
1
f
+
4
3{g} Taxes and other governmental assessments and
charges against the Common Property paid or payable by the Master
Association.
{n} Any amount paid by the Master Association for
the discharge of any lien or encumbrance levied against the
Common Property or portions thereof.
(4) The cost of any other item or items designated
herein as a Common Expense, or reasonably or necessarily incurred
by the Master Association in connection with the ownership,
operation, maintenance, management, or improvement of Common
Property, this Master Declaration, the Articles or By~Laws, and
in furtherance of the purposes of the Master Association oF 4
discharge of any obligations expressly or impliedly imposed on
the Master Association by this Master Declaration.
1.08. "Common Property" shall mean and refer to the
entrance way, roads, streets, recreational lands and other common.
areas, and utility and drainage systems, facilities, rights and
casements, together with such other tracts of land which may be
deeded or leased to the Master Association, or as to which case-
ments, licenses or use rights may be granted to the Master
Association, and designated in said deed, lease, easement,
conveyance, license or other agreement as “Common Property,"
together with all improvements thereon and equipment, facilities
and rights associated therewith or related thereto. The term
“Common Property" shall also include any personal property
acquired by the Master Association if said property is designated
a Common Property. Al} Common Property is to be devoted to and
intended for the common use and enjoyment of the Owners and resi-
dents of Southwood and their guests, subject to the provisions of
this Master Declaration,
1.08. "Community Service System" shall mean and refer
to a system of facilities, installations, ownerships, rights,
licenses, uses, improvements, equipment or fixtures devoted to and
intended for the common use, bene£lt and enjoyment of the Owners
and residents of Southwood, and their guests, whether in whole orin part deemed Common Property, or located within and being a
part of a Component Community or otherwise. By way of explana-
tion, and not limitation, a Community Service System may include
a common drainage and storm water management system, bike paths,
recreational facilities, private roads, facilities to provide
utilities, street lighting, cable television and other con-
munication services, administrative support programs, and where
reasonably required for implementation of such systems,
appropriate ownerships, interests, easements, Servitudes, licen-
ses and other use rights throughout Southwood. ~~
1.10 * Component Association" shall mean and refer to
an association responsible for the operation and management of
one or more Component Communities.
1.12. ‘Component Commmity'' shall mean and refer to a
separate subdivision, condominium or other distinct and separate
development of Lots within Southwood, In the absence of other
delineation at the time of its creation, a Component Community
shall be defined ag all those Lots or Parcels operated by a
single Component Association, except that where a single
Component Association operates more than one community, Component
Community shall refer to each separate community operated
thereby.
1.12 "Declarant" shall mean FIRST COMMONITIES
CORPORATION, or its successors, assigns, nominees or designees,
in whole or in part, as such Declarant.
1.12 "Declaration" shall mean and refer to this Master
Declaration, including any amendments hereto and any Supplemental
Master Declarations filed hereunder. The term "Declaration"
shall have the same meaning as the term "Master Declaration”® and
the term "Master Covenants."
41.14 "Delegate Member" shall mean and refer to those
members of the Boards of Directors of Component Associations, or
other desiqnated representatives of Component Associations, who
are entitled to cast the votes of Regular Members at meetings of
the Master Association in accordance with Article 3 and the
By- Dawe.1.15 "Development Plan" shall mean and refer to the
general Development Plan for Southwood as same now exists, and as
it may from time to time hereafter be amended,
1.16 Lot" shall mean and refer to a discrete lot re-
flected on a recorded subdivision plat o£ lands forming a part of
Southwood and subject to this Declaration, or to a condominium
unit within a condominium that is subject to this Declaration, The
term “Lot” shall uot include any land that is Common Property.
1.17. “Member* shall mean and refer to every person OF
entity who is qualified for membership pursuant to Article 3 of
this Master Declaration.
1.18. “Owner® shall mean and refer to the single or
multiple Owner of record of the fee simple title to any Lot or
parcel, but excluding those having such interest merely as
security for the performance of an obligation and excluding
Declarant go leng as Declarant Membership continues.
1.19 “Parcel” shall mean and refer to any part of the
property now or hereafter subjected te this Declaration other
than Common Property, Lots, streets or roads or other lands owned
by or dedicated to a governmental unit Of agency OF public uti-
lity company, whether or not such Parcel is developed or undeve-
loped without regard to the use or proposed use of such Parce}.
Any Parcel, or part thereof, Eor which s subdivision plait has
been filed of record or which has been submitted to condominium
according to a recorded Declaration of Condominium shall, as to
such portions, cease being considered part of such parcel, and
shall thereafter be deemed Lois in accordance with such plat or
condominium declaration, as appropriate.
1.20. “Southwood” shall mean and refer to ail of the
land including Common Property, now or hereafter subject to this
Master Declaration.
ARTICLE 2
THE PROPERTY
2.01, Exigtiag Property. The ceal property which is
subject to this Master Declaration is described on Exhibit A,
attached hereto and made a part hereof.2.02.
Preview
Filing # 54317485 E-Filed 03/28/2017 03:07:58 PM IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA SOUTHWOOD PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, V. CASE NO. DONALD M. HOYDILLA; JOYCE A. HOYDILLA; SOUTHWOOD, BLOCK 2 HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT #1 and UNKNOWN TENANT #2, Defendant(s). COMPLAINT Plaintiff, SOUTHWOOD PROPERTY OWNERS ASSOCIATION, INC. ("Plaintiff Association"), a Florida not-for-profit corporation, hereby sues Defendants, DONALD M. HOYDILLA and JOYCE A. HOYDILLA, husband and wife, SOUTHWOOD, BLOCK 2 HOMEOWNERS ASSOCIATION, INC. and UNKNOWN TENANTS #1 and #2, as follows: COUNTI 1. This is an action to foreclose a Claim of Lien for homeowners’ association assessments in accordance with Section 720.3085, Florida Statutes. 2. Plaintiff Association is a Florida corporation not-for-profit, operating pursuant to the provisions of Chapter 720, Florida Statutes. Plaintiff is doing business in Sarasota County, Florida. 3, Jurisdiction is proper in County Court as the amount due is less than fifteen thousand dollars ($15,000). A, Defendants DONALD M. HOYDILLA and JOYCE A. HOYDILLA ("Defendant Owners") are the fee simple owners of the following described parcel of real estate: LOT 3, Block 2, SOUTHWOOD, Section “D”, as per Plat Book 35, page 41, 41- A thru 41-B, of the Public Records of Sarasota County, Florida. ("the Lot"). 5, Defendant Owners are members of Plaintiff Association. 6. Defendant, SOUTHWOOD, BLOCK 2 HOMEOWNERS ASSOCIATION, INC., may have or claim an interest in the subject Lot pursuant to a Claim of Lien filed at Instrument saan nein nh ev. an Vb enh binean Me Mnnaoieend We ean aan OPE AN Ahn ahaa UM IA ARON AG ANN senha oie DABS ei a eH Sm ego AD cen Sener tet neti nan Vie ttn tn oA NR AN ae REA i RRA A RON eh RR tr DNA a A on onONO NA rt "Page | Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL, 34229 Phone - 941.244.0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.com Filed 03/28/2017 03:18 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLNumber 2016022973 of the Public Records of Sarasota County, Florida, but such interest, if any, is inferior to the lien rights of Plaintiff Association. 7. Defendants, UNKNOWN TENANT #1 and #2, as unknown tenants in possession, may have or claim an interest in the subject Lot by virtue of a lease or other instrument unknown to Plaintiff Association, but such interest, if any, is inferior to that of Plaintiff Association. 8. By virtue of their ownership of the Lot, Defendant Owners are obligated to pay annual assessments and special assessments, including late charges and interest, as provided in the Master Declaration of Covenants, Conditions, and Restrictions for Southwood, as amended ("Declaration") (Exhibit "A" hereto). 9, In addition to the entitlement described above, Section 720.3085, Florida Statutes, expressly provides that a Claim of Lien shall secure all unpaid assessments, interest, late charges, costs and attorney's fees which are due and which may accrue subsequently to the recording of a Claim of Lien and prior to the entry of a Final Judgment of Foreclosure. 10. Defendant Owners have failed to pay assessments and other amounts as they became due and payable. il. On June 8, 2016, Plaintiff Association sent Defendant Owners by certified mail, return receipt requested, and first class United States mail, a forty-five day (45) notice and demand for all amounts due owed to be paid to Plaintiff Association, before recording a claim of lien against the unit at issue. A true and correct copy of that letter is attached hereto as Exhibit “B”, 12. On August 11, 2016, counsel representing Plaintiff Association sent Defendant Owners by certified mail, return receipt requested, and first class United States mail, a forty-five day (45) notice and demand for all amounts due owed to be paid to Plaintiff Association and enclosed a copy of the recorded Claim of Lien. A true and correct copy of that letter is attached hereto as Exhibit “C”, «13. Plaintiff Association's Claim of Lien was recorded on August 5, 2016, and affects real property located in Sarasota County, Florida. It can be found in the Public Records of Sarasota County, Instrument #2016097591. A true and correct copy of the Claim of Lien is attached hereto as Exhibit "D". 14. All conditions precedent to the filing of the action have been performed, have been waived, and/or have occurred. 15. Plaintiff Association has retained the undersigned attorney to represent it in this action and is required to pay a reasonable fee for those services and is entitled to recover same pursuant to Florida Statute Section 720.3085, and the Declaration. Ae ink ee eS NE NRTA Ga Ne Se Sa a ing Cone iranian martini einen ry innit ec cnen rin an ara ine arya iy mprye Cneace eryarennrr On yar hata ares aren rue er Ihara naar Aare naar ea a Aa he aR CD DS aA NT AAAS NL MMA AVE APE MENA CIR ANE ONAN Page 2 Hill Law Firm, P.A., 4568. Tamiami Trail, Osprey, FL 34229 Phone - 941.244.0098 / Fax - 941.244.0548 / Web - www. hill-lawpa.comWHEREFORE, Plaintiff Association, SOUTHWOOD PROPERTY OWNERS ASSOCIATION, INC., respectfully requests that the Court award the following relief: A. Take jurisdiction of this cause and the parties to the action. B. Ascertain the amount of money including interest, late charges, expenses and costs, and attorneys’ fees which Plaintiff Association is entitled to recover in this action. C. That Plaintiff Association be decreed to have a lien upon the real estate of Defendant Owners as described herein for the sum of money found to be due. D. That such lien be foreclosed in accordance with section 720.3085, Florida Statutes, and the established rules and practices of the Court, that upon default of the payment to the amounts so found to be due, that said real estate be sold by the Clerk of Court to satisfy the liens in accordance with the provisions of section 720.085, Florida Statutes; and that a deficiency judgment be entered for the sum remaining unpaid against the Defendant Owners. E. Award such other and further relief as Plaintiff Association may be entitled to receive. COUNT TL 16. This is an action for damages against Defendant Owners to recover delinquent homeowners’ association assessments, interest, late charges and attorneys’ fees. 17. Plaintiff Association realleges and reavers paragraphs 2 through 5, 8, 10, 14 and 15 of Count I as if set forth in full herein. 18. Plaintiff Association is entitled to recover all unpaid homeowners’ association assessments, plus interest, late charges, costs and attorney's fees incident to the collection of the delinquent assessments which have accrued at the time of the rendition of judgment for the Lot. WHEREFORE, Plaintiff Association, SOUTHWOOD PROPERTY OWNERS ASSOCIATION, INC., respectfully requests that the Court award the following relief: A. Ascertain the amount of assessments and interest which Plaintiff Association is entitled to recover in this action. B. Award Plaintiff Association judgment in the amount of all delinquent assessments and interest found to be due. C, Award to the Plaintiff Association the costs, late charges and reasonable attorneys’ fees incurred incident to collection of the delinquent assessments. meyer wher et i a nee a A Se Ae OU oe RO OUEST eT an arn nar i Page 3 jenna Sean ena as ere cen Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL 34229 Phone - 941,244 0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.comThis is an attempt to collect a debt and any information obtained will be used for that purpose. DATED this 26 day of March 2017. HILL LAW FIRM, P.A. 456 8S. Tamiami Trail Osprey, FL 34229 T: (941) 244-0098 F: (941) 244-0548 Email: jdaly@hill-lawpa.com A AAO A AOA CAE SMA NCI MASE COC YY a te NaS pi narrate rer marr, ir maar rary mar ir etn Jennifer L. Daly, Esq. Florida Bar Number 105835 Hill Law Firm, P.A., 456 S. Tamiami Trail, Osprey, FL 34229 Phone ~ 941.244.0098 / Fax - 941.244.0548 / Web - www.hill-lawpa.comMASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CM OOD) cemseme pan the rt eee epee ate GSA ean aera Sa enna ot as baie aie! ate olen te lathe leet intial oo tne ae oe Senin ane SLIT QR rat on ang ABBE cm cee SoS THIS DECLARATION is wade this Bet aay of 3989, by FIRST COMMUNITIES CORPORATION, a Florida corperation, hereinafter celled “Declarant®. WHEREAS, Declarant is the owner of the real property in Sarasota County, Florida described in Article 2, and desires to establish thereon a planned community to be known a9 Southwood; and WHEREAS, Declarant, its successore or assigns, intends ke improve and develop said lands primarily for residential purposes iu accordance with development plana approved by Sarageta County, and in implementation thereof intends to establigh one or more subdivisions, condominiuma, cooperatives or other development and owgerehip formats providing for the conveyance, ownexehip and occupancy of residential property: and WHEREAS, certain parte of the proparty deacribed in Article 2 may be used or developed for non-residential purposes, and Declarant wishes to define and provide for the rightea and ebliga- tions of such properties ag so used with respect to certain maine tenance, drainage and other funetions shared in common with the ceaidential development within Southwood; and RHEREAS, Declarant desires to place nertaiu voyvenantes, con< @itions and restrictions upon ali of gaid lands which are now or may hereafter become a part of Southwood, and to provide for the appropriate administration of matters of common interest and te facilitate coordination and cooperation emong the severai saa- ponent communities within Southwood; and WHEREAS, Declarant deama it desirable to make provision for the preservation of values and amenities in the community, and to ereate am entity for thea adminiatration and enforcement of this Peclaration: and Exhibit | A % # £ : be . Jide tar erat nitrite Nt ated 1g init et Tae Wate eer aNeke easement iaiebe narlehein een aN iheWHEREAS, Declarant has caused Southwood Property Cwners Association, Inc. to be incorporated under the Laws of Florida as a non-profit corporation for such purposes; NOW, THEREFORE, Declarant hereby declares that the real pro- perty described in Section 2.01 of Article 2, and such additions thereto as may hereafter be made pursuant to Article 2, is and shail be held, transferred, sold, conveyed, leased, occupied and used subject to this Master Declaration and the covenants, restrictions, conditions, sasements, charges and liens provided for-nerein (semetimes referred to as "the Master Covenants"). hereinafter set forth. ARTICLE 1 DEFINITIONS The following words and terms, when used in this Master Declaration or any Supplemental Master Declaration funliese the context shall clearly indicate otherwise) shall have the following meanings: 4.01. "Articles* shall mean and refer to the Articles of Incorporation of the Master Association. 1.02, "Assessment" shall mean and refer to a charge against a paxticular Owner and his Lot of parcel, made by the Master Association in accordance with this Master Declaration and secured by a lien against such Lot or Parcel as hereinafter pro- vided. ‘The following meanings shall be given to the following types of Assessments: fa) “Regular Assessment" ghall mean. the recurring periodic assessment For each Owner's share of the budgeted common expense. ib} “Special Assessment" shall mean any Assessment made under the authority of this Master Declaration other than a Regular Assessment. Special Assessments may include, but shall not necessarily be limited to, amounts necessary to supplement Regular Assessments; costs to bring a particular Owner or Lot or Parcel into compliance with this Master Declaration, the wrticles, By-Laws or Rules adopted pursuant hereto; costs of adding, improving, repairing or replacing Common Property; or theMASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHWOOD Se ce er cm ee NEN RENCE PTA NN ati ea THIS DECLARATION is made this Shot day of pebinale 1987, by FIRST COMMUNITIES CORPORATION, a Florida corporation, hereinafter called "Declarant®. WRERBAS, Declarant is the owner of the real property in Sarasota County, Florida described in Article 2, and desires to establish thereon a planned community to be known as Southwood; and WHEREAS, Declarant, its successors or assigns, intends te improve and develop said lands primarily for residential purposes in accordance with development plans approved by Sarasota County, and in implementation thereof intends to establish one or more subdivisions, condominiums, ccoperatives or other development and ownership formats providing for the conveyance, ownership and cccupancy of residential property: and WHEREAS, certain parts of the property described in Article 2 may be used or developed for non-residential purposes, and Declarant wishes to define and provide for the rights and obliga- tione of such properties as so used with respect to certain main- tenance, drainage and other functions shared in common with the residential development within Southwood; and WHEREAS, Declarant desires to place certain covenants, con- ditions and restrictions upon all of said lands which are now or may hereafter become a part of Southwood, and to provide for the appropriate administration of matters of common interest and to Facilitate coordination and cooperation among the several com- ponent communities within Southwood; and WHEREAS, Declarant deems it desirable to make provision for the preservation of values and amenities in the community, and te create am entity for the administration and enforcement of this Declaration: and i . ; . 4. L re oahu ir ete lea eh er lo Sie cein” «sinew eine ssinspemmmans helacmmnainatine patted ot a! sexe a fanaeyeti aninieemyene nanan be saawwele a oteieeieataaeetelttgne AREA saecost of any service, material or combination thereof obtained by the Master Association for the use and benefit of an Owner or his Lot or Parcel as provided herein. 1.03. “Assessment Index" shall mean the factor assiqned to each Lot or Parcel to establish the relative share of Common Expense to be borne by such Lot or Parcel through payment of Regular and Special Assessments. As hereinafter provided, an Assessment Index assigned to a Parcel shall be replaced by the aggregate of the Agsessment Index assigned to all Lots created within such Parcel, which aggregate may be greater or lesser than the initial Assessment Index assigned ta such Parcel. - 1.04, "Master Association" shall mean and refer to Southwood Property Owners Association, Inc., a Florida non-profit corporation, its successors and assigns. 1.05, "Board" shall mean and refer to the Board of Directors of the Master Association. 1.06. "By-Laws" shall mean and refer to the By-Laws of the Master Association. 1,07. ‘Common Expenses" shall mean and refer to the actual and estimated cost of the following: {a} The maintenance, management, operation, repair and replacement of the Common Property, and all other areas of Southwood maintained by the Master Association. (b) Unpaid Assessments. {c) Expenses of administration and management of the Master Association. (d} The cost of utilities, trash pickup and dispo- gal, and other services to the extent such services are paid for by the Master Association in accordance with this Master Declaration. {e} The cost of any insurance covering the Common Property ox other insurance obtained hy the Master Association. {£} Reasonable reserves as deemed appropriate by the Board. a 4. 5 4 ‘ 3 d 1 f + 4 3{g} Taxes and other governmental assessments and charges against the Common Property paid or payable by the Master Association. {n} Any amount paid by the Master Association for the discharge of any lien or encumbrance levied against the Common Property or portions thereof. (4) The cost of any other item or items designated herein as a Common Expense, or reasonably or necessarily incurred by the Master Association in connection with the ownership, operation, maintenance, management, or improvement of Common Property, this Master Declaration, the Articles or By~Laws, and in furtherance of the purposes of the Master Association oF 4 discharge of any obligations expressly or impliedly imposed on the Master Association by this Master Declaration. 1.08. "Common Property" shall mean and refer to the entrance way, roads, streets, recreational lands and other common. areas, and utility and drainage systems, facilities, rights and casements, together with such other tracts of land which may be deeded or leased to the Master Association, or as to which case- ments, licenses or use rights may be granted to the Master Association, and designated in said deed, lease, easement, conveyance, license or other agreement as “Common Property," together with all improvements thereon and equipment, facilities and rights associated therewith or related thereto. The term “Common Property" shall also include any personal property acquired by the Master Association if said property is designated a Common Property. Al} Common Property is to be devoted to and intended for the common use and enjoyment of the Owners and resi- dents of Southwood and their guests, subject to the provisions of this Master Declaration, 1.08. "Community Service System" shall mean and refer to a system of facilities, installations, ownerships, rights, licenses, uses, improvements, equipment or fixtures devoted to and intended for the common use, bene£lt and enjoyment of the Owners and residents of Southwood, and their guests, whether in whole orin part deemed Common Property, or located within and being a part of a Component Community or otherwise. By way of explana- tion, and not limitation, a Community Service System may include a common drainage and storm water management system, bike paths, recreational facilities, private roads, facilities to provide utilities, street lighting, cable television and other con- munication services, administrative support programs, and where reasonably required for implementation of such systems, appropriate ownerships, interests, easements, Servitudes, licen- ses and other use rights throughout Southwood. ~~ 1.10 * Component Association" shall mean and refer to an association responsible for the operation and management of one or more Component Communities. 1.12. ‘Component Commmity'' shall mean and refer to a separate subdivision, condominium or other distinct and separate development of Lots within Southwood, In the absence of other delineation at the time of its creation, a Component Community shall be defined ag all those Lots or Parcels operated by a single Component Association, except that where a single Component Association operates more than one community, Component Community shall refer to each separate community operated thereby. 1.12 "Declarant" shall mean FIRST COMMONITIES CORPORATION, or its successors, assigns, nominees or designees, in whole or in part, as such Declarant. 1.12 "Declaration" shall mean and refer to this Master Declaration, including any amendments hereto and any Supplemental Master Declarations filed hereunder. The term "Declaration" shall have the same meaning as the term "Master Declaration”® and the term "Master Covenants." 41.14 "Delegate Member" shall mean and refer to those members of the Boards of Directors of Component Associations, or other desiqnated representatives of Component Associations, who are entitled to cast the votes of Regular Members at meetings of the Master Association in accordance with Article 3 and the By- Dawe.1.15 "Development Plan" shall mean and refer to the general Development Plan for Southwood as same now exists, and as it may from time to time hereafter be amended, 1.16 Lot" shall mean and refer to a discrete lot re- flected on a recorded subdivision plat o£ lands forming a part of Southwood and subject to this Declaration, or to a condominium unit within a condominium that is subject to this Declaration, The term “Lot” shall uot include any land that is Common Property. 1.17. “Member* shall mean and refer to every person OF entity who is qualified for membership pursuant to Article 3 of this Master Declaration. 1.18. “Owner® shall mean and refer to the single or multiple Owner of record of the fee simple title to any Lot or parcel, but excluding those having such interest merely as security for the performance of an obligation and excluding Declarant go leng as Declarant Membership continues. 1.19 “Parcel” shall mean and refer to any part of the property now or hereafter subjected te this Declaration other than Common Property, Lots, streets or roads or other lands owned by or dedicated to a governmental unit Of agency OF public uti- lity company, whether or not such Parcel is developed or undeve- loped without regard to the use or proposed use of such Parce}. Any Parcel, or part thereof, Eor which s subdivision plait has been filed of record or which has been submitted to condominium according to a recorded Declaration of Condominium shall, as to such portions, cease being considered part of such parcel, and shall thereafter be deemed Lois in accordance with such plat or condominium declaration, as appropriate. 1.20. “Southwood” shall mean and refer to ail of the land including Common Property, now or hereafter subject to this Master Declaration. ARTICLE 2 THE PROPERTY 2.01, Exigtiag Property. The ceal property which is subject to this Master Declaration is described on Exhibit A, attached hereto and made a part hereof.2.02.