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Filing # 57898980 E-Filed 06/16/2017 08:42:17 PM
CAPTIVA CONDOMINIUM “D” : IN THE CIRCUIT COURT OF THE
ASSOCIATION, INC., a : 11TH JUDICIAL CIRCUIT IN AND FOR
Florida not for profit : MIAMI-DADE COUNTY, FLORIDA
corporation, :
: GENERAL JURISDICTION DIVISION
Plaintiff, :
: CASE NO.:
vs. :
P.T. WORLDWIDE, COPR., a
dissolved Florida :
corporation, PABLO T. TARUD:
JAAR and CECILIA E. DURAN :;
DE TARUD, :
3 COMPLAINT FOR FORECLOSURE OF
Defendant(s). : CONDOMINIUM ASSOCIATION LIEN
: AND MONEY OWED
GENBRAL ALLEGATIONS
The Plaintiff, CAPTIVA CONDOMINIUM “D” ASSOCIATION, INC., a
Florida corporation not-for-profit, by and through its undersigned
attorney, hereby sues Defendant(s), P.T. WORLDWIDE, CORP., a dissolved
Florida corporation, PABLO T. TARUD JAAR and CECILIA E. DURAN DE TARUD,
and allege:
1. This is an action to foreclose a claim of lien for
condominium’ s assessments in accordance with Section 718.116, Florida
Statutes, against real property located in Miami-Dade County, Florida,
within the Court's jurisdiction.
2. The Plaintiff is a "Condominium Association" and a Florida
corporation, not-for-profit, operating under the provisions of Florida
Statutes, Chapter 718, and is doing business in Miami-Dade County,
Florida; whose purpose is to carry out its responsibilities pursuant
to that certain Declaration of Condominium at Captiva ™“D”
("Declaration"), as recorded in Official Records Book 19327, at page
3778, of the Public Records of Miami-Dade County, Florida.
3. The Defendant(s) is the fee simple owner of the following
described real property (the “Property"), to-wit:
Unit 208, CAPTIVA CONDOMINIUM D, a condominium according to
the Declaration thereof, as recorded in O.R. Book 19327,
Page 3778, of the Public Records of Miami-Dade County
Florida.
4. The Defendant is a member of the Plaintiff Association.5. Under Florida Statute, Chapter 718, Plaintiff is empowered
to make and collect assessments for common expenses against the
individual condominium parcels of Captiva Condominium “D” Association,
Inc., including Defendant’s unit.
COUNT I (LIEN FORECLOSURE
6. The Plaintiff re-alleges and re~adopts the allegations set
forth in Paragraphs 1 through 5 herein.
7. The Plaintiff, pursuant to the authority contained in
Article 11 and 12 of the Declaration and Article 7 of the By-Laws of
the Association, properly promulgated a Budget creating periodic
maintenance assessments, copies of which provisions are included in
Exhibit "A" of this Complaint.
8. Plaintiff has levied assessments for common expenses against
Defendant’s unit.
9. Since December, 2016, Defendant has failed to pay monthly
assessments as provided in the Declaration as they became due and
payable.
10. Asa result of the failure of the Defendant(s) to pay the
sums described in Paragraph 9 above, the Plaintiff, in accordance with
the authority contained in the Florida Statute, Chapter 718, and the
Declaration of the Association, filed a Claim of Lien against the
Property.
11. Plaintiff’s Claim of Lien was recorded on April 3, 2017, and
affects the real property located in Miami-Dade County, Florida. The
Claim of Lien can be found in Official Records Book 30480, Page 1231
of the Public Records of Miami-Dade County, Florida. A true and
correct copy of the Claim of Lien is attached and made a part hereof
as Exhibit “B.”
12. Defendant’s condominium assessments are delinquent and
Plaintiff is entitled to foreclose its claim of lien for condominium
assessments.
13. The sums due by Defendant, per the Claim of Lien through
April, 2017 is $2,436.18. Subsequent to the date of the lien, unpaid
monthly assessments have accrued and the amount owed as of the date
of this complaint is $3,076.18. The Plaintiff represents that from the
date of this complaint, unpaid monthly assessments will accrue of which
Defendant is responsible for.14. The Declaration of the Association and Section 718.116 of
the Florida Statutes, expressly provides that the Claim of Lien shall
secure all unpaid assessments, late fees, interest, costs and
reasonable attorney's fees that are due or may accrue subsequent to the
recording of the Claim of Lien and before entry of the final judgment
of foreclosure.
15. Plaintiff sent to Defendant, on or about February 21, 2017,
via certified mail, return receipt requested, a thirty (30) day notice
of intent to file a Claim of Lien for failure to pay the maintenance
assessments due to Plaintiff. This notice was set to owner’s last
known address. A true and correct copy of the thirty (30) day notice
of intent to file a claim of lien is attached and made a part hereof
as Exhibit "Cc."
16. Plaintiff, by and through its undersigned attorney, sent to
Defendant, on or about March 29, 2017, by certified mail, return
receipt requested, a thirty (30) day notice of intent to foreclose its
claim of lien. This notice was sent to owner’s last known address.
A true and correct copy of the thirty (30) day notice of intent to
foreclose claim of lien is attached and made a part hereof as Exhibit
mom
17. All of the conditions precedent to the prosecution of this
action have been fulfilled or have occurred.
18. The Claim of Lien of the Plaintiff is superior to any right,
title or interest in the Property of any Defendant(s) in this action
or any person cr entities claiming by, through or under them since the
institution of this suit.
19. The Plaintiff has engaged the services of the undersigned
attorneys and have agreed to pay them a reasonable fee for their
services inthis action. The Declaration provides that the Defendant
is responsible for payment of Plaintiff's reasonable attorneys' fees
and costs resulting from this action.
WHEREFORE, Plaintiff requests that:
(1) The Court will assume jurisdiction of the subject matter of
this action and of the named parties.
(2) The Court will ascertain the amount of money due Plaintiff
for the Claim cof Lien and all assessments levied by the Association
subsequent to the filing of the Claim of Lien, late charges,
abstracting, expenses and costs, including attorney's fees, that
Plaintiff is entitled to recover in this action plus interest thereon.(3) The Court decree that Plaintiff has a lien on the Property
described in the Claim cf Lien for the sum of money found to be due
Plaintiff.
cg! (4) If the sums due Plaintiff under the Claim of Lien are not
paid immediately, the Court shall foreclose the Claim of Lien in
accordance with the rules and established practice of the Court, and
the Clerk of the Court shall sell all of the above-mentioned Property
securing the indebtedness to satisfy Plaintiff's lien in accordance
with the provisions of Section 45.031, Florida Statutes.
{5) The Court decree that Plaintiff's Claim of Lien interests
are superior and paramount to all liens, rights, title and interest of
any Defendant(s}, or any party claiming by, through, under or against
any Defendant (s) named herein or hereafter made a Defendant(s) and that
the interests of such Defendant(s) be forever barred and foreclosed.
(6) The Court retains jurisdiction of this action in order to
make any and all further orders and judgments as may be necessary and
proper, including the issue of a writ of possession and the entry of
a deficiency decree, when and if such deficiency decree shall appear
proper.
(7) The Court grant such other and further relief as Plaintiff
may be entitled to receive.
COUNT IIT (MONEY OWED
20. The Plaintiff re-alleges and re-adopts the allegations set
forth in Paragraphs 1 through 5 herein.
2l. This is an action for money owed to the Plaintiff by the
Defendant(s) within the Court's jurisdiction.
22. The Defendant(s), as of the date of the complaint, owes the
Plaintiff the sum of $3,076.18, plus subsequently accruing late fees,
interest, assessments, court costs, and attorney's fees for unpaid
condominium assessments.
23. The Plaintiff has made demand for payment to Defendant (s)
but Defendant(s) has refused to make payment.
24, The Plaintiff has engaged the services of the undersigned
attorney and has agreed to pay him a reasonable fee for his services
inthis action. Article 11 and 12 of the Declaration provides that the
Defendant(s) is responsible for payment of Plaintiff's reasonable
attorneys' fees and costs resulting from this action.25, The notice required by the Fair Debt Collection Practices
Act 15 U.S.C. Section 1601 as amended, is attached hereto as
Exhibit "E."
WHEREFORE, Plaintiff respectfully requests this Honorable Court
to take jurisdiction over this cause and enter a judgment against
Defendant (s) for all sums due Plaintiff with interest, award costs and
attorney's fees and provide such further relief as this Court deems
just and proper.
Respectfully submitted on this _16th_ day of _June_, _2017 .
CARLOS A. TRIAY, ESQUI
Florida Bar No. 37396
P.O. Box 227010
Miami, Florida 33122
Telephone: (305) 597-8944
Email 1: catpleadings@gmail.com
Email 2: catesther@cattriay.comHE: 19327103778
PREPARED BY AND RETURN TO:
PATRICIA KIMBALL FLETCHER, ESQ.
PATRICIA KIMBALL FLETCHER. P.A.
DUANE MORRIS & HECKSCHER LLP CORSO2249 2000 ocr 18 13041
200 SOUTH BISCAYNE BOULEVARD, SUITE 3410
MIAMI, FLORIDA 33131
DECLARATION OF CONDOMINIUM
FOR
CAPTIVA CONDOMINIUM D
TABLE OF CONTENTS
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Any such additions, alterations, or improvements to such Common Elements or any part thereof
costing in the aggregate of Five Thousand Dollars ($5,000.00) or less in a calendar year may be made
by Association without approval of the Unit Owners. ‘The cost-and expense of any such additions,
alterations or improvements to such Common Elements shall constitute 0 part of the Common
Expenses and shall be assessed to the Unit Owners as Common Expenses. The dollar cap provided
in this Section shall be adjusted annually to take into account changes in the cost of living as reflected
in any nationally available Consumer Price Index sclected by the Board.
9.4, Alterations by Developer, As tong us Developer ahall own at east one Unit in the
Condominium, Developer shall have the right, without the vote or consent of Association to:
9.4.1. Make structural and non-steuctural changes, alterations, additions, or
improvements in and to the Units owned by Developer and to change the interior design and
arrangement of Developer-owned Units; and
9.4.2. Change the size und/or number of Developer's Units by combining all or part
of two or more Developer's Units or by subdividing one or more Developer's Units (including any
Units resulting from the prior combination of two or more of Developer's Units) or otherwise, and to
reapportion among the affected Developer Units their appurtenunt undivided interest i the Common
Elements all only to the extent permitted by and according to the procedures provided in the
Condominium Act. Any change in the number or size of Developer's Units and any reapportionment
of that appurtenant undivided interest in the Common Elements shall he teflected by an Amendment
to this Declaration which shall cofitain a survey reflecting the change.
Associution; Power and Duti mitation ib
the entity sesponsibte for the operation of the Condominium.
The powers and dutics of Association shall include those set forth in the Articles and By-Laws.
Notwithstanding the duty of Association to maintain and repair parts of the Condominium Property,
Association shail not be Hable to Unit Owners for injury os damage. Association's liability is limited
to the cost of muintenance and repair.
\1, Asseasments. Association hus been granted the right to make, levy and collect Assessments
against the Owners of all Units to provide the funds necessary for proper operation and management
of the Condominium. The following provisions shall govern the making, levying and collecting of
such Assessments for Common Expenses, and the payment of the coats and expenses of operating and
managing the Coridominium by Association.
U1. Detesmination of Assessments. The Board shall from time to time, and at least
annually, prepare a budget for the Condominium, determine the amount of Assessments payable by
the Unit Owners to meet the Common Expenses of the Condominium, and allocate and esscas such
expenses among the Unit Owners in accordance with the provisions of this Declaration and the By-
Laws. Each Unit Owner shall be liable for his or her share of a! Common Expenses which shall be
In the same percentage os his or her ownership of the Common Elements.
11.2. Associntion as Unit Owner. Should Association become the Unit Owner of a Unit, the
Assessment which would otherwise be duc and payable to Association by the Unit Owner of such
Unit, reduced by an amount of income which may be derived from the Sensing of auch Unit by
Association, shall be apportioned and the Assessment therefor levied ratably among the Owners of
all Unite which are not owned by Association, based upon theit proportionate interests in the Common
Elements exclusive of the interests thercin appurtenant to the Unit owned by Association.
11.3. ‘Time forPayment. The Assessment for Common Expenses levied against the Owner
of cach Unit and his Unit shail be payable in annual, quarterly, monthly, or such other installments
and at such time as shall from time {o time be fixed by the Board.
11.4, Annus] Budget. The Board shall, in accordance with the By-Laws of Association,
establish an annual budget in advance for cach fiscal year, which shall correspond to the citlendar ycar,
which shall estimate all expenses for the forthcoming yoar required for the proper operation,
management and maintenance of the Condominium and all property owned by Association, including,
mancaannny 14
1g of ISIte 193273797
to the extent required by law or when decmed Necessary or advisable by the Board, a reasonible
allowance for contingencies and reserves, and shall ‘estimate all income to be collected during the year,
Upon adoption of cach annual budget by the Board, copies thereof shall be delivered to cach Unit
Owner, and the Astessment for the year shall be based upon such Budget: provided, that failure to
deliver a copy of the Budget to a Unit Owner shall not affect the liability of such Owner for such
Assessment, Should the Board at any time and from time to time determine, in the sole discretion of
the Board, that the Arsersments levied are or may prave to be insufficient to pay the costs of operation
and managoment of the Condominium, or in the evert of emergencies, the Board shall have the
authority to levy such additional Assessment or Assessments aa it shall deem necessary. Any ‘budget
adopted shall be subject to change to cover actual expenses ot any time. Any such change shall be
adopted consistent with the provisions of the By-Laws. Additionally, the charges for
Telecommunication Services, if any, to be Provided to all of the Units of the Condominium, shall be
deemed to be a Common Expense, The Board, in determining the amount of the Assessments payable
by the Unit Owners, shall be authorized to include such charges for Telecommunication Services in
the estimated operating budget for the Condominium. Accordingly, (he provisions contained in
Section 12 of this Declaration with respect to the collection of Assessments shall be applicable tothe
charges for Telecommunication Services,
11.5. Reserve Funds. The Bonrd. in establishing cach annual budget, shal! include therein,
sums to be collected and maintained aso reserve funds for the repair and replacement of Common
Elements and personal property held for the joint use and benefit of the Owners of all Units ss
tequired by the Act. Developer reserves the right t0 vote to waive reserves or reduce the funding of
reserves up to the first two (2) years of operation af Association.
11.6. Special Assesements, The specific purpose or purposes of any Special Assessment
approved in accordance with this Declaration, Articles, or By-Laws shail be set forth in a weitien
notice of such Special Assessment sent or delivered to cach Unit Owner, The funds collected pursuant
to a Special Asscsrment shall be used only for the specific purpose or purposes set forth in auch
notice, or returned to the Unit Owners. However, upon completion of such specific purpose or
Purposes, any excess funds shall be considered Common Surplus.
Use Fees. The Board has the right, but not un obligation, to establish use fees ("Use
11.7,
Fees") from time to time for any of the following items:
11.7.1. the exclusive use of any portion of the Common Elements.
11.7.2. services of the concierge.
11.7.3, the cost of transportation provided to Unit Owners, tenants, and guests,
Alternatively, the Board may clect not to charge Use Fees and include the costs of all or any of the
foregoing in Corhmon Expenses, which will then be shared by all Unit Owners in accordance with
their percentoge interest in the Common Elements.
12. Collection of Assessments.
(2.1. Delinquency or Default. The payment of any charges or Assessment or installment
thereof duc to Association shall be in default if not paid to Association on or before the dale due.
When in default, the delinquent charges, Assessments or installments thereof shall bear interest at the
highest rate permissible by law until the game, and all interest due thereon, has been paid in full.
12.2, Personal Liability of Unit Owner. The Owner(s) of cach Unit shall be personally
liable, Jointly and severally, as the case may'be, to Association for the payment of all charges for
Assessments for Common Expenses, regulur or special, interest on such delinquent charges,
Assessments or installments thereof as above provided, and for-all costs of collecting the charges,
Assessments and interest thereon, including reasonable attomeys' and paraprofessional fees and costs,
(atthe trial and appellate levels), whether suit be brought or not, levied or otherwise coming due while
such person(s) or entity own(s) 9 Unit,
mayenss 1932783798
12.3. Liabi ice . No Owner of a Unit may exempt himself from liability
for any Assessment or charge levied aguinsl such Owner and his or her Unit by waiver of the use or
enjoyment of any of the Common Elements, Limited Common Elements, or Property owned by
Association, or hy abandonment of the Unit, or in any other nianner.
12.4. Lien for Assessment. Association is herehy granted a tien upon cach Unit and its
Appurtenunt undivided interest: in Common Elements and upon any Limited Common Elements
appurtenant fo any such Unit, which lien shall und does secure the monies duc for all: (1)
Assessments levied against the Unit and the Owner(s); thereof, and (2) interest. if any, which may
become due on delinquent Assessments or charges awing to Association, and (3) costs and expenses,
including actual attomeys' fees and paraprofessional fees and costs, (ut the trial and appellate levels),
which may be incurred by Association in enforcing its lien upon the Unit and its appurtenances, The
Nien granted to Association may be established and foreclised in the Circuit Court in and for the
County, and in any suit for the foreclosure of such tien, the Owner may be required by the Court in
its discretion to pay to Association reasonable rent for the Unit if the Owner remains in possession
after a foreclosure judgment is entered, and Association shall be entitled to the appointment of a
Receiver for such Unit if the Unit ix rented of leased during the pendency of the foreclosure action.
‘The lien of Association shall also secure all udvances for toxes, and Payments on account of superior
mortgages. liens or encumbrances made by Association to preserve and protect its lien, together with
inlerest at the highest rate permitted by law on all such advances made for such purpose, and shall
relate back (o the date upon which this Declaration was recorded. No foreclosure judgment may be
entered against 1 Unit Owner until at leust thirty (30) days ufter Associntion gives written notice to
the Unit Owner of its intention to foreclose #ts lien to collect the unpaid Axsessmenta and/or charges.
Tf this notice is not given at least thirty (30) days before the foreclosure uction is filed, ond if the
unpaid Assessments and/ot charges, including those coming due after the claim of lien is recorded,
are paid before the entry of a final judgment of foreclosure, Association may not recover attorney's
fees or costs. ‘The natice must be given by delivery of a copy of it to she Unit Owner or by cerlified.
mail, return receipt requested, addressed to the Unit Owner, {f after diligent search and inquiry
Association cannot find the Unit Owner ora mailing address at which the Unit Owner will receive the
Notice, the court may procecd with the foreclosure sution and may award attomeys’ und
paraprofessional fees and costs us permitted by law. The notice requirements of this Section are
satisfied if the Unit Owner records a Notice of Contest of Lien as provided in the Act.
12.5. Recording and Priority of Lien. The lien of Association shull be effective from and
after recording in the Public Records of Miami-Dade County a claim of licn stating the description
of the Unit encumbered thereby, the name of the record Unit Owner, the name and address of
Association, the amount and the date when due, and shall continue forone year unless within that time
an action to enforce the Hen is commenced in a court of competent jurisdiction, in which case the lien
shall continue until such action is brought to completion. Such cloims of lien shall include only
Asscesments and charges which are dud und payable when the claim of licn is recorded, plus interest,
costs, attomeys’ and paraprofessional fees, udvances to pay taxes and prior encumbrances and interest
thereon, all ag above provided, Such claims of licn shall be signed and verified by an officer or agent
of Association. Upon full payment of all sums secured by such cinim of lien, the same shall be
satisfied of record. The lien of Association shai! be subordinate {o the lien of any mortgage or any
other tien recorded prior to the time of recording Assoctation's claim of He except that the lien of
Association for tax or special assessment advances made by Association where any taxing authority
having Jurisdiction levies any tax or special assessment against the Condominium os an entirety
instead of levying the same against cach Unit and its appurtenant undivided interests in Common
Elements, shall be prior in lien, right and dignity to the lien of all mortgages, liens and encumbrances,
whether or not recorded prior 10 Association's claim of lien therefor, und Assaciation's claim of lien
for collection of such portion of any tux or special assessment shall specifically designate that the
same secures an Asscssment tevied pursuant to this Declaration.
12.6. Effect of Foreclosure or Judicial Sule. Subject to the provisions of Section 12.9 hereof,
a Unit Owner, regardless of how title has been ucquired, including by purchase at a foreclosure sale
or by deed in licu of foreclosure, is liable for all ussessments which come due while he or she is the
Unit Owner, and is also jointly and severally tiable with the previous Unit Owner for all unpaid
assessments that came duc up to the time of trunsfer of title. This liability is without prejudice to an: iy
nsennie.t 16
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a
tight the current Unit Owner may have to recover fron the previous Unit Owner the amounts paid by
the current Unit Owner.
12.7, When an Ownor of any Unit proposes to lease, sell or
mortgage the sume in compliance with other provisions of this Declaration, Association, upon written
fequest of the Owner of such Unit, shall furnish to the proposed lessee, purchaser of mortgages, o
statement verifying the status of payment of any Assessment or charge which shall be duc and payable
to Association by the Owner of such Unit. Such statement shall be executed by any officer of
Association and any lessee, purchuser or mortgagee may rely upon such statement in concluding the
Proposed lense, purchase or mortgage trunsaction, and Association shall be bound by such statement,
In the event that Unit is tobe lensed, sald or: mortgaged at the ime when payment of any Assessment
or charge against the Owner of the Unit and the Unit which is due to Association shall be in ‘default
(whether or not a claim of lien has been recorded by Association) then the rent, Proceeds of such sale
or mortgage proceeds, as the casc may be, shall be applied by the lessee, purchaser or mortgagee first
10 payment of any then delinquent Asscssment or charge or installment thercof duc to Associution
before payment of the balance of such rent, proceeds of sule or mottgage to the Owner of the Unit
responsible for payment of such delinquent Asstssment. In any voluntary conveyance of a Unit, the
Brantec shall be jointly and severally Hable with the grantor for all unpaid Assessments and charges
against the grantor made prior to the time of such voluntary conveyance, without prejudice to the
Tights of the grantee to recover from the grantor the amounts paid by the grantec therefor.
12.8. No Election of Remedies. Institution of » suit ut taw to attempt to effect collection of
the payment of any delinquent Assessment of charge shall not be deemed to be an election by
Association which shall prevent it from thereafter secking enforcement of the collection of any sums
remaining owing to it by foreclosure, nor shall proceeding by foreclosure to attempt to effect such
collection be deemed to be an election precluding the institution of suit at law to altempt to effect
collection of any sum then remaining owing to it.
12.9. First Mongugess.
12.9.1. The Ilubility of a first mortgagee or its successor or assignecs who acquire title
toa Unit by foreclosure or by decd in fieu of foreclosure for the unpaid Assessments that became duc
Prior to the mortgagee's acquisition of title is limited to the lesser of: (i) the Unit's: unpaid Common
Expenses and regular periodic Assessments which accrucd or came due during the six (6) months
+ immediately preceding the acquisition of title and for which payment in full has not yet been received
by Association; or (1#) one percent (1%) of the original mortgage debt. The provisions of this Section
shall not apply untcss the first mortgagee joins Association as a defendant in the foreclosure action.
Joinder of Association is not required if, on the date the complaint is filed, Association was dissolved
or did not maintain an office or agent for service of process ata location which was known to, or
feasonably discoverable by the first mortgages.
12.9.2, The first mortgagee or its successor or assignees acquiring title shall pay the
amount owed to Association within thiny (30) days after transfer of title. Failure to pay the full
amount when due shall entitle Association to record a claim of lien against the Unit and proceed in
the same manner as provided in this Section for the collection of unpaid Assessmenta.
12.9.3. The provisions of this subsection are intended to clarify existing law, and shall
not be available to shield a first mortgagec from liability for Assessments in any cas¢ where the ‘unpaid
Aasessments sought to be recovered by Association are secured by a li¢n recorded prior to the
recording of the mortgage.
12.9.4. In the event of the acquisition of title to a Unit by foreclosure or judicial sale
or by deed In fieu of foreclosure, any Assessment or changes as to which the party so acquiring title
shall not be liable shall be absorbed and paid by Unit Owners as a part of the Common Expense,
although nothing herein contained shall be construed as releasing the party personally lable for such
delinquent Assessment from the payment thereof or the enforcement of collection of such payment -
by means other than foreclosure, .
12.10. Developer's Linbility for Assessments.
wera 17.a (3273600 /
12.101, Developer shall be excused from the ‘payment of the share of the Common
Expenses and Assessments relating to Units it is offering for sale, for a period beginning with the
recarding of this Declaration and ending the earlier of the date upon which Unit Owners control the Board
Qf one year from the first day of the following month in which the Certificate of | Occupancy is issued (the
" irs "), provided that the regular monthly Assessments for Common Expenses
equally imposed on each Unit Owner other than Developer shall not increase during such period over
$143.97 and provided further that Developer shall be obligated to pay any amount of Common Expenses
actually incurred during such period and not Produced by the Assessments ot the guaranteed tevel
receivable from Unit Owners. The period that Developer is excused from the payment of the share of
Common Expenses and Assessments relating ta Units it is offering for sale may be unilaterally extended
by Developer for one or mare successive periods of onc year each until such time as. Developer does not
own any Units in the Condominium.
12.10.2. No funds receivable from Unit purchasers or Owners payable to
Association or collected by Developer on behalf of Association, other than regular periodic
Assessments for Common Expenses as Provided in thia Declaration and disclosed in the Estimated
Operating Budget for the first twelve (12) months of ‘operation contained In the Offering Circular
(Prospectus) delivered to such Unit purchaser or Owner when such Unit purchaser or Owner
contracted ta purchase the Unit, if sipplicable, shall be used for puyment of Common Expenses prior
to the Guarantee Expiration Date. This restriction shall apply (o funds including, but not limited to,
capital contributions of start-up funds collected from Unit purchasers at closing,
12.11. Possession of Unit. Subject to Association's tights under this Declaration and under
law, any person who acquires un interest inn Unit, except Institutional First Mortgagees through
foreclosure of a first mortgage of record (or deed in fieu thereof), including, without limitation,
persons acquiring title by operation of law, shall be entitled to. occupancy of the Unit and enjoyment
of the Common Elements, .
12,12. j : Association shall provide a certificate slating all
Assessments, Special Assessments and other moneys owed tv Association by the Unit Owner with
Fespect to the Condominium Parcel, within fifteen (15) days after requost by a Unit Owner or
Institutional First Mortgagee.
13, Insurance. Insurance covering portions of the Condominium Properly shall be governed by
the following provisions:
13.1. Insurance Trustee. At any time the Board shall have the ‘option to appoint a bank or
{rust company in Florida with trust powers to act as its insurance trustee ("Insurance Trustee")
hereunder. The Insurance Trustee and Association shall enter into a written agreement outlining the
duties and obligations of the Insurance Trustee and Association with respect to the requirements of
this Declaration. The Insurance Trustec (if appointed) shall not be table for payment of insurance
Premiums, nor for the renewal or the sufficiency of insurance policies nor for the failure to collect any
insurance proceeds. If Associution does not sppoint an Insurance Trustee, Association will perform
directly all obligations imposed upon such Insurance Trustee by this Declaration. The sole duty of
the Insurance Trustce shall be to recelve such proceeds of property Insurance as are paid and to hold
the same in trust for the purposes herein stated, and for the benefit of Association, Unit Owners and
their respective mortgagees, to be disbursed as herein provided. Association shall pay a reasonable
feo to the Insurance Trustce for services rendered hereunder and shall Pay such costs and expenses as
the Insurance Trustee may incur in the performance of its duties hereunder; such fees and costs to be
sasesscd against and collected from Unit Owners as a Common Expense. The Insurance Trustee shall
be linble only for its willful misconduct or gross negtigence, and then only for such money as may
come into the possession of the Insurance Trustee.
13.2. Nomed Insured. The named insured shall be Association, individually, and as agent
for Unit Owners covered by the policy, without naming them and as agent for their mortgagecs,
without naming them. The Unit Owners and their mortgagees shall be additional insured.
13.2.1. Custody of Policies and Payment of Proceeds. All policies shall provide that
payments for losses made by (he Insurer shall be paid to the Insurance Trustee (if appointed), of to
manvenegy 18
23 of 13)CFN; 20170184248 BOOK 30480 PAGE 1231
DATE:04/03/2017 02:27:28 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY,
Prepared by:
CARLOS A. TRIAY, ESQ,
P.O, BOX 227010 i
MIAMI, FL 33122
STATE OF FLORIDA
County of Miami-Dade. i
CLAIM OF LIEN
Captiva Condominium D Association, Inc,
c/o Miami Management, Inc., 14275 8,W. 142 Avenue, Miami, Florida 33186
a Florida not for profit corporation, in pursuance to the Declaration recorded in |
Official Records of the Public Records of Miami-Dade County, Florida, does i
hereby file this Claim a Lien against the following real property in Miami-Dade i
‘County, Florida:
i
Unit No. 208, of CAPTIVA CONDOMINIUM D, a Condominium, according to |
the Declaration thereof, as recorded in O.R. Book 19327, Page 3778, of the Public
Records of Miami-Dade County, Florida. |
!
i
AMKIA: 10720 N.W. 66 Street, #208, Miami, FL 33178
OWNED BY: P.T. Worldwide, Corp, & Pablo T. Tarad Jaar & Cecilia E,
Duran De Tarud
said Lien is claimed due to the failure of the owner to pay the following assessments:
Denia ‘avomt Mau Tid ;
Maintexance fev 12/2016 5 52000 1 s s70.00 i
Mainteraton oa 12017 1 42017 3 32000 + ‘$1280.00, !
dete VAT $s 1 S800 i
Msioot tte nee 7 $ mo 1 8 s08
censt mal ee som 2 $s Mo
Ia oh 32017 $0
“ie wh kanye S600
ete (et dy end pen fheen ig hn) $n .
aside one dMactaveun eases = mo
Frprordavedt ot 5 300
nt a sop 2s De
and alt further sums that shall become due an unpaid subsoquent to the filing of
this Lien.
In addition to the unpaid assessments, the Lien shall also secure the payment of all
interest due on the unpaid assessment computed at the rate permitted by the
Declaration of the Association from the date of the assessment until paid in full, as
well as the payment of all costs and a reasonable attorney's fee incurred by the
Association in comection with the collection of unpaid assessments and interest.
Captiva Condominium D Association,
The.
BY
CARLOS A. Y, as attorney
P.O. BOX 227010
Miami, FL 33122
~ foregoing instrument was acknowledged before me on March 29, 2017 by
gy, who is personally
wegen et NOTARY PUBLIC
i seat a
eed Tru Hoary Patie eer H My ssion :
ACCOUNT NO.: 1692-14208 3 of 3
eMeHRrt Bb"NOTICE OF INTENT TO RECORD A CLAIM OF LIEN
February 24, 2017 Sent Via Regular and Certified Mail
To: Pablo Tarud Property Address:
Carrera 51 # 79-296 Apt 3 10720 NW 66 ST # 208 1
Barranquilla Colombia |
i
Captiva "D" Condo Assoc. Inc. Total Amount Due: $1,029.00
Re: Account Number: 1692-144208
The following amounts are currently due on your account to: Captiva "D" Condo Assoc. Inc., and must be paid |
within Thirty (30) days from receipt of this letter. This letter shall serve as the association's notice of intent to |
record a Claim of Lien against your property no sooner than Thirty (30) days from receipt of this letter, unless |
you pay in full the amounts set forth below:
CHARGE DATE DESCRIPTION AMOUNT
12/1/2016 Assessment $320.00
41/2017 Assessment $320.00
4126/2017 Past Due Notice Charge $5.00
2/16/2017 ACH Account Frozen B#72 $320.00
2/24/2017 Notice-Intent to Lien Charge $50.00
2/21/2017 Certified Charge to Unit $7.00
2/21/2017 Cartiled Charge to Mailing $7.00
Eth bor ec”
1692-144208 2/21/2017Any and all payments will be first applied to interest, administrative and late fee costs, attorney's fees,
and last to the delinquent assessments, pursuant to F.S. 718.
IF YOU FAIL TO PAY IN "FULL", WITHIN Thirty (30) DAYS OF RECEIPT OF THIS LETTER, the
above mentioned amounts, plus all interest, late charges, attorney's fees, special assessments and regular
assessments accruing from the date of this letter, the Association shall have no alternative but to file a claim
of LIEN against your unit.
All costs including interest and attorney's fees incurred recovering your past due account will be paid by you.
If your unit Is fiened, there will be additional attorney's fees and costs added to the outstanding balance.
Additionally, if the account including maintenance fees, attorney's fees and interest is not paid in full within
Thirty (30) days from the date of the lien being filed, foreclosure proceedings will be instituted.
Account balance shall bear interest at the highest rate allowed by law.
Please remit your payment as follows:
Captiva "D" Condo Assoc. Inc.
C/O MMI Payment Processing Center
14275 SW 142 Avenue
Miaml FL 33186
You can access your account online at www.miamimanagement.com. You may be eligible to pay online with
e-check and/or credit card through our secure web-site. Otherwise, please contact the owner's account
research department at 305-259-1400 or our toll free number at 1-800-273-4603 ( option 3 ), An owner
account representative will be glad to discuss the status of your account. If you have already sent a payment
nat including the additional accrued charges stated above, you must send the balance due within Thirty (30)
days from receipt of this letter.
FOR THE BOARD OF DIRECTORS
Captiva "D™ Condo Assoc. Inc.
1692-144208 212112017USPS CERTIFIED MAIL
“ME itl
9214 8901 4121 9050 2208 88
we Tarud, Pablo
10720 NW 66 ST #208
Miami FL $3178
UH OVT"C”February 21, 2017
To: Tarud, Pablo
10720 NW 66 ST # 208
Miami FL 33178
Captiva "D" Condo Assac. Inc.
Rei Account Number:
¥692-144208
Sent Via Regular and Certified Mail
Property Address:
10720 NW 66 ST # 208
Total Amount Due : $1,029.00
The following amounts are currently due on your account to: Captiva "D" Condo Assoc. Inc., and must be pald
within Thirty (36) days from recelpt of this letter, This letter shall serve as the assuciation’s notice of iritent to
record a Clatm of Lien against your property no sooner than Thirty (30) days from recelpt of this letter, unless
you pay In full the amounts set forth below:
GHARGE DATE DESCRIPTION AMOUNT
- 421172016 Assestitnt $320.00
4112017 Assessment $320.00
262017 Past Due Notice Charge $5.00
26/2017 ACH Account Frozen B#72 $320.00
22112017 Notice-tntent to Lien Charge $50.00
22112017 Certified Charge to Unit $7.00
21212017 Certified Charge to Mailing $7.00
4692-144208 2/24/2017Any and‘all payments will be first applied to Interest, administrative and late fee costs, attorney's fees,
and last to the delinquent assessments, pursuant to F.S. 718,
IF YOU FAY. TO PAY IN “FULL", WITHIN Thirty (36) DAYS OF RECEIPT OF THIS: LETTER, the
above mentioned amounts, plus all interest, late charges, attorney's fees, special assessments and regular
assessments accruing from the date of this letter, the Association shall have no alternative but to file a claim
of LIEN against your unit.
All costs including: Interest and attorney's fees Incurred recovering your past due account will be paid by you.
If your unit Is Hened, there will be additional attorney's fees and costs added to the outstanding balance.
Additionally, If the aecount Including maintenance fees, attorney's fees and interest is not pad in full within
Thirty (30) days from the date of the lien baing filed, foreclosure proceedings will be Instituted.
Account balance shai] bear interest at the highest rate allowed by law.
Please remit your payment as follows:
Captiva "D" Condo Assoc. Inc.
C/O MMI Payment Proessing Center
14275 SW 142 Avenue
Miami FL 33186
You ean access your account online at www.mlamimanagement.com. You may be eligible to pay: online with
echeck and/or credit card through our secure webrsite. Otherwise, please contact the owner's account
research department at 305-259-1400 or our toll free number at 1-800-273-4603 ( option 3 ). An owner
account representative will be glad to discuss the status of your account. If you have already sent'a payment
not including the additional aectued charges stated above, you must send the balance due within Thirty (30)
days from récéipt of this letter.
FOR THE BOARD OF DIRECTORS
Captiva "D" Condo Assoc. inc.
4692-144208 22112017THE LAW OFFICE OF
CARLOS A. TRIAY, P.A.
PLEASE REPLY TO:
post Onion BO 27010 2301 N.W. 87TH AVENUE TEL (0s) 39n8044
MIAMI, FLORIDA 33122, SUITE 501 FAX (305) 597-8995. i
. DORAL, FLORIDA 33172
March 29, 2017
P.T. Worldwide, Corp. & Pablo T. Tarud Jaar &
Cecilia E. Duran De Tarud
Carrera 51 # 79-296 Apt 3
Barranquilla Colombia
RE:
UNIT ADDRESS: 10720N.W, 66 Street, #208
Miami, FL 33178
ACCOUNTNO.; —1692-144208
UNIT OWNER: P.T. Worldwide, Corp. & Pablo T. Tarud Jaar & Cecilia E, Duran De
Tarud
1
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ASSOCIATION: Captiva Condominium D Association, Inc. |
|
This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the
assessments to Captiva Condominium D Association, Inc. The association intends to foreclose the lien and
collect the unpaid amount within THIRTY (30) days of this letter being provided to you. You owe interest
accruing from December, 2016 to the present. As of the date of this letter, the total amount due with interest is
$2,436.18. All costs of any action and interest from this day forward will also be charged to your account.
In ‘order to satisfy the Lien through the date of filing, you must forward your cashier's check or money order
payable to CARLOS A. TRIAY, P.A., TRUST ACCOUNT, to our office at the above letterhead address in the
amount stated below. Any partial payments will be first applied to interest, then to late fees, then to costs and
attorney's fees, and last to the delinquent assessments, pursuant to F.S. 718.116(3). Any questions concerning '
this matter should be directed to our office at the address and phone number provided above. '
‘Maintenance fom 12/2016 3 320.00 1 S 320.00
‘Maimeaance from 1/2017 to 4/2017 S$ 320.00 4 S 1280.00
Past dug notica 1/26/17 $ 5.00 1 s 5.00
Notice of Intent to Lien 2/21/17, s 50,00 1 s 30.00
‘Certified mall fee for Notice s 7.00 2 s 14.00
‘Imorost through 3/2017 3 24,00
“ile seare and ity eviow 3 3500
Attorney's foes (this aenuat is solely dependent apoa no further action boing taken) S$ Goo.00
Recording/PostageMiscellancons oxpouses $ 70.00
Prepare release of lien Ss 2500
Conied anil fen Ss 4 2 § 4B i
TOTAL $ 2,0618
1 of 3
C30 4H2avT “IDTHE LAW OFFICE OF
CARLOS A. TRIAY, P.A.
INGS ONLY: PLEASE REPLY TO:
ee No zo7ot0 2301 N.W. 87TH AVENUE
‘MIAMI, FLORIDA 33122 SUITE 501 ‘TEL (05) 597-8944
DORAL, FLORIDA 33172 FAX (205) 597-8095.
3/29/17
Please contact our office to update your payoff am nc receive this letter.
If YOU HAVE FILED A BANKRUPTCY, IT IS IMPORTANT THAT YOU PROVIDE THE UNDERSIGNED A COPY
OF THE DOCUMENTS RELATED TO YOUR BANKRUPTCY,
This is an attempt.to collect a debt by a debt collector and any information obteined will be used for that purpose. If you
notify this office in writing within the thirty day period that the amounts due or any portion thereof is disputed, this office will
obtain verification of the amount due and verification will be mailed to you by this office.
Very truly yours,
Carlés A Triay
2o0f3
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'
\
|NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
The following notice is provided in the event that a court of competent jurisdiction. determines that the
requirements of 15 U.S.C. § 1687 apply to these matters:
1, Please see letier attached for amount currently due.
2. The amounts are owed to:
Captiva Condominium D Association, Inc.
3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this
notice, the debt will be assumed to be valid by the debt collector.
4, If you notify Carlos A. Triay, P.A., in writing, within that 30 day period, that the debt, or any portion
thereof, is disputed, Carlos A. Triay, P.A. will obtain verification of the debt or a copy of the judgment
against you and a copy of such verification or judgment will be mailed to you. (We will suspend
collection efforts until we have provided this information to you.)
5. Captiva Condominium D Association, Inc.
has not assigned any rights to this obligation. Send any notice to concerning the above mentioned rights
to:
Catlos A. Triay, P.A,
P.O. Box 227010
Miami, FL 33122
(305) 597-8944
Fax (305) 597-8995
In accordance with the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) we are required to
state that this document is an attempt to collect a debt, and any information obtained will be used for
that purpose.
Special Notice to Borrowers who have been discharged in bankruptcy:
If your debt has been discharged by a Bankruptcy Court, this firm und its client are NOT attempting to collect a
debt from you. We are only attempting to enforce our client’s rights in the property. Those rights are created by
the Declaration of the Association.
JT IS STRONGLY RECOMMENDED THAT YOU
OBTAIN THE ADVICE OF LEGAL COUNSEL -
|THE LAW OFFICE OF
CARLOS A. TRIAY, P.A.
. PLEASE REPLY TO:
post ONES BOR 27010 2301 N.W. 87TH AVENUE FAX G0) 59-998
‘MIAMI, FLORIDA 33122 . SUITE 501
DORAJ., FLORIDA 33172
March 29, 2017
CERTIFIED MAIL
P,T. Worldwide, Corp. & - RETURN RECEIPT REQUESTED:
Pablo T. Tarud Jaar & Cecilia 7016 2070 0000 2828 6830
E. Duran De Tarud (copy via regular mail)
P.O. Box 266221
Weston, FL 33326
RE:
ASSOCIATION: Captiva Condominium D Association, Inc.
UNIT ADDRESS: 10720N.W. 66 Street, #208
Miami, FL 33178
ACCOUNT NO.: —1692-144208
UNIT OWNER: | P.T. Worldwide, Corp. & Pablo T. Tarud Jaar & Cecilia E.
Duran De Tarud.
This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the
assessments to Captiva Condominium D Association, Inc. The association intends to foreclose the lien and
collect the unpaid amount within THIRTY (30) days of this letter being provided to you. You owe interest
accruing from December, 2016 to the present. As of the date of this letter, the total amount due with interest is
$2,436.18. All costs of any action and interest from this day forward will also be charged to your account.
In order to satisfy the Lien through the date of filing, you must forward your cashier's check or money order
payable to CARLOS A. TRIAY, P.A., TRUST ACCOUNT, to our office at the above letterhead address in the
amount stated below. Any partial payments will be first applied to interest, then to late fees, then to costs and
altorney's fees, atid last to the delinquent assessments, pursuant to F.S. 718.116(3), Any questions concerning
this matter should be directed to our office at the address and phone number provided above.
‘Desziption: Amount = Monthe ~~ atl
‘Maimaranee from 12/2016 $ 32000 1 S 320.00
‘Maintenance from 1/2017 t0 4/2917 $ 32000 4 $1,280.00
‘Past due action 26/17 s 500 1 s 5.00
‘Notice of Intent to Lien 2721/57 S$ 50,00 2 S$ $0.00
Centified mall fee for Notice: Ss 700 2 Ss 14.00
Tnterest through 3/2017 5 24.00
‘Tis search and attomey review Ss 35.00
Attorney's fees (this amount is solely deaondent upon no further action being tks) S$ 600.00
‘Reconding/Postage’MisceDaneous expeuses Ss 70,00
‘Prepare release af Hen S$ 25.00
Certified mail fee $659 2 Ss 8
TOTAL 3 243618
1of3
Eun ato”THE LAW OFFICE OF
CARLOS A. TRIAY, P.A.
PLEASE REPLY TO:
voor OFFICE BOX 227010 2301 N.W. 87TH AVENUE TAL 0s) 597.9046
‘MIAMI, FLORIDA 33122 SUITE 501 FAX (205) 597-8995
DORAL, FLORIDA 33172. °
3/29/17
lease ci ur office to update your payoff amount ¢ you receive this :
IF YOU HAVE FILED A BANKRUPTCY, IT IS IMPORTANT THAT YOU PROVIDE THE UNDERSIGNED A COPY
OF THE DOCUMENTS RELATED TO YOUR BANKRUPTCY,
This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. If you
notify this office in writing within the thirty day period that the amounts due or any portion thereof is disputed, this office will
obtain verification of the amount due and verification will be mailed to you by this office,
Very truly yodts,
Carlos“A. Trlay
7OLL 2070 0000 2424 6830
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20f3NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
The following notice is provided in the event that a court of competent jurisdiction determines that the
requirements of 15 U.S.C. § 1687 apply to these matters:
1. Please see letter attached for amount currently due.
2. The amounts are owed to:
Captiva Condominium D Association, Inc,
3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this
notice, the debt will be assumed to be valid by the debt collector.
4. If you notify Carlos A. Triay, P.A., in writing, within that 30 day period, that the debt, or any portion
thereof, is disputed, Carlos A. Triay, P.A. will obtain verification of the debt or a copy of the judgment
against you and a copy of such verification or judgment will be mailed to you. (We will suspend
collection efforts until we have provided this information to you.)
5. Captiva Condominium D Association, inc.
has not assigned any tights to this obligation. Send any notice to concerning the above mentioned rights
to:
Carlos A. Triay, P.A.
P.O, Box 227010
Miami, FL 33122
(305) 597-8944
Fax (305) 597-8995
In accordance with the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.)
Preview
Filing # 57898980 E-Filed 06/16/2017 08:42:17 PM CAPTIVA CONDOMINIUM “D” : IN THE CIRCUIT COURT OF THE ASSOCIATION, INC., a : 11TH JUDICIAL CIRCUIT IN AND FOR Florida not for profit : MIAMI-DADE COUNTY, FLORIDA corporation, : : GENERAL JURISDICTION DIVISION Plaintiff, : : CASE NO.: vs. : P.T. WORLDWIDE, COPR., a dissolved Florida : corporation, PABLO T. TARUD: JAAR and CECILIA E. DURAN :; DE TARUD, : 3 COMPLAINT FOR FORECLOSURE OF Defendant(s). : CONDOMINIUM ASSOCIATION LIEN : AND MONEY OWED GENBRAL ALLEGATIONS The Plaintiff, CAPTIVA CONDOMINIUM “D” ASSOCIATION, INC., a Florida corporation not-for-profit, by and through its undersigned attorney, hereby sues Defendant(s), P.T. WORLDWIDE, CORP., a dissolved Florida corporation, PABLO T. TARUD JAAR and CECILIA E. DURAN DE TARUD, and allege: 1. This is an action to foreclose a claim of lien for condominium’ s assessments in accordance with Section 718.116, Florida Statutes, against real property located in Miami-Dade County, Florida, within the Court's jurisdiction. 2. The Plaintiff is a "Condominium Association" and a Florida corporation, not-for-profit, operating under the provisions of Florida Statutes, Chapter 718, and is doing business in Miami-Dade County, Florida; whose purpose is to carry out its responsibilities pursuant to that certain Declaration of Condominium at Captiva ™“D” ("Declaration"), as recorded in Official Records Book 19327, at page 3778, of the Public Records of Miami-Dade County, Florida. 3. The Defendant(s) is the fee simple owner of the following described real property (the “Property"), to-wit: Unit 208, CAPTIVA CONDOMINIUM D, a condominium according to the Declaration thereof, as recorded in O.R. Book 19327, Page 3778, of the Public Records of Miami-Dade County Florida. 4. The Defendant is a member of the Plaintiff Association.5. Under Florida Statute, Chapter 718, Plaintiff is empowered to make and collect assessments for common expenses against the individual condominium parcels of Captiva Condominium “D” Association, Inc., including Defendant’s unit. COUNT I (LIEN FORECLOSURE 6. The Plaintiff re-alleges and re~adopts the allegations set forth in Paragraphs 1 through 5 herein. 7. The Plaintiff, pursuant to the authority contained in Article 11 and 12 of the Declaration and Article 7 of the By-Laws of the Association, properly promulgated a Budget creating periodic maintenance assessments, copies of which provisions are included in Exhibit "A" of this Complaint. 8. Plaintiff has levied assessments for common expenses against Defendant’s unit. 9. Since December, 2016, Defendant has failed to pay monthly assessments as provided in the Declaration as they became due and payable. 10. Asa result of the failure of the Defendant(s) to pay the sums described in Paragraph 9 above, the Plaintiff, in accordance with the authority contained in the Florida Statute, Chapter 718, and the Declaration of the Association, filed a Claim of Lien against the Property. 11. Plaintiff’s Claim of Lien was recorded on April 3, 2017, and affects the real property located in Miami-Dade County, Florida. The Claim of Lien can be found in Official Records Book 30480, Page 1231 of the Public Records of Miami-Dade County, Florida. A true and correct copy of the Claim of Lien is attached and made a part hereof as Exhibit “B.” 12. Defendant’s condominium assessments are delinquent and Plaintiff is entitled to foreclose its claim of lien for condominium assessments. 13. The sums due by Defendant, per the Claim of Lien through April, 2017 is $2,436.18. Subsequent to the date of the lien, unpaid monthly assessments have accrued and the amount owed as of the date of this complaint is $3,076.18. The Plaintiff represents that from the date of this complaint, unpaid monthly assessments will accrue of which Defendant is responsible for.14. The Declaration of the Association and Section 718.116 of the Florida Statutes, expressly provides that the Claim of Lien shall secure all unpaid assessments, late fees, interest, costs and reasonable attorney's fees that are due or may accrue subsequent to the recording of the Claim of Lien and before entry of the final judgment of foreclosure. 15. Plaintiff sent to Defendant, on or about February 21, 2017, via certified mail, return receipt requested, a thirty (30) day notice of intent to file a Claim of Lien for failure to pay the maintenance assessments due to Plaintiff. This notice was set to owner’s last known address. A true and correct copy of the thirty (30) day notice of intent to file a claim of lien is attached and made a part hereof as Exhibit "Cc." 16. Plaintiff, by and through its undersigned attorney, sent to Defendant, on or about March 29, 2017, by certified mail, return receipt requested, a thirty (30) day notice of intent to foreclose its claim of lien. This notice was sent to owner’s last known address. A true and correct copy of the thirty (30) day notice of intent to foreclose claim of lien is attached and made a part hereof as Exhibit mom 17. All of the conditions precedent to the prosecution of this action have been fulfilled or have occurred. 18. The Claim of Lien of the Plaintiff is superior to any right, title or interest in the Property of any Defendant(s) in this action or any person cr entities claiming by, through or under them since the institution of this suit. 19. The Plaintiff has engaged the services of the undersigned attorneys and have agreed to pay them a reasonable fee for their services inthis action. The Declaration provides that the Defendant is responsible for payment of Plaintiff's reasonable attorneys' fees and costs resulting from this action. WHEREFORE, Plaintiff requests that: (1) The Court will assume jurisdiction of the subject matter of this action and of the named parties. (2) The Court will ascertain the amount of money due Plaintiff for the Claim cof Lien and all assessments levied by the Association subsequent to the filing of the Claim of Lien, late charges, abstracting, expenses and costs, including attorney's fees, that Plaintiff is entitled to recover in this action plus interest thereon.(3) The Court decree that Plaintiff has a lien on the Property described in the Claim cf Lien for the sum of money found to be due Plaintiff. cg! (4) If the sums due Plaintiff under the Claim of Lien are not paid immediately, the Court shall foreclose the Claim of Lien in accordance with the rules and established practice of the Court, and the Clerk of the Court shall sell all of the above-mentioned Property securing the indebtedness to satisfy Plaintiff's lien in accordance with the provisions of Section 45.031, Florida Statutes. {5) The Court decree that Plaintiff's Claim of Lien interests are superior and paramount to all liens, rights, title and interest of any Defendant(s}, or any party claiming by, through, under or against any Defendant (s) named herein or hereafter made a Defendant(s) and that the interests of such Defendant(s) be forever barred and foreclosed. (6) The Court retains jurisdiction of this action in order to make any and all further orders and judgments as may be necessary and proper, including the issue of a writ of possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper. (7) The Court grant such other and further relief as Plaintiff may be entitled to receive. COUNT IIT (MONEY OWED 20. The Plaintiff re-alleges and re-adopts the allegations set forth in Paragraphs 1 through 5 herein. 2l. This is an action for money owed to the Plaintiff by the Defendant(s) within the Court's jurisdiction. 22. The Defendant(s), as of the date of the complaint, owes the Plaintiff the sum of $3,076.18, plus subsequently accruing late fees, interest, assessments, court costs, and attorney's fees for unpaid condominium assessments. 23. The Plaintiff has made demand for payment to Defendant (s) but Defendant(s) has refused to make payment. 24, The Plaintiff has engaged the services of the undersigned attorney and has agreed to pay him a reasonable fee for his services inthis action. Article 11 and 12 of the Declaration provides that the Defendant(s) is responsible for payment of Plaintiff's reasonable attorneys' fees and costs resulting from this action.25, The notice required by the Fair Debt Collection Practices Act 15 U.S.C. Section 1601 as amended, is attached hereto as Exhibit "E." WHEREFORE, Plaintiff respectfully requests this Honorable Court to take jurisdiction over this cause and enter a judgment against Defendant (s) for all sums due Plaintiff with interest, award costs and attorney's fees and provide such further relief as this Court deems just and proper. Respectfully submitted on this _16th_ day of _June_, _2017 . CARLOS A. TRIAY, ESQUI Florida Bar No. 37396 P.O. Box 227010 Miami, Florida 33122 Telephone: (305) 597-8944 Email 1: catpleadings@gmail.com Email 2: catesther@cattriay.comHE: 19327103778 PREPARED BY AND RETURN TO: PATRICIA KIMBALL FLETCHER, ESQ. PATRICIA KIMBALL FLETCHER. P.A. DUANE MORRIS & HECKSCHER LLP CORSO2249 2000 ocr 18 13041 200 SOUTH BISCAYNE BOULEVARD, SUITE 3410 MIAMI, FLORIDA 33131 DECLARATION OF CONDOMINIUM FOR CAPTIVA CONDOMINIUM D TABLE OF CONTENTS a4 4 4 4 4 4 4 4 Wtavasess - EXH\OIT‘ at: (93273796 Any such additions, alterations, or improvements to such Common Elements or any part thereof costing in the aggregate of Five Thousand Dollars ($5,000.00) or less in a calendar year may be made by Association without approval of the Unit Owners. ‘The cost-and expense of any such additions, alterations or improvements to such Common Elements shall constitute 0 part of the Common Expenses and shall be assessed to the Unit Owners as Common Expenses. The dollar cap provided in this Section shall be adjusted annually to take into account changes in the cost of living as reflected in any nationally available Consumer Price Index sclected by the Board. 9.4, Alterations by Developer, As tong us Developer ahall own at east one Unit in the Condominium, Developer shall have the right, without the vote or consent of Association to: 9.4.1. Make structural and non-steuctural changes, alterations, additions, or improvements in and to the Units owned by Developer and to change the interior design and arrangement of Developer-owned Units; and 9.4.2. Change the size und/or number of Developer's Units by combining all or part of two or more Developer's Units or by subdividing one or more Developer's Units (including any Units resulting from the prior combination of two or more of Developer's Units) or otherwise, and to reapportion among the affected Developer Units their appurtenunt undivided interest i the Common Elements all only to the extent permitted by and according to the procedures provided in the Condominium Act. Any change in the number or size of Developer's Units and any reapportionment of that appurtenant undivided interest in the Common Elements shall he teflected by an Amendment to this Declaration which shall cofitain a survey reflecting the change. Associution; Power and Duti mitation ib the entity sesponsibte for the operation of the Condominium. The powers and dutics of Association shall include those set forth in the Articles and By-Laws. Notwithstanding the duty of Association to maintain and repair parts of the Condominium Property, Association shail not be Hable to Unit Owners for injury os damage. Association's liability is limited to the cost of muintenance and repair. \1, Asseasments. Association hus been granted the right to make, levy and collect Assessments against the Owners of all Units to provide the funds necessary for proper operation and management of the Condominium. The following provisions shall govern the making, levying and collecting of such Assessments for Common Expenses, and the payment of the coats and expenses of operating and managing the Coridominium by Association. U1. Detesmination of Assessments. The Board shall from time to time, and at least annually, prepare a budget for the Condominium, determine the amount of Assessments payable by the Unit Owners to meet the Common Expenses of the Condominium, and allocate and esscas such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By- Laws. Each Unit Owner shall be liable for his or her share of a! Common Expenses which shall be In the same percentage os his or her ownership of the Common Elements. 11.2. Associntion as Unit Owner. Should Association become the Unit Owner of a Unit, the Assessment which would otherwise be duc and payable to Association by the Unit Owner of such Unit, reduced by an amount of income which may be derived from the Sensing of auch Unit by Association, shall be apportioned and the Assessment therefor levied ratably among the Owners of all Unite which are not owned by Association, based upon theit proportionate interests in the Common Elements exclusive of the interests thercin appurtenant to the Unit owned by Association. 11.3. ‘Time forPayment. The Assessment for Common Expenses levied against the Owner of cach Unit and his Unit shail be payable in annual, quarterly, monthly, or such other installments and at such time as shall from time {o time be fixed by the Board. 11.4, Annus] Budget. The Board shall, in accordance with the By-Laws of Association, establish an annual budget in advance for cach fiscal year, which shall correspond to the citlendar ycar, which shall estimate all expenses for the forthcoming yoar required for the proper operation, management and maintenance of the Condominium and all property owned by Association, including, mancaannny 14 1g of ISIte 193273797 to the extent required by law or when decmed Necessary or advisable by the Board, a reasonible allowance for contingencies and reserves, and shall ‘estimate all income to be collected during the year, Upon adoption of cach annual budget by the Board, copies thereof shall be delivered to cach Unit Owner, and the Astessment for the year shall be based upon such Budget: provided, that failure to deliver a copy of the Budget to a Unit Owner shall not affect the liability of such Owner for such Assessment, Should the Board at any time and from time to time determine, in the sole discretion of the Board, that the Arsersments levied are or may prave to be insufficient to pay the costs of operation and managoment of the Condominium, or in the evert of emergencies, the Board shall have the authority to levy such additional Assessment or Assessments aa it shall deem necessary. Any ‘budget adopted shall be subject to change to cover actual expenses ot any time. Any such change shall be adopted consistent with the provisions of the By-Laws. Additionally, the charges for Telecommunication Services, if any, to be Provided to all of the Units of the Condominium, shall be deemed to be a Common Expense, The Board, in determining the amount of the Assessments payable by the Unit Owners, shall be authorized to include such charges for Telecommunication Services in the estimated operating budget for the Condominium. Accordingly, (he provisions contained in Section 12 of this Declaration with respect to the collection of Assessments shall be applicable tothe charges for Telecommunication Services, 11.5. Reserve Funds. The Bonrd. in establishing cach annual budget, shal! include therein, sums to be collected and maintained aso reserve funds for the repair and replacement of Common Elements and personal property held for the joint use and benefit of the Owners of all Units ss tequired by the Act. Developer reserves the right t0 vote to waive reserves or reduce the funding of reserves up to the first two (2) years of operation af Association. 11.6. Special Assesements, The specific purpose or purposes of any Special Assessment approved in accordance with this Declaration, Articles, or By-Laws shail be set forth in a weitien notice of such Special Assessment sent or delivered to cach Unit Owner, The funds collected pursuant to a Special Asscsrment shall be used only for the specific purpose or purposes set forth in auch notice, or returned to the Unit Owners. However, upon completion of such specific purpose or Purposes, any excess funds shall be considered Common Surplus. Use Fees. The Board has the right, but not un obligation, to establish use fees ("Use 11.7, Fees") from time to time for any of the following items: 11.7.1. the exclusive use of any portion of the Common Elements. 11.7.2. services of the concierge. 11.7.3, the cost of transportation provided to Unit Owners, tenants, and guests, Alternatively, the Board may clect not to charge Use Fees and include the costs of all or any of the foregoing in Corhmon Expenses, which will then be shared by all Unit Owners in accordance with their percentoge interest in the Common Elements. 12. Collection of Assessments. (2.1. Delinquency or Default. The payment of any charges or Assessment or installment thereof duc to Association shall be in default if not paid to Association on or before the dale due. When in default, the delinquent charges, Assessments or installments thereof shall bear interest at the highest rate permissible by law until the game, and all interest due thereon, has been paid in full. 12.2, Personal Liability of Unit Owner. The Owner(s) of cach Unit shall be personally liable, Jointly and severally, as the case may'be, to Association for the payment of all charges for Assessments for Common Expenses, regulur or special, interest on such delinquent charges, Assessments or installments thereof as above provided, and for-all costs of collecting the charges, Assessments and interest thereon, including reasonable attomeys' and paraprofessional fees and costs, (atthe trial and appellate levels), whether suit be brought or not, levied or otherwise coming due while such person(s) or entity own(s) 9 Unit, mayenss 1932783798 12.3. Liabi ice . No Owner of a Unit may exempt himself from liability for any Assessment or charge levied aguinsl such Owner and his or her Unit by waiver of the use or enjoyment of any of the Common Elements, Limited Common Elements, or Property owned by Association, or hy abandonment of the Unit, or in any other nianner. 12.4. Lien for Assessment. Association is herehy granted a tien upon cach Unit and its Appurtenunt undivided interest: in Common Elements and upon any Limited Common Elements appurtenant fo any such Unit, which lien shall und does secure the monies duc for all: (1) Assessments levied against the Unit and the Owner(s); thereof, and (2) interest. if any, which may become due on delinquent Assessments or charges awing to Association, and (3) costs and expenses, including actual attomeys' fees and paraprofessional fees and costs, (ut the trial and appellate levels), which may be incurred by Association in enforcing its lien upon the Unit and its appurtenances, The Nien granted to Association may be established and foreclised in the Circuit Court in and for the County, and in any suit for the foreclosure of such tien, the Owner may be required by the Court in its discretion to pay to Association reasonable rent for the Unit if the Owner remains in possession after a foreclosure judgment is entered, and Association shall be entitled to the appointment of a Receiver for such Unit if the Unit ix rented of leased during the pendency of the foreclosure action. ‘The lien of Association shall also secure all udvances for toxes, and Payments on account of superior mortgages. liens or encumbrances made by Association to preserve and protect its lien, together with inlerest at the highest rate permitted by law on all such advances made for such purpose, and shall relate back (o the date upon which this Declaration was recorded. No foreclosure judgment may be entered against 1 Unit Owner until at leust thirty (30) days ufter Associntion gives written notice to the Unit Owner of its intention to foreclose #ts lien to collect the unpaid Axsessmenta and/or charges. Tf this notice is not given at least thirty (30) days before the foreclosure uction is filed, ond if the unpaid Assessments and/ot charges, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, Association may not recover attorney's fees or costs. ‘The natice must be given by delivery of a copy of it to she Unit Owner or by cerlified. mail, return receipt requested, addressed to the Unit Owner, {f after diligent search and inquiry Association cannot find the Unit Owner ora mailing address at which the Unit Owner will receive the Notice, the court may procecd with the foreclosure sution and may award attomeys’ und paraprofessional fees and costs us permitted by law. The notice requirements of this Section are satisfied if the Unit Owner records a Notice of Contest of Lien as provided in the Act. 12.5. Recording and Priority of Lien. The lien of Association shull be effective from and after recording in the Public Records of Miami-Dade County a claim of licn stating the description of the Unit encumbered thereby, the name of the record Unit Owner, the name and address of Association, the amount and the date when due, and shall continue forone year unless within that time an action to enforce the Hen is commenced in a court of competent jurisdiction, in which case the lien shall continue until such action is brought to completion. Such cloims of lien shall include only Asscesments and charges which are dud und payable when the claim of licn is recorded, plus interest, costs, attomeys’ and paraprofessional fees, udvances to pay taxes and prior encumbrances and interest thereon, all ag above provided, Such claims of licn shall be signed and verified by an officer or agent of Association. Upon full payment of all sums secured by such cinim of lien, the same shall be satisfied of record. The lien of Association shai! be subordinate {o the lien of any mortgage or any other tien recorded prior to the time of recording Assoctation's claim of He except that the lien of Association for tax or special assessment advances made by Association where any taxing authority having Jurisdiction levies any tax or special assessment against the Condominium os an entirety instead of levying the same against cach Unit and its appurtenant undivided interests in Common Elements, shall be prior in lien, right and dignity to the lien of all mortgages, liens and encumbrances, whether or not recorded prior 10 Association's claim of lien therefor, und Assaciation's claim of lien for collection of such portion of any tux or special assessment shall specifically designate that the same secures an Asscssment tevied pursuant to this Declaration. 12.6. Effect of Foreclosure or Judicial Sule. Subject to the provisions of Section 12.9 hereof, a Unit Owner, regardless of how title has been ucquired, including by purchase at a foreclosure sale or by deed in licu of foreclosure, is liable for all ussessments which come due while he or she is the Unit Owner, and is also jointly and severally tiable with the previous Unit Owner for all unpaid assessments that came duc up to the time of trunsfer of title. This liability is without prejudice to an: iy nsennie.t 16 2) of 13)ite: (93273799 a tight the current Unit Owner may have to recover fron the previous Unit Owner the amounts paid by the current Unit Owner. 12.7, When an Ownor of any Unit proposes to lease, sell or mortgage the sume in compliance with other provisions of this Declaration, Association, upon written fequest of the Owner of such Unit, shall furnish to the proposed lessee, purchaser of mortgages, o statement verifying the status of payment of any Assessment or charge which shall be duc and payable to Association by the Owner of such Unit. Such statement shall be executed by any officer of Association and any lessee, purchuser or mortgagee may rely upon such statement in concluding the Proposed lense, purchase or mortgage trunsaction, and Association shall be bound by such statement, In the event that Unit is tobe lensed, sald or: mortgaged at the ime when payment of any Assessment or charge against the Owner of the Unit and the Unit which is due to Association shall be in ‘default (whether or not a claim of lien has been recorded by Association) then the rent, Proceeds of such sale or mortgage proceeds, as the casc may be, shall be applied by the lessee, purchaser or mortgagee first 10 payment of any then delinquent Asscssment or charge or installment thercof duc to Associution before payment of the balance of such rent, proceeds of sule or mottgage to the Owner of the Unit responsible for payment of such delinquent Asstssment. In any voluntary conveyance of a Unit, the Brantec shall be jointly and severally Hable with the grantor for all unpaid Assessments and charges against the grantor made prior to the time of such voluntary conveyance, without prejudice to the Tights of the grantee to recover from the grantor the amounts paid by the grantec therefor. 12.8. No Election of Remedies. Institution of » suit ut taw to attempt to effect collection of the payment of any delinquent Assessment of charge shall not be deemed to be an election by Association which shall prevent it from thereafter secking enforcement of the collection of any sums remaining owing to it by foreclosure, nor shall proceeding by foreclosure to attempt to effect such collection be deemed to be an election precluding the institution of suit at law to altempt to effect collection of any sum then remaining owing to it. 12.9. First Mongugess. 12.9.1. The Ilubility of a first mortgagee or its successor or assignecs who acquire title toa Unit by foreclosure or by decd in fieu of foreclosure for the unpaid Assessments that became duc Prior to the mortgagee's acquisition of title is limited to the lesser of: (i) the Unit's: unpaid Common Expenses and regular periodic Assessments which accrucd or came due during the six (6) months + immediately preceding the acquisition of title and for which payment in full has not yet been received by Association; or (1#) one percent (1%) of the original mortgage debt. The provisions of this Section shall not apply untcss the first mortgagee joins Association as a defendant in the foreclosure action. Joinder of Association is not required if, on the date the complaint is filed, Association was dissolved or did not maintain an office or agent for service of process ata location which was known to, or feasonably discoverable by the first mortgages. 12.9.2, The first mortgagee or its successor or assignees acquiring title shall pay the amount owed to Association within thiny (30) days after transfer of title. Failure to pay the full amount when due shall entitle Association to record a claim of lien against the Unit and proceed in the same manner as provided in this Section for the collection of unpaid Assessmenta. 12.9.3. The provisions of this subsection are intended to clarify existing law, and shall not be available to shield a first mortgagec from liability for Assessments in any cas¢ where the ‘unpaid Aasessments sought to be recovered by Association are secured by a li¢n recorded prior to the recording of the mortgage. 12.9.4. In the event of the acquisition of title to a Unit by foreclosure or judicial sale or by deed In fieu of foreclosure, any Assessment or changes as to which the party so acquiring title shall not be liable shall be absorbed and paid by Unit Owners as a part of the Common Expense, although nothing herein contained shall be construed as releasing the party personally lable for such delinquent Assessment from the payment thereof or the enforcement of collection of such payment - by means other than foreclosure, . 12.10. Developer's Linbility for Assessments. wera 17.a (3273600 / 12.101, Developer shall be excused from the ‘payment of the share of the Common Expenses and Assessments relating to Units it is offering for sale, for a period beginning with the recarding of this Declaration and ending the earlier of the date upon which Unit Owners control the Board Qf one year from the first day of the following month in which the Certificate of | Occupancy is issued (the " irs "), provided that the regular monthly Assessments for Common Expenses equally imposed on each Unit Owner other than Developer shall not increase during such period over $143.97 and provided further that Developer shall be obligated to pay any amount of Common Expenses actually incurred during such period and not Produced by the Assessments ot the guaranteed tevel receivable from Unit Owners. The period that Developer is excused from the payment of the share of Common Expenses and Assessments relating ta Units it is offering for sale may be unilaterally extended by Developer for one or mare successive periods of onc year each until such time as. Developer does not own any Units in the Condominium. 12.10.2. No funds receivable from Unit purchasers or Owners payable to Association or collected by Developer on behalf of Association, other than regular periodic Assessments for Common Expenses as Provided in thia Declaration and disclosed in the Estimated Operating Budget for the first twelve (12) months of ‘operation contained In the Offering Circular (Prospectus) delivered to such Unit purchaser or Owner when such Unit purchaser or Owner contracted ta purchase the Unit, if sipplicable, shall be used for puyment of Common Expenses prior to the Guarantee Expiration Date. This restriction shall apply (o funds including, but not limited to, capital contributions of start-up funds collected from Unit purchasers at closing, 12.11. Possession of Unit. Subject to Association's tights under this Declaration and under law, any person who acquires un interest inn Unit, except Institutional First Mortgagees through foreclosure of a first mortgage of record (or deed in fieu thereof), including, without limitation, persons acquiring title by operation of law, shall be entitled to. occupancy of the Unit and enjoyment of the Common Elements, . 12,12. j : Association shall provide a certificate slating all Assessments, Special Assessments and other moneys owed tv Association by the Unit Owner with Fespect to the Condominium Parcel, within fifteen (15) days after requost by a Unit Owner or Institutional First Mortgagee. 13, Insurance. Insurance covering portions of the Condominium Properly shall be governed by the following provisions: 13.1. Insurance Trustee. At any time the Board shall have the ‘option to appoint a bank or {rust company in Florida with trust powers to act as its insurance trustee ("Insurance Trustee") hereunder. The Insurance Trustee and Association shall enter into a written agreement outlining the duties and obligations of the Insurance Trustee and Association with respect to the requirements of this Declaration. The Insurance Trustec (if appointed) shall not be table for payment of insurance Premiums, nor for the renewal or the sufficiency of insurance policies nor for the failure to collect any insurance proceeds. If Associution does not sppoint an Insurance Trustee, Association will perform directly all obligations imposed upon such Insurance Trustee by this Declaration. The sole duty of the Insurance Trustce shall be to recelve such proceeds of property Insurance as are paid and to hold the same in trust for the purposes herein stated, and for the benefit of Association, Unit Owners and their respective mortgagees, to be disbursed as herein provided. Association shall pay a reasonable feo to the Insurance Trustce for services rendered hereunder and shall Pay such costs and expenses as the Insurance Trustee may incur in the performance of its duties hereunder; such fees and costs to be sasesscd against and collected from Unit Owners as a Common Expense. The Insurance Trustee shall be linble only for its willful misconduct or gross negtigence, and then only for such money as may come into the possession of the Insurance Trustee. 13.2. Nomed Insured. The named insured shall be Association, individually, and as agent for Unit Owners covered by the policy, without naming them and as agent for their mortgagecs, without naming them. The Unit Owners and their mortgagees shall be additional insured. 13.2.1. Custody of Policies and Payment of Proceeds. All policies shall provide that payments for losses made by (he Insurer shall be paid to the Insurance Trustee (if appointed), of to manvenegy 18 23 of 13)CFN; 20170184248 BOOK 30480 PAGE 1231 DATE:04/03/2017 02:27:28 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY, Prepared by: CARLOS A. TRIAY, ESQ, P.O, BOX 227010 i MIAMI, FL 33122 STATE OF FLORIDA County of Miami-Dade. i CLAIM OF LIEN Captiva Condominium D Association, Inc, c/o Miami Management, Inc., 14275 8,W. 142 Avenue, Miami, Florida 33186 a Florida not for profit corporation, in pursuance to the Declaration recorded in | Official Records of the Public Records of Miami-Dade County, Florida, does i hereby file this Claim a Lien against the following real property in Miami-Dade i ‘County, Florida: i Unit No. 208, of CAPTIVA CONDOMINIUM D, a Condominium, according to | the Declaration thereof, as recorded in O.R. Book 19327, Page 3778, of the Public Records of Miami-Dade County, Florida. | ! i AMKIA: 10720 N.W. 66 Street, #208, Miami, FL 33178 OWNED BY: P.T. Worldwide, Corp, & Pablo T. Tarad Jaar & Cecilia E, Duran De Tarud said Lien is claimed due to the failure of the owner to pay the following assessments: Denia ‘avomt Mau Tid ; Maintexance fev 12/2016 5 52000 1 s s70.00 i Mainteraton oa 12017 1 42017 3 32000 + ‘$1280.00, ! dete VAT $s 1 S800 i Msioot tte nee 7 $ mo 1 8 s08 censt mal ee som 2 $s Mo Ia oh 32017 $0 “ie wh kanye S600 ete (et dy end pen fheen ig hn) $n . aside one dMactaveun eases = mo Frprordavedt ot 5 300 nt a sop 2s De and alt further sums that shall become due an unpaid subsoquent to the filing of this Lien. In addition to the unpaid assessments, the Lien shall also secure the payment of all interest due on the unpaid assessment computed at the rate permitted by the Declaration of the Association from the date of the assessment until paid in full, as well as the payment of all costs and a reasonable attorney's fee incurred by the Association in comection with the collection of unpaid assessments and interest. Captiva Condominium D Association, The. BY CARLOS A. Y, as attorney P.O. BOX 227010 Miami, FL 33122 ~ foregoing instrument was acknowledged before me on March 29, 2017 by gy, who is personally wegen et NOTARY PUBLIC i seat a eed Tru Hoary Patie eer H My ssion : ACCOUNT NO.: 1692-14208 3 of 3 eMeHRrt Bb"NOTICE OF INTENT TO RECORD A CLAIM OF LIEN February 24, 2017 Sent Via Regular and Certified Mail To: Pablo Tarud Property Address: Carrera 51 # 79-296 Apt 3 10720 NW 66 ST # 208 1 Barranquilla Colombia | i Captiva "D" Condo Assoc. Inc. Total Amount Due: $1,029.00 Re: Account Number: 1692-144208 The following amounts are currently due on your account to: Captiva "D" Condo Assoc. Inc., and must be paid | within Thirty (30) days from receipt of this letter. This letter shall serve as the association's notice of intent to | record a Claim of Lien against your property no sooner than Thirty (30) days from receipt of this letter, unless | you pay in full the amounts set forth below: CHARGE DATE DESCRIPTION AMOUNT 12/1/2016 Assessment $320.00 41/2017 Assessment $320.00 4126/2017 Past Due Notice Charge $5.00 2/16/2017 ACH Account Frozen B#72 $320.00 2/24/2017 Notice-Intent to Lien Charge $50.00 2/21/2017 Certified Charge to Unit $7.00 2/21/2017 Cartiled Charge to Mailing $7.00 Eth bor ec” 1692-144208 2/21/2017Any and all payments will be first applied to interest, administrative and late fee costs, attorney's fees, and last to the delinquent assessments, pursuant to F.S. 718. IF YOU FAIL TO PAY IN "FULL", WITHIN Thirty (30) DAYS OF RECEIPT OF THIS LETTER, the above mentioned amounts, plus all interest, late charges, attorney's fees, special assessments and regular assessments accruing from the date of this letter, the Association shall have no alternative but to file a claim of LIEN against your unit. All costs including interest and attorney's fees incurred recovering your past due account will be paid by you. If your unit Is fiened, there will be additional attorney's fees and costs added to the outstanding balance. Additionally, if the account including maintenance fees, attorney's fees and interest is not paid in full within Thirty (30) days from the date of the lien being filed, foreclosure proceedings will be instituted. Account balance shall bear interest at the highest rate allowed by law. Please remit your payment as follows: Captiva "D" Condo Assoc. Inc. C/O MMI Payment Processing Center 14275 SW 142 Avenue Miaml FL 33186 You can access your account online at www.miamimanagement.com. You may be eligible to pay online with e-check and/or credit card through our secure web-site. Otherwise, please contact the owner's account research department at 305-259-1400 or our toll free number at 1-800-273-4603 ( option 3 ), An owner account representative will be glad to discuss the status of your account. If you have already sent a payment nat including the additional accrued charges stated above, you must send the balance due within Thirty (30) days from receipt of this letter. FOR THE BOARD OF DIRECTORS Captiva "D™ Condo Assoc. Inc. 1692-144208 212112017USPS CERTIFIED MAIL “ME itl 9214 8901 4121 9050 2208 88 we Tarud, Pablo 10720 NW 66 ST #208 Miami FL $3178 UH OVT"C”February 21, 2017 To: Tarud, Pablo 10720 NW 66 ST # 208 Miami FL 33178 Captiva "D" Condo Assac. Inc. Rei Account Number: ¥692-144208 Sent Via Regular and Certified Mail Property Address: 10720 NW 66 ST # 208 Total Amount Due : $1,029.00 The following amounts are currently due on your account to: Captiva "D" Condo Assoc. Inc., and must be pald within Thirty (36) days from recelpt of this letter, This letter shall serve as the assuciation’s notice of iritent to record a Clatm of Lien against your property no sooner than Thirty (30) days from recelpt of this letter, unless you pay In full the amounts set forth below: GHARGE DATE DESCRIPTION AMOUNT - 421172016 Assestitnt $320.00 4112017 Assessment $320.00 262017 Past Due Notice Charge $5.00 26/2017 ACH Account Frozen B#72 $320.00 22112017 Notice-tntent to Lien Charge $50.00 22112017 Certified Charge to Unit $7.00 21212017 Certified Charge to Mailing $7.00 4692-144208 2/24/2017Any and‘all payments will be first applied to Interest, administrative and late fee costs, attorney's fees, and last to the delinquent assessments, pursuant to F.S. 718, IF YOU FAY. TO PAY IN “FULL", WITHIN Thirty (36) DAYS OF RECEIPT OF THIS: LETTER, the above mentioned amounts, plus all interest, late charges, attorney's fees, special assessments and regular assessments accruing from the date of this letter, the Association shall have no alternative but to file a claim of LIEN against your unit. All costs including: Interest and attorney's fees Incurred recovering your past due account will be paid by you. If your unit Is Hened, there will be additional attorney's fees and costs added to the outstanding balance. Additionally, If the aecount Including maintenance fees, attorney's fees and interest is not pad in full within Thirty (30) days from the date of the lien baing filed, foreclosure proceedings will be Instituted. Account balance shai] bear interest at the highest rate allowed by law. Please remit your payment as follows: Captiva "D" Condo Assoc. Inc. C/O MMI Payment Proessing Center 14275 SW 142 Avenue Miami FL 33186 You ean access your account online at www.mlamimanagement.com. You may be eligible to pay: online with echeck and/or credit card through our secure webrsite. Otherwise, please contact the owner's account research department at 305-259-1400 or our toll free number at 1-800-273-4603 ( option 3 ). An owner account representative will be glad to discuss the status of your account. If you have already sent'a payment not including the additional aectued charges stated above, you must send the balance due within Thirty (30) days from récéipt of this letter. FOR THE BOARD OF DIRECTORS Captiva "D" Condo Assoc. inc. 4692-144208 22112017THE LAW OFFICE OF CARLOS A. TRIAY, P.A. PLEASE REPLY TO: post Onion BO 27010 2301 N.W. 87TH AVENUE TEL (0s) 39n8044 MIAMI, FLORIDA 33122, SUITE 501 FAX (305) 597-8995. i . DORAL, FLORIDA 33172 March 29, 2017 P.T. Worldwide, Corp. & Pablo T. Tarud Jaar & Cecilia E. Duran De Tarud Carrera 51 # 79-296 Apt 3 Barranquilla Colombia RE: UNIT ADDRESS: 10720N.W, 66 Street, #208 Miami, FL 33178 ACCOUNTNO.; —1692-144208 UNIT OWNER: P.T. Worldwide, Corp. & Pablo T. Tarud Jaar & Cecilia E, Duran De Tarud 1 | | ASSOCIATION: Captiva Condominium D Association, Inc. | | This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the assessments to Captiva Condominium D Association, Inc. The association intends to foreclose the lien and collect the unpaid amount within THIRTY (30) days of this letter being provided to you. You owe interest accruing from December, 2016 to the present. As of the date of this letter, the total amount due with interest is $2,436.18. All costs of any action and interest from this day forward will also be charged to your account. In ‘order to satisfy the Lien through the date of filing, you must forward your cashier's check or money order payable to CARLOS A. TRIAY, P.A., TRUST ACCOUNT, to our office at the above letterhead address in the amount stated below. Any partial payments will be first applied to interest, then to late fees, then to costs and attorney's fees, and last to the delinquent assessments, pursuant to F.S. 718.116(3). Any questions concerning ' this matter should be directed to our office at the address and phone number provided above. ' ‘Maintenance fom 12/2016 3 320.00 1 S 320.00 ‘Maimeaance from 1/2017 to 4/2017 S$ 320.00 4 S 1280.00 Past dug notica 1/26/17 $ 5.00 1 s 5.00 Notice of Intent to Lien 2/21/17, s 50,00 1 s 30.00 ‘Certified mall fee for Notice s 7.00 2 s 14.00 ‘Imorost through 3/2017 3 24,00 “ile seare and ity eviow 3 3500 Attorney's foes (this aenuat is solely dependent apoa no further action boing taken) S$ Goo.00 Recording/PostageMiscellancons oxpouses $ 70.00 Prepare release of lien Ss 2500 Conied anil fen Ss 4 2 § 4B i TOTAL $ 2,0618 1 of 3 C30 4H2avT “IDTHE LAW OFFICE OF CARLOS A. TRIAY, P.A. INGS ONLY: PLEASE REPLY TO: ee No zo7ot0 2301 N.W. 87TH AVENUE ‘MIAMI, FLORIDA 33122 SUITE 501 ‘TEL (05) 597-8944 DORAL, FLORIDA 33172 FAX (205) 597-8095. 3/29/17 Please contact our office to update your payoff am nc receive this letter. If YOU HAVE FILED A BANKRUPTCY, IT IS IMPORTANT THAT YOU PROVIDE THE UNDERSIGNED A COPY OF THE DOCUMENTS RELATED TO YOUR BANKRUPTCY, This is an attempt.to collect a debt by a debt collector and any information obteined will be used for that purpose. If you notify this office in writing within the thirty day period that the amounts due or any portion thereof is disputed, this office will obtain verification of the amount due and verification will be mailed to you by this office. Very truly yours, Carlés A Triay 2o0f3 | | | ' \ |NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT The following notice is provided in the event that a court of competent jurisdiction. determines that the requirements of 15 U.S.C. § 1687 apply to these matters: 1, Please see letier attached for amount currently due. 2. The amounts are owed to: Captiva Condominium D Association, Inc. 3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by the debt collector. 4, If you notify Carlos A. Triay, P.A., in writing, within that 30 day period, that the debt, or any portion thereof, is disputed, Carlos A. Triay, P.A. will obtain verification of the debt or a copy of the judgment against you and a copy of such verification or judgment will be mailed to you. (We will suspend collection efforts until we have provided this information to you.) 5. Captiva Condominium D Association, Inc. has not assigned any rights to this obligation. Send any notice to concerning the above mentioned rights to: Catlos A. Triay, P.A, P.O. Box 227010 Miami, FL 33122 (305) 597-8944 Fax (305) 597-8995 In accordance with the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) we are required to state that this document is an attempt to collect a debt, and any information obtained will be used for that purpose. Special Notice to Borrowers who have been discharged in bankruptcy: If your debt has been discharged by a Bankruptcy Court, this firm und its client are NOT attempting to collect a debt from you. We are only attempting to enforce our client’s rights in the property. Those rights are created by the Declaration of the Association. JT IS STRONGLY RECOMMENDED THAT YOU OBTAIN THE ADVICE OF LEGAL COUNSEL - |THE LAW OFFICE OF CARLOS A. TRIAY, P.A. . PLEASE REPLY TO: post ONES BOR 27010 2301 N.W. 87TH AVENUE FAX G0) 59-998 ‘MIAMI, FLORIDA 33122 . SUITE 501 DORAJ., FLORIDA 33172 March 29, 2017 CERTIFIED MAIL P,T. Worldwide, Corp. & - RETURN RECEIPT REQUESTED: Pablo T. Tarud Jaar & Cecilia 7016 2070 0000 2828 6830 E. Duran De Tarud (copy via regular mail) P.O. Box 266221 Weston, FL 33326 RE: ASSOCIATION: Captiva Condominium D Association, Inc. UNIT ADDRESS: 10720N.W. 66 Street, #208 Miami, FL 33178 ACCOUNT NO.: —1692-144208 UNIT OWNER: | P.T. Worldwide, Corp. & Pablo T. Tarud Jaar & Cecilia E. Duran De Tarud. This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the assessments to Captiva Condominium D Association, Inc. The association intends to foreclose the lien and collect the unpaid amount within THIRTY (30) days of this letter being provided to you. You owe interest accruing from December, 2016 to the present. As of the date of this letter, the total amount due with interest is $2,436.18. All costs of any action and interest from this day forward will also be charged to your account. In order to satisfy the Lien through the date of filing, you must forward your cashier's check or money order payable to CARLOS A. TRIAY, P.A., TRUST ACCOUNT, to our office at the above letterhead address in the amount stated below. Any partial payments will be first applied to interest, then to late fees, then to costs and altorney's fees, atid last to the delinquent assessments, pursuant to F.S. 718.116(3), Any questions concerning this matter should be directed to our office at the address and phone number provided above. ‘Desziption: Amount = Monthe ~~ atl ‘Maimaranee from 12/2016 $ 32000 1 S 320.00 ‘Maintenance from 1/2017 t0 4/2917 $ 32000 4 $1,280.00 ‘Past due action 26/17 s 500 1 s 5.00 ‘Notice of Intent to Lien 2721/57 S$ 50,00 2 S$ $0.00 Centified mall fee for Notice: Ss 700 2 Ss 14.00 Tnterest through 3/2017 5 24.00 ‘Tis search and attomey review Ss 35.00 Attorney's fees (this amount is solely deaondent upon no further action being tks) S$ 600.00 ‘Reconding/Postage’MisceDaneous expeuses Ss 70,00 ‘Prepare release af Hen S$ 25.00 Certified mail fee $659 2 Ss 8 TOTAL 3 243618 1of3 Eun ato”THE LAW OFFICE OF CARLOS A. TRIAY, P.A. PLEASE REPLY TO: voor OFFICE BOX 227010 2301 N.W. 87TH AVENUE TAL 0s) 597.9046 ‘MIAMI, FLORIDA 33122 SUITE 501 FAX (205) 597-8995 DORAL, FLORIDA 33172. ° 3/29/17 lease ci ur office to update your payoff amount ¢ you receive this : IF YOU HAVE FILED A BANKRUPTCY, IT IS IMPORTANT THAT YOU PROVIDE THE UNDERSIGNED A COPY OF THE DOCUMENTS RELATED TO YOUR BANKRUPTCY, This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose. If you notify this office in writing within the thirty day period that the amounts due or any portion thereof is disputed, this office will obtain verification of the amount due and verification will be mailed to you by this office, Very truly yodts, Carlos“A. Trlay 7OLL 2070 0000 2424 6830 o ¥ 0 by : ay oy ad pue sass] =) pagbou eunreulis xP Y( §, Asonag povareee ram pensHeO [CT torso yong wees] (Pedopod repos wens 7 omc enon) pp ave) BOOM BRAVES USS Ls haok = a D 500, ‘5 Kona perias eneubis pw L] $ ——-——5 PERE e tN simerie esse 20f3NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT The following notice is provided in the event that a court of competent jurisdiction determines that the requirements of 15 U.S.C. § 1687 apply to these matters: 1. Please see letter attached for amount currently due. 2. The amounts are owed to: Captiva Condominium D Association, Inc, 3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by the debt collector. 4. If you notify Carlos A. Triay, P.A., in writing, within that 30 day period, that the debt, or any portion thereof, is disputed, Carlos A. Triay, P.A. will obtain verification of the debt or a copy of the judgment against you and a copy of such verification or judgment will be mailed to you. (We will suspend collection efforts until we have provided this information to you.) 5. Captiva Condominium D Association, inc. has not assigned any tights to this obligation. Send any notice to concerning the above mentioned rights to: Carlos A. Triay, P.A. P.O, Box 227010 Miami, FL 33122 (305) 597-8944 Fax (305) 597-8995 In accordance with the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.)