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Case Number: CACE-21-007713 Division: 08
Filing # 125023758 E-Filed 04/15/2021 04:47:00 PM
IN THE CIRCUIT COURT OF
THE 1774 JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.
VICKI KATCHMERE,
Plaintiff,
VS.
Meadowbrook Lakes View Condominium
Association “A”, Inc., Florida
Not-For-Profit Corporation, and
FRANCISCO COLET,
Defendant(s).
/
COMPLAINT
Plaintiff, VICKI KATCHMERE, by and through the undersigned counseland hereby
sues Defendants, Meadowbrook Lakes View Condominium Association “A”, Inc., a
Florida Corporation not-for-profit (Defendant “Association” and Defendant FRANCISCO
COLET (Defendant “Colet”) (Collectively “Defendants”) and says:
GENERAL ALLEGATIONS
L The real property giving rise to this lawsuit is located in Broward County,
Florida.
2. Plaintiff, VICKI KATCHMERE, owns real property in Broward County,
Florida, is over the age of 18 and is otherwise sui juris.
3 Defendant Association is a Florida corporation charged with the
management and oversight of maintaining the building and condominium common areas
and limited common areas located at the Meadowbrook Lakes View Building H, a
Condominium, (“Meadowbrook”) for the property located in Broward County, Florida,
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/15/2021 04:46:57 PM.**#**
and is otherwise sui juris.
4 Defendant Colet is over the age of 18, owns real property in Broward County,
Florida is a member of Meadowbrook and is otherwise sui juris.
5: Plaintiff Katchmere owns Unit 107 within Meadowbrook.
6 Defendant Colet owns Unit 108 within Meadowbrook.
7: Plaintiff Katchmere’s and Defendant Colet’s units are located directly
adjacent to each other.
8 The obligations of Defendant Association, pursuant to the Declaration of
Condominium for the Association, recorded at O.R. Book 10477, at Page 265 of the Public
Records of Broward County, Florida (the “Declaration”) and the Florida Condominium
Act, Chapter 718 Fla. Stat. (the “Act”), are non-delegable. Copy of Declaration attached
herein as Exhibit A.
9. Pursuant to the Declaration and Act Defendant Association owed a non-
delegable, contractual and statutory dutyto maintain the common elements owned by the
DefendantAssociation.
10. Defendant Association has possession and control over the applicable
Common Areas of the Association as defined in the Declaration and Act.
11. Pursuant to the Declaration, the Units owned by Plaintiff Katchmere and
Defendant Colet are part of the condominium property controlled by Defendant Association.
12. Defendant Association has exclusive obligation to maintain the common
areas of Meadowbrook.
13. The walls, space, utilities and conduits located between Unit 107 and Unit
108 are Common Area or Common Elements of Meadowbrook.
14. During the months of January and February of 2021, Defendant Colet
caused construction and renovations to be done to his unit, Unit 108 (the “Project”).
15. As part of the Project, the plumbing drains within his unit became clogged
and stopped functioning properly as a drain.
16. As a direct and proximate result thereof, dirty and contaminated water
backed up into Unit 108 and eventually leaked through the walls and common areas of
between Unit 108 and Unit 107.
17. Plaintiff Katchmere’s Unit and personal property therein suffered water
damage, and eventual mold and contamination as a result of the run-off from Unit 108
and the common areas of Meadowbrook.
18. Plaintiff Katchmere discovered the water intrusion and damage to her Unit
on or about February 15, 2021.
19. Plaintiff Katchmere immediately reported the problem to Defendant
Association.
20. Plaintiff Katchmere immediately reported the problem to Defendant Colet.
21. Defendant Association failed to acknowledge its responsibility to take
proper remedial action to repair the problem.
22. Defendant Association informed Plaintiff Katchmere that Defendant
Association had no responsibility to remedy the problem, fix the common areas or stop
the water intrusion through the common areas.
23. During this period of time, in addition to the moisture intrusion, mold
developed in Unit 107 contributing to conditions already making them unsuitable as a
place to reside for Plaintiff Katchmere.
24. Defendant Association has also failed to maintain the common areas, and
other limited common areas adjacent to Unit 107 such that water intrusion and moisture,
have been allowed to penetrate theUnit.
25. Plaintiff Katchmere sent notice to Defendant Association demanding repair
and remediation of the problem. Copy of notice attached hereto as Plaintiff's Exhibit
B (“First Notice”).
26. Despite the First Notice, Defendant Association failed or refused to take any
actions to remediate the damage, fix the common and limited common areas or take any
action it was obligated to take by virtue of the Declaration and Act.
27. Plaintiff Katchmere having received no reply to the First Notice, sent a second
notice to Defendant Association ("Second Notice"). Copy of Second Notice attached hereto as
Plaintiff's Exhibit C.
28. Despite the Second Notice Defendant Association failed or refused to take any
actions to remediate the problem, repair the common and limited common areas or take any
actions required of it by the Declaration and Act.
29. Plaintiff Katchmere suffered damage to Plaintiff Katchmere’s Unit and
personal property from Defendant Association’s failure to act.
30. Plaintiff Katchmere sent notice to Defendant Colet demanding he take
immediate action to stop the water leak, remediate damage and repair his drain system.
Copy of notice attached hereto as Plaintiff's Exhibit D.
31. In response to the notice, Defendant Colet responded to Plaintiff Katchmere
that he was not responsible for the damage or to make repairs.
32. Plaintiff Katchmere suffered damages to her Unit and personal property as
a direct and proximate result of Defendant Calais's actions and inaction.
33. Plaintiff Katchmere retained the undersigned counsel and agreed to pay a
reasonable attorney’s fee for the prosecution of this case.
34. All conditions precedent to bring this action have been satisfied or waived.
COUNTI
BREACH OF CONTRACT
(efendant Association)
35- Plaintiff Katchmere realleges the General Allegations and incorporates
them herein by reference as if pled herein specifically.
36. This is a claim for damages greater than $30,000 within the jurisdiction of
this Court.
37- This Court has jurisdictional over the parties and subject matter herein.
38. The Declaration is a contract between Plaintiff Katchmere and Defendant
Association.
39- Defendant Association is obligated pursuant to the Declaration and Act to
make repairs to the common areas and limited common areas of the Association.
40. Defendant Association was obligated to take action after receiving the First
Notice and Second Notice from Plaintiff Katchmere.
41. Defendant Association failed or refused to take any action after having
received the notices.
42. Defendant Association's failure to act was a breach of the Declaration.
43. Plaintiff Katchmere as a direct and proximate result of Defendant
Association's breach suffered damages.
WHEREFORE, Plaintiff Katchmere demands judgment against Defendant
Association for damages, interest, court costs, attorney fees and any further relates this
Court deems just and equitable. The allegations contained in the Background Facts above
are hereby incorporated by reference.
COUNT II
BREACH OF ACT
(Defendant Association)
44. Plaintiff Katchmere realleges the General Allegations and incorporates
them herein by reference as if pled herein specifically.
45. This is a claim for damages greater than $30,000 within the jurisdiction of
this Court.
46. This Court has jurisdictional over the parties and subject matter herein.
47- Defendant Association is obligated pursuant to the Act to make repairs to
the common areas and limited common areas of the Association.
48. Pursuant to the Act, Defendant Association was obligated to take action
after receiving the First Notice and Second Notice from Plaintiff Katchmere.
49. Defendant Association failed or refused to take any action after having
received the notices.
50. Defendant Association's failure to act was a breach of the Act.
51. Plaintiff Katchmere as a direct and proximate result of Defendant
Association's breach suffered damages.
WHEREFORE, Plaintiff Katchmere demands judgment against Defendant
Association for damages, interest, court costs, attorney fees and any further relates this
Court deems just and equitable. The allegations contained in the Background Facts above
are hereby incorporated by reference.
COUNT III
INJUNCTION
PURSUANT TO 718.303 FLA. STAT.
(Defendant Association
52. Plaintiff Katchmere realleges the General Allegations and incorporates
them herein by reference as if pled herein specifically.
53- This is a claim for an injunction within the jurisdiction of this Court.
54. This Court has jurisdictional over the parties and subject matter herein.
55- Defendant Association is obligated pursuant to the Act to make repairs to
the common areas and limited common areas of the Association.
56. Pursuant to the Act, Plaintiff Katchmere cannot legally make repairs,
alterations or modifications to the common areas, limited common areas, common
elements of Meadowbrook.
57: Plaintiff Katchmere has no adequate remedy at law.
58. Plaintiff Katchmere is suffering irreparable injury as a result of Defendant
Association's failure to act in that Plaintiff Katchmere cannot reasonably make repairs to
mitigate her damages due to the fact that she cannot legally repair, alter or modify the
walls within her Unit.
59- As a result of the water infiltration into her Unit, the Unit is suffering mold
infiltration.
60. As a result of the water and mold infiltration in her Unit, her Unit is
uninhabitable.
61. As a result of not being able to alter, modify or repair the walls in her Unit,
Plaintiff Katchmere cannot effectively remediate the mold from her Unit.
62. Defendant Association, by virtue of the Declaration and Act, is obligated to
make such repairs and remediate the mold in the common areas and limited common
areas of Meadowbrook.
63. It is the public policy of the State of Florida to enforce contracts between
parties and obligations under its statutes.
64. §718.303 Florida Statutes provides that injunctions are available as a
remedy for an association's breach of the Declaration or Act.
65. Defendant Association's failure to act was a breach of the Act and
Declaration.
WHEREFORE, Plaintiff Katchmere demands an injunction against Defendant
Association to require it to comply with its obligations under the Act and Declaration, to
remediate the mold, make repairs to the common elements and limited common elements
of Plaintiff Katchmere’s Unit for court costs and reasonable attorney fees and any further
relates this Court deems just and equitable.
COUNT IV
BREACH OF CONTRACT
(Defendant Colet)
66. Plaintiff Katchmere realleges the General Allegations and incorporates
them herein by reference as if pled herein specifically.
67. This is a claim for damages greater than $30,000 within the jurisdiction of
this Court.
68. This Court has jurisdictional over the parties and subject matter herein.
69. The Declaration is a contract between Plaintiff Katchmere and Defendant
Colet.
70. Defendant Colet is obligated pursuant to the Declaration to not do anything
that constitutes a nuisance.
71. Defendant Colet is obligated, pursuant to the Declaration, to not cause
damage to another unit owner within the association.
72. Defendant Colet was obligated to take action after receiving notice from
Plaintiff Katchmere to stop the water intrusion and leaks into her Unit.
73+ Defendant Colet failed or refused to take any action after having received
the notice.
74- Defendant Colet’s failure to act was a breach of the Declaration.
75+ Plaintiff Katchmere as a direct and proximate result of Defendant Colet’s
breach suffered damages.
WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Colet
for damages, interest, court costs, attorney fees and any further relates this Court deems
just and equitable. The allegations contained in the Background Facts above are hereby
incorporated by reference.
COUNT V
BREACH OF ACT
(Defendant Colet)
76. Plaintiff Katchmere realleges the General Allegations and incorporates
them herein by reference as if pled herein specifically.
77: This is a claim for damages greater than $30,000 within the jurisdiction of
this Court.
78. This Court has jurisdictional over the parties and subject matter herein.
79. Defendant Colet is obligated pursuant to the Act to not take any action that
constitutes a nuisance.
80. Defendant Colet allowing his drain to be blocked and causing water to leak
into Plaintiff Katchmere’s unit constitutes a nuisance.
81. Pursuant to the Act, Defendant Colet was obligated to take action after
receiving notice from Plaintiff Katchmere.
82. Defendant Colet failed or refused to take any action after having received
the notices.
83. Defendant Colet’s failure to act was a breach of the Act.
84. Plaintiff Katchmere as a direct and proximate result of Defendant Colet’s
breach suffered damages.
WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Colet
for damages, interest, court costs, attorney fees and any further relates this Court deems
just and equitable. The allegations contained in the Background Facts above are hereby
incorporated by reference.
/s/ Edward F. Holodak
Edward F. Holodak, Esquire
Fla. Bar No. 059234
EDWARD F. HOLODAK, P.A.
7580 NW sth Street, Suite 15125
Plantation, Florida 33317
Telephone: (954) 927-3436
Facsimile: (954) 239-5786
pleadings@holodakpa.com
nee Boct.~f AGA
Paul
ATTORNEY AT Law
suite 102
82-289023 4730 NORTH PEORRAL HIGHWAY
FORT taupempaus FLOMIOA 33300
3 i. 7 310
DECLARATION OF CONDOMIN 82-2830 2 vo
MEADOWBROOK LAKES VIEW BUILDING H
A Condominium
MADE this 29th day of April, 1981, by MEADOWBROOK LAKES, INC., a
Florida corporation, herein called "Developer", for itself, its
successors, grantees and assigns.
DECLARATION
The Developer makes the following declaration:
I PURPOSE: This Declaration submits the MEADOWBROOK LAKES VIEW
BUILDING H apartment building and the land on which it is located, to
a condominium form of ownership and use in the manner provided by
Chapter 718, Florida Statutes, as amended, herein called the Condominium xo
Act.
(1) Name and Address: The name by which this condominium
apartment building is to be identified is MEADOWBROOK LAKES VIEW BUILDING
H, a condominium and its address i :: 301 Ss. E. Third Street, Dania, Florida.
(2) The Condominium Land, Survey, Plot Plan and Improvements:
The lands owned by the Developer which are hereby submitted to the con-
dominium form of ownership are located in Broward County, Florida and are
as legally described in Exhibit A-l attached hereto and made a part hereof.
il. The terms used herein, or in the Exhibits attached hereto shall
have the meanings stated in the Condominium Act and as follows, unless
the context otherwise requires.
(1) Residence, Apartment or Dwelling Unit: Residence, apartment
or dwelling unit as the term is used herein, Shall mean and comprise
the separate and numbered apartment units which are designed in Exhibit
A-2 to this Declaration of Condominium, excluding, however, all spaces
and improvements lying beneath the undecorated and/or unfinished inner
surfaces of the perimeter walls and floors, and above the undecorated
and/or unfinished inner surfaces of the upper top ceilings of each dwell-
ing unit and further, excluding all spaces and improvements lying beneath
walls, and/or bearing partitions, and further excluding all pipes, ducts,
wires, conduits and other facilities running through any interior wall
or partition for the furnishing of utility services to apartment dwelling
units and common elements.
(2) Common Flements: Common Elements as the term is used herein
shall mean and comprise all of the real property, improvements and fac~
ilities of the condominium other than the apartment dwelling units as the
same are defined herein, all of which are more particularly described and
set forth in Exhibit A-l. Common elements shall include easements
through apartment dwelling units for all conduits, pipes, plumbing, wir- zo
ma
ing and all other facilities for the furnishing of utility services to on
EXHIBIT 2
7
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PREPARED BY:
RALPH Pau DeouGeas
SuiTh t02
\S YISOMORTH FROERAL Hielsody
FT. LAU OERDALE FLA, 33308
Tl-tsie
EXHIBIT "A"
ne nae
ee an
apartment dwelling units and common elements and easements of support
in every portion of an apartment dwelling unit which contributes to the
support of the improvements, and shall further include all personal
property held and maintained for the joint use and enjoyment of all
of the owners of all such apartment dwelling units.
Tir. (OMMON AREA BUILDING H: “Common Area BuildingH “ is hereby
defined as being certain property, title to which is held by the condo-~
minium association for the use and benefit of MEADOWBROOK LAKES VIEW
BUILDING H, a condominium and all other condominiums to be constructed
in the area legally described and set forth on Exhibit A-6 attached
hereto and made a part hereof and which is known as MEADOWBROOK LAKES
VIEW VILLAGE II. Common Area includes roadways utilized for
Building#
ingress or egress to the condominium property as well as to other con~
tiguous property. The easements are hereby reserved for the exclusive
use, benefit and enjoyment of the owners of property within MfADOWBROOK
LAKES VIEW BUILDING H, and the owners of property within all other
condominiums to be constructed in MEADOWBROOK LAKES VIEW VILLAGE II. Such
use includes the owners of property along with their lessees, licensees,
invitees and the holders of bona fide mortgages thereon. The Developers
and their successors and assigns, the personnel of the police and fire
departments and other governmental agencies and service companies having
valid jurisdiction over MEADOWBROOK LAKES VIEW VILLAGE II, while engaged
in the performance of their respective functions, and other utility
services as hereinafter provided and other utility services as more
specifically set forth in the documents attached hereto and made a part
hereof. It is contemplated that other condominium buildings shall be
constructed in the MEADOWBROOK LAKES VIEW VIL! AGE IL cor plex and along
with and contiguous to each condominium » shall be an additional "Common
Area". Each "Common Area” hall be designated as "Common Area Building
PY “Common Area Building . “Common Area Building li". Each common
area shall be owned by the condominium association, MEADOWBROOK LAKES
VIEW ‘CONDOMINIUM ASSOCIATION "A", INC. for the benefit of the members of
the condominium association. Each owner of a condominium apartment unit
shall have the right to complete use and free access, including easements
of ingress and cgress, over all of the "Common Areas" in MEADOWBROOK
LAKES VIEW VILLAGE IT. See Exhibit A-3.
(1) Recreation Area II: Recreation Arca II specifically
described and set forth in be
Exhibit A-4. Reereation Area II shall
deeded to the MEADOWBROOK LAKES
Inc. VIEW CONDOMINIUM ASSOCIATION "AY,
simultaneous with the recording of the Declaration of Condominium of
MEADOWBROOK Li ES VIEW BUILDING H. The Recreation Area shall be for
the benefit of the residents of MEADOWBROOK LAKES VIEW BUILDING FF and
all other condominiums constructed by the Developer in MEADOWBROOK LAKES
VIEW VILLAGE II. ‘The maintenance and expenses of the Recreational Area
shall be borne in accordance with the formula hereinafter set forth.
DEVELOPMENT PLAN
Iv. This condominium is being developed in accordance with the ao
survey of the land and graphic description and plot plan of improvements, on
constituting the condominium, identifying the apartment dwelling units,
common elements, easements, Common Area Building F, Recreation Area IT,
as said terms are defined herein and as are more particularly set forth
in the Exhibits which are attached hereto and made a part hereof. Each
apartment dwelling unit is identified by a specific number on Exhibit
A-2 and no other dwelling unit bears the same designation as any other
dwelling unit. Typical apartment floor plans are set forth on Exhibit
A-5 attached hereto and made a part hereof.
(1) The Developer
is the owner of the fee simple title to the
real property contiguous
this condominium. toThe real property is a
part hereof. This Exhibit is the proposed site plan of all condominium
buildings to be constructed in MEADOWBROOK LAKES VIEW VILLAGE II which is
a multi-phase condominium project. All of such condominium buildings are
being developed under a common plan as set forth herein. The site plan
is a proposed site plan of the location of additional condominiums which
the Developer may construct. Each parcel submitted to condominium form
of ownership pursuant to this common plan shall constitute a separate
condominium property, but all of the condominiums within “MEADOWB ROOK
LAKES VIEW VILLAGE II" shall be operated and governed by MEADOWBROOK
o
ae ane Da
attr e a
Cane
VIEW CONDOMINIUM ASSOCIATION “A", INC., a Florida non-profit corporation,
hereinafter designated and referred
All of to as "The Association".
the condominiums developed under the common plan may be referred to
collectively as "MEADOWBROOK LAKES VIEW VILLAGE II". All owners of
condominium apartment dwelling units within “MEADOWBROOK LAKES VIEW VILLAGE
II" shall have the right to use and enjoy all the common elements and common
areas and recreation areas appurtenant to any and all condominiums within
"MEADOWBROOK LAKES VIEW VILLAGE II", notwithstanding that such common
elements and common areas may be
located in another "Common Area" in said
“MEADOWBROOX LAKES VIEW VILLAGE II". The legal description above referred
to in the site plan on Exhibit A-6 would have excluded from it the pro-
perty submitted for condominium ownership under this Declaration of
Condominium as well as the Recreational Area II and Common Area.
(2) Each condominium in MEADOWBROOK LAKES VIEW VILLAGE II shall
be charged with a portion of those costs and expenses ( herein referred
to as Village Costs) and more particularly hereinafter defined, incurred
by MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., a Florida non-
profit corporation, in connection with those facilities and amenities of
the entire village of MEADOWBROOK LAKES VIEW VILLAGE II, such as by way
of illustration and not in limitation thereof, the maintenance, costs
and expenses of maintaining and operating Recreational Area II, the main-
tenance of the roadways and easements for ingress and egress, and street
lighting facilities, ny security services which may from time to . time
be employed by MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A . INC.,
any expenditures, capital or otherwise utilized in connection with the
lawn and grass maintenance, irrigation systems and/or maintenance of
the lake and any other cost and expenses necessary to maintain "Common
Area Building F", "Common Area Building G" and "Common Area Building H".
The portion of such costs to be paid by each condominium shall be a
fraction; the numerator of which shall be one and the denominator of
which shall be the total number of condominium buildings which may be
constructed under the Development Plan as set forth in Article Iv hereinabove,
all of which shall be located in "MEADOWBROOK LAKES VIEW VILLAGE II which is
legally described and set forth in Exhibit A-6 attached hereto and desig-
nated as the MEADOWBROOK LAKES VIEW Site Plan Buildings F-H. Each apart-
ment dwelling unit in each separate condominium shall be charged with
the condominium's share of expenses in accordance with said apartment
dwelling unit's percentage of ownership interest in the common elements
which are described and set forth on Exhibit “B" entitled 0! 0nN INERSHIP
INTEREST IN COMMON ELEMENTS, attached hereto and made a part hereof.
Assessments and provisions of Article XXXVII hereinafter set forth shall
apply,
(3) The common expenses incurred by each separate condominium
in "MEADOWBROOK LAKES VIEW VILLAGE II shall be paid to the MEADOWBROOK
LAKES VIEW CONDOMINIUM ASSOCIATION “A, INC. Each unit owner within a
particular condominium shall only be responsible for paying his pro-
portionate share of the common expenses of said condominium which shall
equal his percentage of ownership interests in the common elements of
the condominium which is described and set forth in Exhibit "BY entitled
“OWNERSHIP INTEREST IN COMMON ELEMENTS", attached hereto and made a part
hereof. No condominium in “MEADOWBROOK LAKES VIEW VILLAGE II shall be
responsible for paying any share or portion of expenses incurred by any BO
other condominium, ma
Each condominium shall be solely responsible for on
the expenses incurred by it plus its proportionate share of the village
costs,
(4) Nothing contained in this Declaration of Condominium shall
constitute an obligation or representation by Developer that additional
condominiums shall be constructed on property contiguous thereto. The
Development Plan contemplates the construction of additional condominiums
but no representation is herein made that such additional condominiums,
shall in fact be developed and constructed.
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RESTRICTION AGAINST FURTHER SUBDIVIDING OF APARTMENTS
AND SEPARATE CONVEYANCE OF APPURTENANT COMMON PROPERTY
Vv. No apartment dwelling unit may be divided or subdivided into
a small apartment dwelling unit or smaller apartment dwelling units than
as shown on Exhibits attached hereto, nor shall any apartment dwelling
unit, or portion thereof, be added to or incorporated into any other
apartment dwelling unit. The undivided interest in the common elements
declared to be an appurtenance to each apartment dwelling unit shall not
be conveyed, devised, encumbered or otherwise dealt with separately
from said apartment dwelling unit, and the undivided interest in common
elements appurtenant to each apartment dwelling unit shall be deemed
conveyed, devised, encumbered or otherwise included with the apartment
dwelling unit even though such undivided interest is not expressly
mentioned or described in the instrument conveying, devising, encumbering
or otherwise dealing with such apartment dwelling unit. Any conveyance,
Mortgage or other instrument which purports to affect the conveyance,
devise or encumbrance, or which purports to grant any right, interest
or lien in, to or upon, an apartment dwelling unit shall be null, void
and of no effect insofar as the same purports to affect any interest in
an apartment dwelling unit and its appurtenant undivided interest in
common elements, unless the same purports to convey, devise, encumber or
otherwise trade or deal with the entire apartment dwelling unit. Any
instrument conveying, devising, encumbering, or otherwise dealing with
any apartment @welling unit which describes said apartment dwelling
unit by the apartment dwelling unit number assigned thereto in Exhibit
A-2 without limitation or exception, shall be deemed and construed to
affect the entire apartment dwelling unit and its appurtenant undivided
interest in the common elements. Nothing herein contained shall be
construed as limiting or preventing ownership of any apartment dwe!
unit and its appurtenant undivided interest in the common elements
more than one person or entity as tenants in common, joint tenants, or
as tenants by the entirety.
PERPETUAL NON: XCLUSIVE EASEMENT IN COMMON ELEMENTS,
COMMON AREAS AND RECREATIONAL AREA
vi. The common elements and common areas and the recreational area
shall be, and the same is hereby declared to be subject to a perpetual
non-exclusive easement, which said easement is hereby created, in favor
of all of the owners of apartment dwelling units in the condominium and
in favor of all of the owners of apartment dwelling units in all condom-
iniums created pursuant to and for the purposes provided in the “Develop-
ment Plan” set forth in Article IV hereof within MEADOWBROOK LAKES VIEW
VILLAGE II for their use and the use of their immediate families, guests
and invitees for all proper and normal purposes and for the furnishing of
services and facilities for which the same are reasonably intended. Not-
withstanding anything above provided in this Article; the MEADOWBROOK
LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., herein identified, shall
have the right to establish the rules and regulations governing the uses
and enjoyment of all such common elements and pursuant to which the owner
or owners of any apartment dwelling units may be entitled to exclusive
use cf any area or space or spaces.
EASEMENT FGR UNINTENTIONAL AND NON-NEGLIGENT ENCROACHMENT
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vit. mn
In the event that any apartment dwelling unit shall encroach on
upon any common element for any reason not caused by the purposeful or
negligent act of the apartment dwelling unit owner or owners, or agents
of such owner or owners, then an easement appurtenant to such apartment
dwelling unit shall exist forthe continuance of such encroachment unto
the common elements for so long as such encroachment shall naturally
exist; and, in the event that any portion of the common elements shall
encroach upon any apartment dwelling unit, then an easement shall exist
for the continuance of such encroachment of the common elements into any
apartment dwelling unit for so long as such encroachment shall naturally
exist.
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RESTRAINT UPON SEPARATION AND PARTITION OF COMMON PROPERTY
vIIl. Recognizing that the proper use of an apartment dwelling
unit by any owner or owners is dependent upon the use and enjoyment of
the common elements in common with the owners of all other apartment
dwelling units, and that it is in the interest of all owners of apartment
dwelling units that the ownership of the common element be retained in
common by the owners of apartment dwelling units in the condominium, it
is declared that the percentage of the undivided interest in the common
elements appurtenant to each dwelling unit shall remain undivided and
no owner of any apartment dwelling unit shall bring or have any right
to bring any action for partition or division.
PERCENTAGE OF UNDIVIDED INTEREST IN COMMON ELEMEN'
APPURTENANT TO EACH DWELLING UNIT
IX. The undivided interest in common elements appurtenant to each
apartment dwelling unit is specifically set forth on Exhibit B attached
hereto and made a part hereof. Likewise, cach apartment dwelling unit
shall have appurtenant thereto the same undivided interest in and to the
common elements, subject, however, to the exclusive right of use of the
common element or elements which may be appurtenant to a particular
apartment dwelling unit.
EASEMENT FOR AIR SPACE
xX. The owner of cach apartment dwelling unit shall have an e kc lu~
sive easement for the use of the air space occupied by said apartment
dwelling unit as it exists at any particular time and as said apartment
dwelling unit may lawfully be altered or reconstructed from time to time,
which easement shall be terminated automatically in any air space which
is vacated from time to time.
EASEMENTS AND CROSS EASEMENTS
XI. Inasmuch as the condominium constitutes one phase of a multi-
phase project, there are hereby created casements in favor of any other
condominiums which may be constructed as a part of the "Development Plan"
in “MEADOWBROOK LAKES VIEW VILLAGE II" and the owners of property therein,
as well as for the Developer for ingress and egress which easements may
be necessary to provide power, electric, telephone, sewer, water and
other utility services and lighting facilities, irrigation, security ser-~
vice and facilities in connection therewith, and the like. Developer, for
itself, its nominees, and the Association herein described, reserved the
right to impose upon the common elements and common areas henceforth and
from time to time such easements and cross easements for any of the fore-
going purposes as it deems to be in the best interests of and necessary
and proper for, the Condominium and future condominiums which may be con-
structed in "MEADOWBROOK LAKES VIEW VILLAGE II
MINISTRATION OF CONDOMINIUM BY ASSOCIATION
XII. In order to provide for the efficient and effective adminis-
tration of the condominium by the owners of apartment dwelling units and
particularly in conjunction with other condominiums within “MEADOWBROOK 2o
LAKES VIEW VILLAGE II" and which may be constructed in the future in mn
“MEADOWBROOK LAKES VIEW VILLAGE II", as has more fully been set forth in
on
Article IV above, a non-profit corporation known and designated as
MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC. (heretofore
referred to as "the Association") has been organized and said corporation
shall administer the operation and management of the condominium and
other condominiums and undertake and perform all acts and duties incident
thereto in accordance with the terms, provisions and conditions of this
Declaration of Condominium and in accordance with the terms of the
Articles of Incorporation of the Association, its By-Laws and Covenants
lL
Beeson, Sn aro
net
and Restrictions promulagated by the Association from time to time.
A true copy of said Articles of Incorporation, By-Laws and Covenants
and Restrictions are annexed hereto and expressly made a part hereof
as Exhibits C and D respectively. The owner or owners Of each apart-
ment dwelling unit shall automatically become members of the Association
upon his, their or its acquisition of an ownership interest in title to
any apartment dwelling unit and its appurtenant undivided interest in
common elements, and the membership of such owner or owner
Preview
Case Number: CACE-21-007713 Division: 08 Filing # 125023758 E-Filed 04/15/2021 04:47:00 PM IN THE CIRCUIT COURT OF THE 1774 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. VICKI KATCHMERE, Plaintiff, VS. Meadowbrook Lakes View Condominium Association “A”, Inc., Florida Not-For-Profit Corporation, and FRANCISCO COLET, Defendant(s). / COMPLAINT Plaintiff, VICKI KATCHMERE, by and through the undersigned counseland hereby sues Defendants, Meadowbrook Lakes View Condominium Association “A”, Inc., a Florida Corporation not-for-profit (Defendant “Association” and Defendant FRANCISCO COLET (Defendant “Colet”) (Collectively “Defendants”) and says: GENERAL ALLEGATIONS L The real property giving rise to this lawsuit is located in Broward County, Florida. 2. Plaintiff, VICKI KATCHMERE, owns real property in Broward County, Florida, is over the age of 18 and is otherwise sui juris. 3 Defendant Association is a Florida corporation charged with the management and oversight of maintaining the building and condominium common areas and limited common areas located at the Meadowbrook Lakes View Building H, a Condominium, (“Meadowbrook”) for the property located in Broward County, Florida, #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/15/2021 04:46:57 PM.**#** and is otherwise sui juris. 4 Defendant Colet is over the age of 18, owns real property in Broward County, Florida is a member of Meadowbrook and is otherwise sui juris. 5: Plaintiff Katchmere owns Unit 107 within Meadowbrook. 6 Defendant Colet owns Unit 108 within Meadowbrook. 7: Plaintiff Katchmere’s and Defendant Colet’s units are located directly adjacent to each other. 8 The obligations of Defendant Association, pursuant to the Declaration of Condominium for the Association, recorded at O.R. Book 10477, at Page 265 of the Public Records of Broward County, Florida (the “Declaration”) and the Florida Condominium Act, Chapter 718 Fla. Stat. (the “Act”), are non-delegable. Copy of Declaration attached herein as Exhibit A. 9. Pursuant to the Declaration and Act Defendant Association owed a non- delegable, contractual and statutory dutyto maintain the common elements owned by the DefendantAssociation. 10. Defendant Association has possession and control over the applicable Common Areas of the Association as defined in the Declaration and Act. 11. Pursuant to the Declaration, the Units owned by Plaintiff Katchmere and Defendant Colet are part of the condominium property controlled by Defendant Association. 12. Defendant Association has exclusive obligation to maintain the common areas of Meadowbrook. 13. The walls, space, utilities and conduits located between Unit 107 and Unit 108 are Common Area or Common Elements of Meadowbrook. 14. During the months of January and February of 2021, Defendant Colet caused construction and renovations to be done to his unit, Unit 108 (the “Project”). 15. As part of the Project, the plumbing drains within his unit became clogged and stopped functioning properly as a drain. 16. As a direct and proximate result thereof, dirty and contaminated water backed up into Unit 108 and eventually leaked through the walls and common areas of between Unit 108 and Unit 107. 17. Plaintiff Katchmere’s Unit and personal property therein suffered water damage, and eventual mold and contamination as a result of the run-off from Unit 108 and the common areas of Meadowbrook. 18. Plaintiff Katchmere discovered the water intrusion and damage to her Unit on or about February 15, 2021. 19. Plaintiff Katchmere immediately reported the problem to Defendant Association. 20. Plaintiff Katchmere immediately reported the problem to Defendant Colet. 21. Defendant Association failed to acknowledge its responsibility to take proper remedial action to repair the problem. 22. Defendant Association informed Plaintiff Katchmere that Defendant Association had no responsibility to remedy the problem, fix the common areas or stop the water intrusion through the common areas. 23. During this period of time, in addition to the moisture intrusion, mold developed in Unit 107 contributing to conditions already making them unsuitable as a place to reside for Plaintiff Katchmere. 24. Defendant Association has also failed to maintain the common areas, and other limited common areas adjacent to Unit 107 such that water intrusion and moisture, have been allowed to penetrate theUnit. 25. Plaintiff Katchmere sent notice to Defendant Association demanding repair and remediation of the problem. Copy of notice attached hereto as Plaintiff's Exhibit B (“First Notice”). 26. Despite the First Notice, Defendant Association failed or refused to take any actions to remediate the damage, fix the common and limited common areas or take any action it was obligated to take by virtue of the Declaration and Act. 27. Plaintiff Katchmere having received no reply to the First Notice, sent a second notice to Defendant Association ("Second Notice"). Copy of Second Notice attached hereto as Plaintiff's Exhibit C. 28. Despite the Second Notice Defendant Association failed or refused to take any actions to remediate the problem, repair the common and limited common areas or take any actions required of it by the Declaration and Act. 29. Plaintiff Katchmere suffered damage to Plaintiff Katchmere’s Unit and personal property from Defendant Association’s failure to act. 30. Plaintiff Katchmere sent notice to Defendant Colet demanding he take immediate action to stop the water leak, remediate damage and repair his drain system. Copy of notice attached hereto as Plaintiff's Exhibit D. 31. In response to the notice, Defendant Colet responded to Plaintiff Katchmere that he was not responsible for the damage or to make repairs. 32. Plaintiff Katchmere suffered damages to her Unit and personal property as a direct and proximate result of Defendant Calais's actions and inaction. 33. Plaintiff Katchmere retained the undersigned counsel and agreed to pay a reasonable attorney’s fee for the prosecution of this case. 34. All conditions precedent to bring this action have been satisfied or waived. COUNTI BREACH OF CONTRACT (efendant Association) 35- Plaintiff Katchmere realleges the General Allegations and incorporates them herein by reference as if pled herein specifically. 36. This is a claim for damages greater than $30,000 within the jurisdiction of this Court. 37- This Court has jurisdictional over the parties and subject matter herein. 38. The Declaration is a contract between Plaintiff Katchmere and Defendant Association. 39- Defendant Association is obligated pursuant to the Declaration and Act to make repairs to the common areas and limited common areas of the Association. 40. Defendant Association was obligated to take action after receiving the First Notice and Second Notice from Plaintiff Katchmere. 41. Defendant Association failed or refused to take any action after having received the notices. 42. Defendant Association's failure to act was a breach of the Declaration. 43. Plaintiff Katchmere as a direct and proximate result of Defendant Association's breach suffered damages. WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Association for damages, interest, court costs, attorney fees and any further relates this Court deems just and equitable. The allegations contained in the Background Facts above are hereby incorporated by reference. COUNT II BREACH OF ACT (Defendant Association) 44. Plaintiff Katchmere realleges the General Allegations and incorporates them herein by reference as if pled herein specifically. 45. This is a claim for damages greater than $30,000 within the jurisdiction of this Court. 46. This Court has jurisdictional over the parties and subject matter herein. 47- Defendant Association is obligated pursuant to the Act to make repairs to the common areas and limited common areas of the Association. 48. Pursuant to the Act, Defendant Association was obligated to take action after receiving the First Notice and Second Notice from Plaintiff Katchmere. 49. Defendant Association failed or refused to take any action after having received the notices. 50. Defendant Association's failure to act was a breach of the Act. 51. Plaintiff Katchmere as a direct and proximate result of Defendant Association's breach suffered damages. WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Association for damages, interest, court costs, attorney fees and any further relates this Court deems just and equitable. The allegations contained in the Background Facts above are hereby incorporated by reference. COUNT III INJUNCTION PURSUANT TO 718.303 FLA. STAT. (Defendant Association 52. Plaintiff Katchmere realleges the General Allegations and incorporates them herein by reference as if pled herein specifically. 53- This is a claim for an injunction within the jurisdiction of this Court. 54. This Court has jurisdictional over the parties and subject matter herein. 55- Defendant Association is obligated pursuant to the Act to make repairs to the common areas and limited common areas of the Association. 56. Pursuant to the Act, Plaintiff Katchmere cannot legally make repairs, alterations or modifications to the common areas, limited common areas, common elements of Meadowbrook. 57: Plaintiff Katchmere has no adequate remedy at law. 58. Plaintiff Katchmere is suffering irreparable injury as a result of Defendant Association's failure to act in that Plaintiff Katchmere cannot reasonably make repairs to mitigate her damages due to the fact that she cannot legally repair, alter or modify the walls within her Unit. 59- As a result of the water infiltration into her Unit, the Unit is suffering mold infiltration. 60. As a result of the water and mold infiltration in her Unit, her Unit is uninhabitable. 61. As a result of not being able to alter, modify or repair the walls in her Unit, Plaintiff Katchmere cannot effectively remediate the mold from her Unit. 62. Defendant Association, by virtue of the Declaration and Act, is obligated to make such repairs and remediate the mold in the common areas and limited common areas of Meadowbrook. 63. It is the public policy of the State of Florida to enforce contracts between parties and obligations under its statutes. 64. §718.303 Florida Statutes provides that injunctions are available as a remedy for an association's breach of the Declaration or Act. 65. Defendant Association's failure to act was a breach of the Act and Declaration. WHEREFORE, Plaintiff Katchmere demands an injunction against Defendant Association to require it to comply with its obligations under the Act and Declaration, to remediate the mold, make repairs to the common elements and limited common elements of Plaintiff Katchmere’s Unit for court costs and reasonable attorney fees and any further relates this Court deems just and equitable. COUNT IV BREACH OF CONTRACT (Defendant Colet) 66. Plaintiff Katchmere realleges the General Allegations and incorporates them herein by reference as if pled herein specifically. 67. This is a claim for damages greater than $30,000 within the jurisdiction of this Court. 68. This Court has jurisdictional over the parties and subject matter herein. 69. The Declaration is a contract between Plaintiff Katchmere and Defendant Colet. 70. Defendant Colet is obligated pursuant to the Declaration to not do anything that constitutes a nuisance. 71. Defendant Colet is obligated, pursuant to the Declaration, to not cause damage to another unit owner within the association. 72. Defendant Colet was obligated to take action after receiving notice from Plaintiff Katchmere to stop the water intrusion and leaks into her Unit. 73+ Defendant Colet failed or refused to take any action after having received the notice. 74- Defendant Colet’s failure to act was a breach of the Declaration. 75+ Plaintiff Katchmere as a direct and proximate result of Defendant Colet’s breach suffered damages. WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Colet for damages, interest, court costs, attorney fees and any further relates this Court deems just and equitable. The allegations contained in the Background Facts above are hereby incorporated by reference. COUNT V BREACH OF ACT (Defendant Colet) 76. Plaintiff Katchmere realleges the General Allegations and incorporates them herein by reference as if pled herein specifically. 77: This is a claim for damages greater than $30,000 within the jurisdiction of this Court. 78. This Court has jurisdictional over the parties and subject matter herein. 79. Defendant Colet is obligated pursuant to the Act to not take any action that constitutes a nuisance. 80. Defendant Colet allowing his drain to be blocked and causing water to leak into Plaintiff Katchmere’s unit constitutes a nuisance. 81. Pursuant to the Act, Defendant Colet was obligated to take action after receiving notice from Plaintiff Katchmere. 82. Defendant Colet failed or refused to take any action after having received the notices. 83. Defendant Colet’s failure to act was a breach of the Act. 84. Plaintiff Katchmere as a direct and proximate result of Defendant Colet’s breach suffered damages. WHEREFORE, Plaintiff Katchmere demands judgment against Defendant Colet for damages, interest, court costs, attorney fees and any further relates this Court deems just and equitable. The allegations contained in the Background Facts above are hereby incorporated by reference. /s/ Edward F. Holodak Edward F. Holodak, Esquire Fla. Bar No. 059234 EDWARD F. HOLODAK, P.A. 7580 NW sth Street, Suite 15125 Plantation, Florida 33317 Telephone: (954) 927-3436 Facsimile: (954) 239-5786 pleadings@holodakpa.com nee Boct.~f AGA Paul ATTORNEY AT Law suite 102 82-289023 4730 NORTH PEORRAL HIGHWAY FORT taupempaus FLOMIOA 33300 3 i. 7 310 DECLARATION OF CONDOMIN 82-2830 2 vo MEADOWBROOK LAKES VIEW BUILDING H A Condominium MADE this 29th day of April, 1981, by MEADOWBROOK LAKES, INC., a Florida corporation, herein called "Developer", for itself, its successors, grantees and assigns. DECLARATION The Developer makes the following declaration: I PURPOSE: This Declaration submits the MEADOWBROOK LAKES VIEW BUILDING H apartment building and the land on which it is located, to a condominium form of ownership and use in the manner provided by Chapter 718, Florida Statutes, as amended, herein called the Condominium xo Act. (1) Name and Address: The name by which this condominium apartment building is to be identified is MEADOWBROOK LAKES VIEW BUILDING H, a condominium and its address i :: 301 Ss. E. Third Street, Dania, Florida. (2) The Condominium Land, Survey, Plot Plan and Improvements: The lands owned by the Developer which are hereby submitted to the con- dominium form of ownership are located in Broward County, Florida and are as legally described in Exhibit A-l attached hereto and made a part hereof. il. The terms used herein, or in the Exhibits attached hereto shall have the meanings stated in the Condominium Act and as follows, unless the context otherwise requires. (1) Residence, Apartment or Dwelling Unit: Residence, apartment or dwelling unit as the term is used herein, Shall mean and comprise the separate and numbered apartment units which are designed in Exhibit A-2 to this Declaration of Condominium, excluding, however, all spaces and improvements lying beneath the undecorated and/or unfinished inner surfaces of the perimeter walls and floors, and above the undecorated and/or unfinished inner surfaces of the upper top ceilings of each dwell- ing unit and further, excluding all spaces and improvements lying beneath walls, and/or bearing partitions, and further excluding all pipes, ducts, wires, conduits and other facilities running through any interior wall or partition for the furnishing of utility services to apartment dwelling units and common elements. (2) Common Flements: Common Elements as the term is used herein shall mean and comprise all of the real property, improvements and fac~ ilities of the condominium other than the apartment dwelling units as the same are defined herein, all of which are more particularly described and set forth in Exhibit A-l. Common elements shall include easements through apartment dwelling units for all conduits, pipes, plumbing, wir- zo ma ing and all other facilities for the furnishing of utility services to on EXHIBIT 2 7 C PREPARED BY: RALPH Pau DeouGeas SuiTh t02 \S YISOMORTH FROERAL Hielsody FT. LAU OERDALE FLA, 33308 Tl-tsie EXHIBIT "A" ne nae ee an apartment dwelling units and common elements and easements of support in every portion of an apartment dwelling unit which contributes to the support of the improvements, and shall further include all personal property held and maintained for the joint use and enjoyment of all of the owners of all such apartment dwelling units. Tir. (OMMON AREA BUILDING H: “Common Area BuildingH “ is hereby defined as being certain property, title to which is held by the condo-~ minium association for the use and benefit of MEADOWBROOK LAKES VIEW BUILDING H, a condominium and all other condominiums to be constructed in the area legally described and set forth on Exhibit A-6 attached hereto and made a part hereof and which is known as MEADOWBROOK LAKES VIEW VILLAGE II. Common Area includes roadways utilized for Building# ingress or egress to the condominium property as well as to other con~ tiguous property. The easements are hereby reserved for the exclusive use, benefit and enjoyment of the owners of property within MfADOWBROOK LAKES VIEW BUILDING H, and the owners of property within all other condominiums to be constructed in MEADOWBROOK LAKES VIEW VILLAGE II. Such use includes the owners of property along with their lessees, licensees, invitees and the holders of bona fide mortgages thereon. The Developers and their successors and assigns, the personnel of the police and fire departments and other governmental agencies and service companies having valid jurisdiction over MEADOWBROOK LAKES VIEW VILLAGE II, while engaged in the performance of their respective functions, and other utility services as hereinafter provided and other utility services as more specifically set forth in the documents attached hereto and made a part hereof. It is contemplated that other condominium buildings shall be constructed in the MEADOWBROOK LAKES VIEW VIL! AGE IL cor plex and along with and contiguous to each condominium » shall be an additional "Common Area". Each "Common Area” hall be designated as "Common Area Building PY “Common Area Building . “Common Area Building li". Each common area shall be owned by the condominium association, MEADOWBROOK LAKES VIEW ‘CONDOMINIUM ASSOCIATION "A", INC. for the benefit of the members of the condominium association. Each owner of a condominium apartment unit shall have the right to complete use and free access, including easements of ingress and cgress, over all of the "Common Areas" in MEADOWBROOK LAKES VIEW VILLAGE IT. See Exhibit A-3. (1) Recreation Area II: Recreation Arca II specifically described and set forth in be Exhibit A-4. Reereation Area II shall deeded to the MEADOWBROOK LAKES Inc. VIEW CONDOMINIUM ASSOCIATION "AY, simultaneous with the recording of the Declaration of Condominium of MEADOWBROOK Li ES VIEW BUILDING H. The Recreation Area shall be for the benefit of the residents of MEADOWBROOK LAKES VIEW BUILDING FF and all other condominiums constructed by the Developer in MEADOWBROOK LAKES VIEW VILLAGE II. ‘The maintenance and expenses of the Recreational Area shall be borne in accordance with the formula hereinafter set forth. DEVELOPMENT PLAN Iv. This condominium is being developed in accordance with the ao survey of the land and graphic description and plot plan of improvements, on constituting the condominium, identifying the apartment dwelling units, common elements, easements, Common Area Building F, Recreation Area IT, as said terms are defined herein and as are more particularly set forth in the Exhibits which are attached hereto and made a part hereof. Each apartment dwelling unit is identified by a specific number on Exhibit A-2 and no other dwelling unit bears the same designation as any other dwelling unit. Typical apartment floor plans are set forth on Exhibit A-5 attached hereto and made a part hereof. (1) The Developer is the owner of the fee simple title to the real property contiguous this condominium. toThe real property is a part hereof. This Exhibit is the proposed site plan of all condominium buildings to be constructed in MEADOWBROOK LAKES VIEW VILLAGE II which is a multi-phase condominium project. All of such condominium buildings are being developed under a common plan as set forth herein. The site plan is a proposed site plan of the location of additional condominiums which the Developer may construct. Each parcel submitted to condominium form of ownership pursuant to this common plan shall constitute a separate condominium property, but all of the condominiums within “MEADOWB ROOK LAKES VIEW VILLAGE II" shall be operated and governed by MEADOWBROOK o ae ane Da attr e a Cane VIEW CONDOMINIUM ASSOCIATION “A", INC., a Florida non-profit corporation, hereinafter designated and referred All of to as "The Association". the condominiums developed under the common plan may be referred to collectively as "MEADOWBROOK LAKES VIEW VILLAGE II". All owners of condominium apartment dwelling units within “MEADOWBROOK LAKES VIEW VILLAGE II" shall have the right to use and enjoy all the common elements and common areas and recreation areas appurtenant to any and all condominiums within "MEADOWBROOK LAKES VIEW VILLAGE II", notwithstanding that such common elements and common areas may be located in another "Common Area" in said “MEADOWBROOX LAKES VIEW VILLAGE II". The legal description above referred to in the site plan on Exhibit A-6 would have excluded from it the pro- perty submitted for condominium ownership under this Declaration of Condominium as well as the Recreational Area II and Common Area. (2) Each condominium in MEADOWBROOK LAKES VIEW VILLAGE II shall be charged with a portion of those costs and expenses ( herein referred to as Village Costs) and more particularly hereinafter defined, incurred by MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., a Florida non- profit corporation, in connection with those facilities and amenities of the entire village of MEADOWBROOK LAKES VIEW VILLAGE II, such as by way of illustration and not in limitation thereof, the maintenance, costs and expenses of maintaining and operating Recreational Area II, the main- tenance of the roadways and easements for ingress and egress, and street lighting facilities, ny security services which may from time to . time be employed by MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A . INC., any expenditures, capital or otherwise utilized in connection with the lawn and grass maintenance, irrigation systems and/or maintenance of the lake and any other cost and expenses necessary to maintain "Common Area Building F", "Common Area Building G" and "Common Area Building H". The portion of such costs to be paid by each condominium shall be a fraction; the numerator of which shall be one and the denominator of which shall be the total number of condominium buildings which may be constructed under the Development Plan as set forth in Article Iv hereinabove, all of which shall be located in "MEADOWBROOK LAKES VIEW VILLAGE II which is legally described and set forth in Exhibit A-6 attached hereto and desig- nated as the MEADOWBROOK LAKES VIEW Site Plan Buildings F-H. Each apart- ment dwelling unit in each separate condominium shall be charged with the condominium's share of expenses in accordance with said apartment dwelling unit's percentage of ownership interest in the common elements which are described and set forth on Exhibit “B" entitled 0! 0nN INERSHIP INTEREST IN COMMON ELEMENTS, attached hereto and made a part hereof. Assessments and provisions of Article XXXVII hereinafter set forth shall apply, (3) The common expenses incurred by each separate condominium in "MEADOWBROOK LAKES VIEW VILLAGE II shall be paid to the MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION “A, INC. Each unit owner within a particular condominium shall only be responsible for paying his pro- portionate share of the common expenses of said condominium which shall equal his percentage of ownership interests in the common elements of the condominium which is described and set forth in Exhibit "BY entitled “OWNERSHIP INTEREST IN COMMON ELEMENTS", attached hereto and made a part hereof. No condominium in “MEADOWBROOK LAKES VIEW VILLAGE II shall be responsible for paying any share or portion of expenses incurred by any BO other condominium, ma Each condominium shall be solely responsible for on the expenses incurred by it plus its proportionate share of the village costs, (4) Nothing contained in this Declaration of Condominium shall constitute an obligation or representation by Developer that additional condominiums shall be constructed on property contiguous thereto. The Development Plan contemplates the construction of additional condominiums but no representation is herein made that such additional condominiums, shall in fact be developed and constructed. 9 : es " get yea in rae etl RESTRICTION AGAINST FURTHER SUBDIVIDING OF APARTMENTS AND SEPARATE CONVEYANCE OF APPURTENANT COMMON PROPERTY Vv. No apartment dwelling unit may be divided or subdivided into a small apartment dwelling unit or smaller apartment dwelling units than as shown on Exhibits attached hereto, nor shall any apartment dwelling unit, or portion thereof, be added to or incorporated into any other apartment dwelling unit. The undivided interest in the common elements declared to be an appurtenance to each apartment dwelling unit shall not be conveyed, devised, encumbered or otherwise dealt with separately from said apartment dwelling unit, and the undivided interest in common elements appurtenant to each apartment dwelling unit shall be deemed conveyed, devised, encumbered or otherwise included with the apartment dwelling unit even though such undivided interest is not expressly mentioned or described in the instrument conveying, devising, encumbering or otherwise dealing with such apartment dwelling unit. Any conveyance, Mortgage or other instrument which purports to affect the conveyance, devise or encumbrance, or which purports to grant any right, interest or lien in, to or upon, an apartment dwelling unit shall be null, void and of no effect insofar as the same purports to affect any interest in an apartment dwelling unit and its appurtenant undivided interest in common elements, unless the same purports to convey, devise, encumber or otherwise trade or deal with the entire apartment dwelling unit. Any instrument conveying, devising, encumbering, or otherwise dealing with any apartment @welling unit which describes said apartment dwelling unit by the apartment dwelling unit number assigned thereto in Exhibit A-2 without limitation or exception, shall be deemed and construed to affect the entire apartment dwelling unit and its appurtenant undivided interest in the common elements. Nothing herein contained shall be construed as limiting or preventing ownership of any apartment dwe! unit and its appurtenant undivided interest in the common elements more than one person or entity as tenants in common, joint tenants, or as tenants by the entirety. PERPETUAL NON: XCLUSIVE EASEMENT IN COMMON ELEMENTS, COMMON AREAS AND RECREATIONAL AREA vi. The common elements and common areas and the recreational area shall be, and the same is hereby declared to be subject to a perpetual non-exclusive easement, which said easement is hereby created, in favor of all of the owners of apartment dwelling units in the condominium and in favor of all of the owners of apartment dwelling units in all condom- iniums created pursuant to and for the purposes provided in the “Develop- ment Plan” set forth in Article IV hereof within MEADOWBROOK LAKES VIEW VILLAGE II for their use and the use of their immediate families, guests and invitees for all proper and normal purposes and for the furnishing of services and facilities for which the same are reasonably intended. Not- withstanding anything above provided in this Article; the MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., herein identified, shall have the right to establish the rules and regulations governing the uses and enjoyment of all such common elements and pursuant to which the owner or owners of any apartment dwelling units may be entitled to exclusive use cf any area or space or spaces. EASEMENT FGR UNINTENTIONAL AND NON-NEGLIGENT ENCROACHMENT zo vit. mn In the event that any apartment dwelling unit shall encroach on upon any common element for any reason not caused by the purposeful or negligent act of the apartment dwelling unit owner or owners, or agents of such owner or owners, then an easement appurtenant to such apartment dwelling unit shall exist forthe continuance of such encroachment unto the common elements for so long as such encroachment shall naturally exist; and, in the event that any portion of the common elements shall encroach upon any apartment dwelling unit, then an easement shall exist for the continuance of such encroachment of the common elements into any apartment dwelling unit for so long as such encroachment shall naturally exist. lo Botte a mm oH ee RESTRAINT UPON SEPARATION AND PARTITION OF COMMON PROPERTY vIIl. Recognizing that the proper use of an apartment dwelling unit by any owner or owners is dependent upon the use and enjoyment of the common elements in common with the owners of all other apartment dwelling units, and that it is in the interest of all owners of apartment dwelling units that the ownership of the common element be retained in common by the owners of apartment dwelling units in the condominium, it is declared that the percentage of the undivided interest in the common elements appurtenant to each dwelling unit shall remain undivided and no owner of any apartment dwelling unit shall bring or have any right to bring any action for partition or division. PERCENTAGE OF UNDIVIDED INTEREST IN COMMON ELEMEN' APPURTENANT TO EACH DWELLING UNIT IX. The undivided interest in common elements appurtenant to each apartment dwelling unit is specifically set forth on Exhibit B attached hereto and made a part hereof. Likewise, cach apartment dwelling unit shall have appurtenant thereto the same undivided interest in and to the common elements, subject, however, to the exclusive right of use of the common element or elements which may be appurtenant to a particular apartment dwelling unit. EASEMENT FOR AIR SPACE xX. The owner of cach apartment dwelling unit shall have an e kc lu~ sive easement for the use of the air space occupied by said apartment dwelling unit as it exists at any particular time and as said apartment dwelling unit may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any air space which is vacated from time to time. EASEMENTS AND CROSS EASEMENTS XI. Inasmuch as the condominium constitutes one phase of a multi- phase project, there are hereby created casements in favor of any other condominiums which may be constructed as a part of the "Development Plan" in “MEADOWBROOK LAKES VIEW VILLAGE II" and the owners of property therein, as well as for the Developer for ingress and egress which easements may be necessary to provide power, electric, telephone, sewer, water and other utility services and lighting facilities, irrigation, security ser-~ vice and facilities in connection therewith, and the like. Developer, for itself, its nominees, and the Association herein described, reserved the right to impose upon the common elements and common areas henceforth and from time to time such easements and cross easements for any of the fore- going purposes as it deems to be in the best interests of and necessary and proper for, the Condominium and future condominiums which may be con- structed in "MEADOWBROOK LAKES VIEW VILLAGE II MINISTRATION OF CONDOMINIUM BY ASSOCIATION XII. In order to provide for the efficient and effective adminis- tration of the condominium by the owners of apartment dwelling units and particularly in conjunction with other condominiums within “MEADOWBROOK 2o LAKES VIEW VILLAGE II" and which may be constructed in the future in mn “MEADOWBROOK LAKES VIEW VILLAGE II", as has more fully been set forth in on Article IV above, a non-profit corporation known and designated as MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC. (heretofore referred to as "the Association") has been organized and said corporation shall administer the operation and management of the condominium and other condominiums and undertake and perform all acts and duties incident thereto in accordance with the terms, provisions and conditions of this Declaration of Condominium and in accordance with the terms of the Articles of Incorporation of the Association, its By-Laws and Covenants lL Beeson, Sn aro net and Restrictions promulagated by the Association from time to time. A true copy of said Articles of Incorporation, By-Laws and Covenants and Restrictions are annexed hereto and expressly made a part hereof as Exhibits C and D respectively. The owner or owners Of each apart- ment dwelling unit shall automatically become members of the Association upon his, their or its acquisition of an ownership interest in title to any apartment dwelling unit and its appurtenant undivided interest in common elements, and the membership of such owner or owner