Complaint,Petition: GRAHAM, KEITH et al.vs.DEER ISLAND HOMEOWNERS ASSOCIATION OF KILLARNEYINC

On November 14, 2018 a Complaint,Petition was filed involving a dispute between Jolynn Graham, Keith Graham, and Deer Island Homeowners Association Of Killarneyinc, for CA - Other Real Property Actions (up to $50,000) in the District Court of Orange County.

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Filing #80808072 E-Filed 11/14/2018 04:18:18 PM

IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN
AND FOR ORANGE COUNTY,
FLORIDA

KEITH GRAHAM and
JOLYNN GRAHAM CASE NO.

Plaintiffs,

DEER ISLAND HOMEOWNERS’
ASSOCIATION OF KILLARNEY,
INC.,
Defendant.
/

COMPLAINT SEEKING SUMMARY PROCEDURE PURSUANT
TO FLA. STAT. 51.011 FOR VIOLATIONS OF FLA. STAT.
720.30851

Plaintiffs, Keith Graham and Jolynn Graham, (the “Grahams”), through their

undersigned counsel sue Defendant, Deer Island Homeowners’ Association of

Killarney, Inc. (the “HOA”), for violating Section 720.30851, Fla. Stat., and as

grounds therefore state:

JURISDICTION

1 This Court has jurisdiction over this action because the Complaint

seeks damages, declaratory and equitable relief to resolve the HOA’s false claims
against the Grahams’ real property located in Orange County, Florida as a result of

to the HOA’s multiple violations of Section 720.30851.

PARTIES

2 The DEFENDANT HOA is a Florida non-profit homeowners’

association for the Deer Island Subdivision located in Orange County, Florida, that

has a statutory obligation to provide true estoppel certificates and comply with

Section 720.30851, Fla. Stat. 2018 regulating homeowners’ associations.

3 PLAINTIFFS Grahams are Members of the HOA that own Lot 46

Phase I of the Deer Island Subdivision according to Plat Book 15, Page 63 of the

Public Records of Orange County, Florida (“Lot 46”), and also owned Lot 45 Phase

I of the Deer Island Subdivision (“Lot 45”) up until September 28, 2017.

PRIOR _HISTORY- GRAHAMS’ RELIANCE ON PRIOR HOA
ESTOPPEL CERTIFICATE FOR LOT 45 AND HOA’S WAIVER OF
PARKING DISPUTE ATTORNEY FEES.

4 On September 28, 2017 the Grahams sold Lot 45 and paid all sums the

HOA claimed to be due in the September 22, 2017 HOA Estoppel Certificate

attached hereto as Exhibit A for Lot 45 under protest.

5 Exhibit A falsely claimed the Grahams owed prior disputed HOA pre-

suit attorney fees that were not based upon any contract or statute and were not

awarded to the HOA against the Grahams, in any litigation or adjudication of any
action, relating to an alleged boat and trailer parking violation on Lot 45 that had

been voluntarily removed by the Grahams on September 1, 2016.

6 The HOA’s Exhibit A Estoppel Certificate does not reflect any transfer

fee, any estoppel certificate fee, or that any violation of any HOA covenant by the

Grahams, Lot 45, or Lot 46 existed on September 22, 2017.

7 Since the September 22, 2017 Exhibit A Estoppel Certificate, there has

been no boat or trailer parked on Lot 45 or Lot 46.

8 The Grahams relied upon the HOA’s Exhibit A Estoppel Certificate

by paying all sums sought by the HOA therein.

9 Pursuant to Section 720.3085 1(3), Fla. Stat., the HOA waived the right

to collect any sums in excess of those paid by the Grahams pursuant to Exhibit A.

10. There has never been any boat or trailer parked on Lot 46 that the HOA

has claimed constituted a HOA covenant violation.

11. There has been no legal action filed by the HOA requesting any Court

to enforce any boat or trailer parking covenant against the Grahams, Lot 45 or Lot

46.

12. The HOA has never prevailed in any legal action against the Grahams,

Lot 45, or Lot 46.

13, The HOA has never been awarded any attorneys’ fees against the

Grahams, Lot 45 or Lot 46.
14. The HOA Board has never authorized any attorney to file any legal

action against the Grahams, Lot 45 or Lot 46.

15. There is no contract or statute that requires the Grahams to pay the

HOA for pre-suit attorneys’ fees.

16. There is no contract or statute that requires the Grahams to pay the

HOA for estoppel fees.

17. There is no contract or statute that requires the Grahams to pay the

HOA for transfer fees.

18. All conditions precedent to the relief sought herein have occurred or

have been waived.

HOA’S OCTOBER 24, 2018 AND SUBSEQUENT VIOLATIONS OF
SECTION 720.30851 FLORIDA STATUTES 2018

19. In reviewing the HOA website to request a HOA estoppel certificate on

October 24, 2018, Keith Graham found that the HOA website did not identify any

email address or mailing address to obtain the HOA estoppel certificate, violating the

Section 720.30851 introductory paragraph.

20. On October 24, 2018 Keith Graham requested a Section

720.3085 estoppel certificate for Lot 46, from the only email address and mailing

address that were listed on the HOA website, and notified the HOA it was violating

Section 720.30851, a copy of which is attached as Exhibit B.
21. Section 720.30851 also requires HOAs to provide estoppel certificates

containing all of the following information, and a statutory remedy for HOA

violations:

(1) ... The estoppel certificate must contain all of the
following information and must be substantially in the
following form:
* OK

(b) Name(s) of the parcel owner(s) as reflected
in the books and records of the association:

() Attorney’s name and contact information if
the account is delinquent and has been turned over
to an attorney for collection. No fee may be
charged for this information.
(f) Fee for the preparation and delivery of the
estoppel certificate: 00.0.0... cceceeeeeeeees
(g) Name of the requestor: ..............0006
(h) Assessment information and other
information:
ASSESSMENT INFORMATION:
1 The regular period assessment levied
against the parcel is $ per (insert frequency of
payment) .
2. The regular periodic assessment is
paid through (insert date paid through) .
3 The next installment of the regular
periodic assessment is due (insert due date) in the
amount of $
4 An itemized list of all assessments,
special assessments, and other moneys owed on the
date of issuance to the association by the parcel
owner for a specific parcel is provided.
5 An itemized list of any additional
assessments, special assessments, and other moneys
that are scheduled to become due for each day after
the date of issuance for the effective period of the
estoppel certificate is provided. In calculating the
amounts that are scheduled to become due, the
association may assume that any delinquent
amounts will remain delinquent during the effective
period of the estoppel certificate.
OTHER INFORMATION:
6 Is there a capital contribution fee,
resale fee, transfer fee, or other fee due?
If yes, specify the
type and amount of the fee.
7 Is there any open violation of rule or
regulation noticed to the parcel owner in the
association official records?

8 Do the rules and regulations of the
association applicable to the parcel require approval
by the board of directors of the association for the
transfer of the parcel?
If yes, has the board approved the
transfer of the parcel?
9 Is there a right of first refusal provided
to the members or the association? ................008
If yes, have the members or the
association exercised that right of first refusal?

ORR

11. Provide contact information for all
insurance maintained by the association.
12. Provide the signature of an officer or
authorized agent of the association.
eR *

(3) An association waives the right to collect any moneys
owed in excess of the amounts specified in the estoppel
certificate from any person who in good faith relies upon
the estoppel certificate and from the person’s successors
and assigns.
(4) If an association receives a request for an estoppel
certificate from a parcel owner or the parcel owner’s
designee, or a parcel mortgagee or the parcel mortgagee’s
designee, and fails to deliver the estoppel certificate within
10 business days, a fee may not be charged for the
preparation and delivery of that estoppel certificate.

(5) A summary proceeding pursuant to s. 51.011 may be
brought to compel compliance with this section, and the
prevailing party is entitled to recover reasonable attorney
fees.

(6) An association or its authorized agent may charge a
reasonable fee for the preparation and delivery of an
estoppel certificate, which may not exceed $250, if, on the
date the certificate is issued, no delinquent amounts are
owed to the association for the applicable parcel. If an
estoppel certificate is requested on an expedited basis and
delivered within 3 business days after the request, the
association may charge an additional fee of $100. If a
delinquent amount is owed to the association for the
applicable parcel, an additional fee for the estoppel
certificate may not exceed $150.

ke *

(8) The authority to charge a fee for the preparation and
delivery of the estoppel certificate must be established by
a written resolution adopted by the board or provided by a
written management, bookkeeping, or maintenance
contract and is payable upon the preparation of the
certificate.

22. On November 1, 2018, the HOA also violated 720.30851 by providing

the non-complying false estoppel certificate for Lot 46 attached hereto as Exhibit C.
23. The HOA’s Lot 46 Estoppel Certificate in paragraph 4 violates

720.30851 by failing to “provide an itemized list of all assessments, special

assessments, and other moneys owed”, and by misrepresenting the HOA is owed

sums that are not owed and cannot be collected by the HOA.

24. The HOA’s Lot 46 Estoppel Certificate violates 720.30851 by

misrepresenting the Grahams owe a lump sum pre-suit attorney fee assessment of

$6,957.50, which fails to itemize: any dates the fees were incurred, amounts for each

service provided; descriptions of each service provided; the rates charged by each

attorney; the identities of attorneys allegedly providing each service; each date of

assessment against the Grahams; each due date for any fees; a contractual basis for

fees; a statutory entitlement, judgment, invoice, notice of assessment, or any other

legal requirements to itemize and legally assess the false HOA attorney fees against

the Grahams.

25% The HOA violated 720.30851 because it knows that the Grahams do

not owe the HOA $6,975.50 in attorney fees because there is no contract or statute

that allows the HOA to assess or collect pre-suit attorney fees.

26. The HOA’s Lot 46 Estoppel Certificate also violates 720.30851(1) and

(3) in paragraph 4 by misrepresenting that the HOA assessed or is owed attorney fees

the HOA also waived, relating to the prior boat and trailer issue on Lot 45, by

providing Exhibit A and accepting the Grahams’ September 28, 2017 payment.
27. The HOA knows the Lot 46 Estoppel Certificate is false.

28. In Paragraph 7 of Exhibit C, the HOA admits there is no open boat or

trailer parking violation.

29. The HOA also knows the representations in Exhibit C are false because

the HOA concealed and never notified the Grahams of the false $6,957.50 attorney

fee claim set forth in the HOA’s false Exhibit C Estoppel Certificate.

30. In Paragraph I(e) of Exhibit C, the HOA admits it has hired no attorney

to collect the attorney fees it falsely claims in Exhibit C, stating:

(e) Attorney’s name and contact information if the
account is delinquent and has been turned over to an
attorney for collection. No fee may be charged for this
information. Not applicable as the account has not been
turned over to an attorney for collection.

aL. The HOA’s representations in paragraph 6 of Exhibit C, that the

Grahams owe $100.00 for a transfer fee are also false, another violation of 720.30851,

because Lot 46 had not been transferred prior to November 1, 2018.

32; The Grahams did not agree for the HOA to assess transfer fees and there

is no statute authorizing this fee without the owners’ agreement.

33. The Grahams did not agree to pay any estoppel fee for the false Exhibit

C HOA Lot 46 estoppel certificate.
34. The Grahams are not liable for future estoppel fees due to the lack of

any agreement where the Grahams authorized the HOA to collect any future estoppel

fee.

35: The estoppel fee and transfer fee for Lot 46 are additional HOA

violations of Section 720.30851 due to these false HOA charges in Exhibit C.

36. The HOA’s violations of Section 720.30851 establish the HOA failed

to provide the required true Lot 46 Estoppel Certificate within 10 days, preclude the

HOA from collecting any fee for preparation of the false Lot 46 Estoppel Certificate,

and entitles the Grahams to recover their attorney fees, costs, and resulting damages.

37. The HOA Board cannot assess and collect pre-suit attorneys’ fees,

transfer fees and estoppel fees because they have not been authorized to do so by the

HOA members.

38. The HOA’s breaches of Section 720.30851 have damaged the Grahams

by delaying their ability to market and sell Lot 46 until the HOA’s statutory violations

have been resolved by final judgment in this action.

39. The HOA’s breaches of 720.30851 are causing the following damages

to the Grahams, the loss of pre-judgment interest on the present market value of Lot

46, continued monthly Lot 46 ownership expenses, including but not limited to

maintenance expenses during this dispute, taxes that accrue during this dispute,

utilities charges during this dispute, HOA dues incurred during this dispute, HOA

10
dues that have been collected from the Grahams that the HOA has improperly

expended and will be required to expend due to the HOA’s violations of §720.30851,

insurance costs during this dispute, any decline in the value of Lot 46, and such other

expenses that continue to accrue after November 1, 2018 until the final resolution of

this action, plus the Grahams’ costs, attorney fees incurred in this action, and such

other relief as the Court deems appropriate.

40. The HOA’s repeated violations of Section 720.30851 entitle the

Grahams to declaratory and injunctive relief compelling the HOA to comply with

Section 720.30851, enjoining the HOA from violating Section 720.30851, holding

that the HOA has no right to assess pre-suit attorneys’ fees, estoppel fees and transfer

fees against its members, Section 720.30851 also bars the HOA from claiming any

of these fees are owed by the Grahams because they relied upon and paid all amounts

the HOA claimed in its Exhibit A HOA Estoppel Certificate as a result of the only

alleged pre-September 1, 2017 boat and trailer parking on Lot 45, such that the

Grahams owe no moneys to the HOA, the HOA is precluded from continuing these

statutory violations against HOA members and ordered to provide a true estoppel

certificate to the Grahams.

41. The Grahams request and are entitled to the expedited summary

procedure provided by Florida Statutes 51.011 and § 720.30851(5), Fla. Stat.:

11
51.011. Summary procedure.
The procedure in this section applies only to those
actions specified by statute or rule. Rules of procedure
apply to this section except when this section or the statute
or rule prescribing this section provides a different
procedure. If there is a difference between the time period
prescribed in a rule and in this section, this section
governs.
(1) Pleadings. — Plaintiffs initial pleading shall
contain the matters required by the statute or rule
prescribing this section or, if none is so required, shall
state a cause of action. All defenses of law or fact shall be
contained in defendant’s answer which shall be filed
within 5 days after service of process. If the answer
incorporates a counterclaim, plaintiff shall include all
defenses of law or fact in his or her answer to the
counterclaim and shall serve it within 5 days after service
of the counterclaim. No other pleadings are permitted. All
defensive motions, including motions to quash, shall be
heard by the court prior to trial.
(2) Discovery. — Depositions on oral examination
may be taken by any party at any time. Other discovery
and admissions may be had only on order of court setting
the time for compliance. No discovery postpones the time
for trial except for good cause shown or by stipulation of
the parties.
(3) Jury. — Ifa jury trial is authorized by law, any
party may demand it in any pleading or by a separate paper
served not later than 5 days after the action comes to issue.
When a jury is in attendance at the close of pleading or the
time of demand for jury trial, the action may be tried
immediately; otherwise, the court shall order a special
venire to be summoned immediately. If a special venire be
summoned, the party demanding the jury shall deposit
sufficient money with the clerk to pay the jury fees which
shall be taxed as costs if he or she prevails.
(4) New trial. — Motion for new trial shall be filed
and served within 5 days after verdict, if a jury trial was
had, or after entry of judgment, if trial was by the court. A

12
reserved motion for directed verdict shall be renewed
within the period for moving for a new trial.
(5) Appeal. — Notice of appeal shall be filed and
served within 30 days from the rendition of the judgment
appealed from.

WHEREFORE, the Grahams move the Court for expedited trial pursuant to

Section 51.011, and entry of judgment against the HOA holding that the HOA

violated § 720.30851, Fla. Stat. by failing to identify the email address and mailing

address for owners to seek estoppel certificates on the HOA website, by providing a

false estoppel certificate, by including a non-itemized false lump sum attorney fee

claim against the Grahams in the Lot 46 estoppel certificate, misrepresenting that

the Grahams owed uncollectible pre-suit attorneys’ fees, the improper estoppel fee

and transfer fee to the HOA, permanently enjoining the HOA from collecting and

misrepresenting that members owe these amounts in the future, enjoining this same

HOA misconduct in responding to future owner estoppel certificate requests,

ordering the HOA to correct all of the above deficiencies by issuing a corrected

estoppel certificate to the Grahams at no charge that deletes all of the fees set forth

in Exhibit C, declaring the HOA is precluded from claiming pre-suit attorney fees,

estoppel fees, and transfer fees against members because they are not allowed by

contract or statute, awarding the Grahams the money damages alleged herein, plus

prejudgment interest, attorney fees, costs, requiring the HOA to refund the Grahams’

13
their proportionate past and future member dues to the extent the HOA has expended

attorney fees against the Grahams and is obligated to pay the Grahams’ damages

relating to these claims, and such other relief as the Court deems appropriate.

/s/ Keith A. Graham
Keith A. Graham
Florida Bar No. 0705314
Marchena and Graham, P.A.
976 Lake Baldwin Lane, Suite 101
Orlando, Florida 32814
Telephone No.: (407) 658-8566
Facsimile No.: (407) 281-8564
kgraham@megfirm.com
meatalano@megfirm.com
Attorneys for Plaintiffs

14
Deer Island HOA of Killarney
C/O HARA COMMUNITY 1ST ADVISORS 760 FLORIDA CENTRAL PKWY. SUITE 212
LONGWOOD, FL 32750
Phone 407-628-1086

Completion Date : September 22, 2017 Completed by: Lorie Fulkes, LCAM,CMCA

SELLER: Keith & Jolynne Graham
PO BOX 339
Killarney FL 34740

Lot #: 1045 Account
#: 551045 Property Address: 17635 Deer Isle Circle

Is account delinquent: Yes

Is account in collections: No

Parking Space #: N/A

Garage Space #: N/A

Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association
for transfer of the unit: No

Is there a first right of refusal: No

Is th unit a member of any other associations: No

What is the regular periodic assessment against the unit? $600

What is the frequency of the assessment charge: Semi-Annual

The regular periodic assessment.is paid through: 12-31-2017

The next installment of the regular periodic assessment is due: 1-01-2018

What day of the month are regular assessments due? Ist

How many day after the due date is the regular assessment considered delinquent: 30

The penally for delinquent assessments is : Interest 18%APR

Payable to: DEER ISLAND HOA OF KILLARNEY, INC

Maintenance Assessment(s): §, 0

Late penalties/other charges: $ 0

Special Assessment: $ N/A

Attorney Fees 632.50,

TOTAL DUE AT CLOSING _ $632.50 GOOD THROUGH: 10/22/2017

Please send checks(s) for all amounts due at closing as stated above and a copy of the new warranty deed to the association,
C/O Hara Community Ist Advisors 760 Central Florida Pkwy. Suite 212 Longwood, FL 32750. HOA documents should be
provided by seller, otherwise may be purchased from the association for a fee of $25.00.
EXHIBIT A
Page: 1
Deer Island HOA of Killarney
clo Hara Community 1st Advisors
760 Central Florida Pkwy #212
Longwood FL 32750
407-628-1086

Statement of Account - 09/22/17
Re: 17635 Deer Isle Circle
Account# : 551045,
Lot#: 1045
Keith & Jolynne Graham Bill Period:
PO BOX 339 Payment Due: 00/00/00
Killarney FL 34740
Amount Due: 632.50

Date Description Charges Credits Balance
12/31/16 Balance Forward 0.00
01/02/17 ASSESSMENT 600.00 600.00
01/25/17 Payment Rec'd 222 600.00 0.00
06/27/17 Payment Rec'd 278 600.00 600.00CR
07/01/17 ASSESSMENT 600.00 0.00
09/13/17 Atty Collection 632.50 632.50

New Balance - Please Pay This Amount 632.50

Make Checks Payable to: Deer Island HOA of Killarney
October 24, 2018

To: Deer Island Homeowners’ Association of Killarney Inc. (the “Association”)

Via email to: carol@hmi-cla.com

Via U.S. Mail to: Hara Community 1° Advisors

760 Florida Central Pkwy #212

Longwood Fl 32750

Request for Section 720.30851 Fla. Stat. Estoppel Certificate from Keith A. Graham for Lots 45 and 46
Phase |of the Deer Island Subdivision in Orange County, Florida located at 17631 Deer Isle Circle, Winter
Garden Fl.

Pursuant to Section 720.30851, Florida Statutes (2018) owner Keith A. Graham requests that the Deer
Island Homeowners’ Association of Killarney Inc. provide estoppel certificates containing all information
required by Section 720.30851 of the Florida Statutes within 10 days of the date of this request for the
above described Lots 45 and 46 in Phase | of the Deer Island Subdivision, located at 17631 and 17635
Deer Isle Circle, Winter Garden, Florida, also mistakenly referred to as Lots 1045 and 1046 by the
Association, via email to kgraham@mefirm.com. The Association’s violation of Section 720.30851 will
obstruct my effort to sell my Lot 46 and cause damages consisting of my continued ownership expenses
of my home on Lot 46, my lost interest on the sale proceeds, costs, pre-judgment interest, and my
attorney fees incurred to remedy all of the Association’s breaches of Section 720.30851.

The Deer Island Homeowners’ Association of Killarney Inc. is presently violating multiple provisions of
Section 720.30851, Florida Statutes (2018) that became evident in the course of requesting this estoppel
certificate.

First the Association website violates the Section 720.30851 requirement that “Each association shall
designate on its website a person or entity with a street or e-mail address for receipt of a request for
an estoppel certificate issued pursuant to this section.” The Association must correct its website to
designate the street or email address for owners to request Section 720.30851 estoppel certificates
from the Association.
Due to this violation of Section 720.30851, | am sending this request via email and US Mail to the above
email and street address for the Associations’ management company, which is the only email and
street address listed on the Deer Island Homeowners’ Association of Killarney Inc.’s website. | am also
providing courtesy copies of this request to the Associations’ multiple attorneys at the following email
addresses:

Joe Kovacses joe. kovecses@gray-robinson.com;

David Henry DWHenry@MDWCG.com;

Christina Gierke Christina.Gierke@csklegal.com;

Geraldine Pena Geraldine.Pena@csklegal.com.

Because the Association’ Director Minutes reflects that the Association utilizes Homewisedocs.com
website to provide owners’ estoppel certificates, | also sent an email today, requesting a Section
720.30851 estoppel certificate from Homewisedocs.com. The Association’s agent, Homewisedocs.com,
has already refused to provide the requested estoppel certificate, in violation of Section 720.30851.

EXHIBIT B
The Homewisedocs.com website also seeks to charge $275 for providing an estoppel certificate, which
is an additional violation of Section 720.30851 which timits the Association’s estoppel certificate fee to
a maximum of $250.00.
The Associations’ attempted delegation of its obligations to Homewisedocs.com website also violates
additional Section 720. 30851 provisions, because Homewisedocs.com inappropriately requires
mandatory disclosures of information to process an estoppel request that are not required by Fla. Stat.
720.30851, has already refused my estoppel certificate request by claiming that | have to order the
estoppel certificate through an Escrow or Title Company, and has refused to provide all required
Section 720.30851 estoppel certificate information. The Homewisedocs.com website also requires
payment in advance, and states it will provide the estoppel certificate within 10 days of payment
instead of within 10 days following the request. This list of violations is not intended to recite all
violations of Section 720.30851and the Association is solely responsible for correcting all of its Section
720.30851 violations, instead of relying upon the out of state agent Homewisedocs.com, that has
already caused the Association to commit multiple violations of Section 720.30851, with respect to my
requests.

| request that the Association remedy its above statutory violations, confirm that it has refunded all
sums it has allowed Homewisedocs.com to overcharge the Association members for estoppel
certificates in violation of Section 720,30851, and provide me with the required Lot 45 and Lot 46
estoppel certificate Section 720.30851 disclosures within the next ten days.

pak 0A —
ESTOPPEL CERTIFICATE
DEER ISLAND HOMEOWNERS ASSOCIATION OF KILLARNEY, INC.
C/O HARA COMMUNITY 157 ADVISORS
§ 720.30851, Florida Statutes

I, GENERAL INFORMATION:

(a) Date of issuance:

November 1, 2018

(b) Names of the parcel owners as reflected in the books and records of the association:

Keith A. Graham and Jolynn Graham -
~~ ~~ (c) Parceldesignation and-address~ ae aPae wont - en ores pe

Lot 46
17631 Deer Isle Circle
Winter Garden, FL 34757

{d) Parking or garage space number, as reflected in the books and records of the association:

N/A

(e) Attorney's name and contact information if the account is delinquent and has been turned
over to an attorney for collection. No fee may be charged for this information.

Not applicable as the account has not been ouned over to an attorney for collection

( Fee for the preparation and delivery of the estoppel certificate:

$250.00

— <= (g) Name of theTequestor: weet ea ee ee — —--—_-

Keith Graham

I, ASSESSMENT INFORMATION:

1. The regular periodic assessment levied against the parcel is:

$600.00 per six months (payments due on January 1" and July 1* of each year)

2. The regular periodic assessment is paid through:

December 31, 2018

Page 1 of4
Issued: 11.1.2018
EXHIBIT C
ESTOPPEL CERTIFICATE
DEER ISLAND HOMEOWNERS ASSOCIATION OF KILLARNEY, INC.
C/O HARA COMMUNITY 157 ADVISORS
§ 720.30851, Florida Statutes

3. The next installment of the regular periodic assessment is due on:

January 1, 2019 in the amount of $600.00

4. An itemized list of all assessments, special assessments, and other moneys owed on the date
of
issuance to the associationby the parcel owner for a specific parcel is provided as follows:

$250.00 Fee for preparation of Estoppel Certificate

$6,957 50 Attomeys’ fees incurred to date in enforcing restrictive covenant regarding
we eee ees se ee
SSS storage of boat trailers and related litigation
Total: $7,207.50

5. An itemized list of any additional assessments, special assessments, and other moneys that
are
scheduled to become due for each day after the date of issuance for the effective period of
the
estoppel certificate is provided. In calculating the amounts that are scheduled to become due,
the
association may assume that any delinquent amounts will remain delinquent during the
effective
period of the estoppel certificate.

There are no regular or special assessments scheduled to become due within the next 30
days.

Il. OTHER INFORMATION:

6. Is there a capital contribution fee, resale fee, transfer fee, or other fee due? If yes,
specify the
type and amount of the fee.

Yes, there is a transfer fee of $100.00 to be paid to the Association’s managem
ent
—=-: saat compan Hara Communi
y,ty 1* Advisors, at the time ofclosing-of-any -property-sale—- —-——
transaction.

7. Is there any open violation of rule or regulation noticed to the parcel owner in the associati
on
official records?

Yes, there is an open violation for violation of the ‘Assetia tion’s covenants regarding
sidewalk maintenance.

8. Do the rules and regulations of hs association applicable to the parcel require
approval by the
board of directors of the association for the transfer of the parcel? If yes, has the board approved
the transfer of the parcel?

Page 2 of 4
Issued: 11.1.2018
ESTOPPEL CERTIFICATE
DEER ISLAND HOMEOWNERS ASSOCIATION OF KILLARNEY, INC.
C/O HARA COMMUNITY 15° ADVISORS
§ 720.30851, Florida Statutes

9. Is there a right of first refusal provided to the members or the association? If yes, have
the
members or the association exercised that right of first refusal?

10. Provide a list of, and contact information for, all other associations of which
the parcel is a
member.

None
ee a 7 Sen eee
SE EE peat ce ee eens Te ie
11. Provide contact information for all insurance maintained by the association.

Insurance broker’s or agent’s company name: Hillcrest Insurance Agency
Identify the insurance agent’s name: Miranda Hosterman
Jnsurance agent’s phone number: 352-383-8164

12. Provide the signature of an officer or authorized agent of the association.

IV. ADDITIONAL COMMENTS:

Please send payments to the address below witha copy of the grant or warrant
y deed:
ms Hara Community 1°' Advisors Soe ee naomi me eS a
760 Florida Central Pkwy., Suite 200
Longwood, FL 32750
Estoppel Department,
Hara Community 1 Advisors
Email: els; -cla.com
Phone: 407-628-1086

ESTOPPEL COMPLETED ON 11/1/2018 GOOD THROUGH 12/1/2018

WARRANTY DEED MUST BE INCLUDED WITH CLOSING CHECKS SO
THAT THE
ASSOCIATION CAN PROPERLY UPDATE THEIR RECORDS TO REFLECT THE NEW
OWNER.
Page 3 of 4
Issued: 11.1.2018
ESTOPPEL CERTIFICATE
DEER ISLAND HOMEOWNERS ASSOCIATION OF KILLARNEY, INC.
C/O HARA COMMUNITY 157 ADVISORS
§ 720.30851, Florida Statutes

GATE ACCESS-SELLER TO TURN OVER ALL GATE ACCESS REMOTES AND
RECREATION LANYARD WITH KEY TO THE BUYER AT CLOSING.

CHECKS CANNOT BE PROCESSED WITHOUT THE WARRANTY DEED NOR CAN
WARRANTY DEED BE PROCESSED WITHOUT CHECKS INCLUDING TRANSFER FEE.

PLEASE REMIND SELLER TO CANCEL ANY ACH AUTO PAYMENTS OR AUTO BILL
PAYMENTS WITH THEIR BANK.

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Page 4 of4
Issued: 11.1.2018

Case Info

Judge

Kevin B. Weiss Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

November 14, 2018

Case Filing Date

November 14, 2018

County

Parties

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