Preview
Case Number: CACE-19-026613 Division: 25
Filing # 100977699 E-Filed 12/31/2019 01:04:13 PM
IN THE CIRCUIT COURT FOR THE 17™4 JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA,
CIVIL ACTION
HAMPSHIRE HOMES IN MIRAMAR COMMUNITY
ASSOCIATION, INC., a Florida not-for-profit corporation,
Plaintiff,
Case No.
v.
DEXTER MCKENZIE, UNKNOWN SPOUSE OF DEXTER
McKENZIE, UNKNOWN TENANT #1 AND UNKNOWN
TENANT #2,
Defendant(s),
COMPLAINT
Plaintiff, Hampshire Homes in Miramar Community Association, Inc. (“Association”) sues
Dexter McKenzie, Unknown Spouse of Dexter McKenzie, Unknown Tenant #1 and Unknown
Tenant #2 and in support states:
PARTIES
1. Association is a non-profit corporation doing business in Broward County,
Florida, duly organized under Chapter 720, Florida Statutes and governed by the Declaration as
recorded in Official Records Book 13562, Page 922, of the Public Records of Broward County,
Florida, on July 16, 1986 (“Declaration”).
2. Defendant, Dexter McKenzie (“Owner”), is a member of the Association as the
Owner of real property located at 9921 W Heather Lane, Miramar, FL 33025 and legally
described as follows:
Lot 2, Block 83, THE MEADOWS OF MIRAMAR PHASE THREE, according to
the plat thereof, as recorded in Plat Book 126, Page 2, of the Public Records of
Broward County, Florida. (“Property”).
3. Defendant, Unknown Spouse of Dexter McKenzie (“Unknown Spouse”) may
claim an interest in the Property by virtue of marriage to Owner.
4. Defendants, Unknown Tenant #1 and Unknown Tenant #2, (“Unknown
Tenants”) may claim a possessory interest in the Property pursuant to an unrecorded,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2019 01:04:11 PM.****potential lease.
5. This is an attempt to collect a debt. All information obtained shall be used for
that purpose. The notice required by the Fair Debt Collection Practices Act, 15 U.S.C.
Section 1601, and is attached hereto and labeled as Exhibit “A.”
JURISDICTION
6. This is an action for lien foreclosure against real property located in Broward
County, Florida, or, in the alternative, for damages. The amount in controversy is less than
$15,000.00, exclusive of interest, costs and attorneys’ fees; however, as the instant action
involves the right and title to real property, it is within the jurisdiction of this Court.
7. All conditions precedent have been waived, occurred or otherwise satisfied.
COUNT | - FORECLOSURE OF ASSESSMENT LIEN
8. Plaintiff realleges Paragraphs 1 through 7 as if set forth fully herein.
9. This is an action to foreclose a lien for assessments against the Property.
10. The Property is subject to the Declaration and Chapter 720, Florida Statutes.
41. Chapter 720, Florida Statutes provides Association the right to levy and
collect assessments against each unit within Association, securing the payment of the
assessments, together with interest and the costs, including reasonable attorney's fees, of
collecting the assessments.
12. Pursuant to Chapter 720, Florida Statutes and the Declaration, each unit
owner is personally obligated to pay these assessments. The relevant portions of the
Declaration are attached hereto as Composite Exhibit “B.”
13. Association has proportionally levied assessments for common expenses
against Owner's unit as required in the Declaration and By-laws.
14. Owner has failed or refused to pay assessments.
15. Association made demands on Owner for payment of all overdue assessments,
but Owner failed to bring the account current as demanded. Copies of the demand notices are
Page 2attached hereto as Composite Exhibit “C.”
16. On August 26, 2019, Plaintiff recorded a Claim of Lien at Instrument No.
116014077, of the Public Records of Broward County, Florida (“Claim of Lien”). A copy of the
Claim of Lien is attached hereto as Exhibit “D.”
17. Owner has failed to pay the outstanding balance due.
18. Owner has failed to make the following payments as of the date of the instant
complaint:
Balance of Assessments after payments - $32.38
10/01/2017
Assessments - 10/01/2017 through 12/01/2017 $210.00
@ $105.00 per month
Assessments - 01/01/2018 through 12/01/2019 $2,400.00
@ $100.00 per month
Collect Costs $295.00
Interest $448.37
Costs $250.00
Attorney Fees $1,801.00
Total Due: $5,436.75
19. The claims, lien, rights, title, and interests of Owner, Unknown Spouse, Unknown
Tenants, and all others herein named or hereafter made party to this action or subject, are
subordinate and interior to Association's Claim of Lien.
20. Association has retained the undersigned firm to represent it in this action and is
obligated to pay a reasonable fee for legal services.
WHEREFORE, Association respectfully requests the following from this Court:
a. That there be an accounting of the amount due to Association, including interest,
expenses, costs, reasonable attorney's fees, and expenses in connection with this
foreclosure action;
b. That there be a judgment entered that Association has a lien on the real estate of
Owner, as described herein, for the sum of money found to be due, and that this lien
is superior to the rights, title, and interests of all of the Defendants and Unknown
Page 3Tenants in possession;
c. That there be an order entered that the lien be foreclosed in accordance with
Chapter 720, Florida Statutes and the established rules and practices of the Court;
d. That the claims, lien, rights, title, and interests of Defendants and any other
Defendants named herein or hereafter made a party to this action, and all persons
claiming by and through, under, or against the same whose interests have arisen
since the filing of the Notice of Lis Pendens herein, be foreclosed;
e. That, if that amount is not paid within a short time set forth by the Court, the subject
teal property described above be sold by the Clerk of Court to satisfy the
Association's Claim of Lien in accordance with the provisions of Chapter 720, Florida
Statutes;
f. That this Court retain jurisdiction to enter further orders, including, but not limited to
deficiency judgments and writs of possession, after proper hearing; and
g. Award such other relief as this Court may deem just and proper.
COUNT I! - DAMAGES
21. This is action, in the alternative, for damages against Owner, as the owner of
the Property, for unpaid assessments, interest, late fees, costs, and attorney's fees.
22. Association realleges Paragraphs 1 through 7 as if set forth fully herein.
23. Pursuant to Chapter 720, Florida Statutes and the Declaration, Owner
personally obligated to pay these assessments. See Composite Exhibit “C.”
24. Owner has failed and refused to pay Association’s assessments for the Property.
25. Owner owes delinquent assessments in the amount of $5,436.75, plus interest,
late fees, costs, attorney's fees and additional assessments that continue to accrue.
WHEREFORE, Association respectfully requests that this Court enter a judgment in its
favor against Defendants, in the amount of $5,436.75, plus additional assessments, interest,
late fees, costs and attorney's fees that have accrued, and award such other and further relief
Page 4as the Court may deem just and proper.
DATED this 31st day of December 2019.
GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC
By:/s/ Alexis Hernandez
Alexis Hernandez
Florida Bar No. 113566
Attorney for Association
2600 S Douglas Road, Suite 717
Coral Gables, FL 33134
Telephone (786) 294-6002
Fax No. (305) 370-6622
ahernandez@gadclaw.com
mpoza@gadclaw.com
Page 5NOTICE TO ALL DEBTORS
We Are Professional Debt Collectors: Since a substantial portion of our firm’s practice involves debt
collection, we are considered debt collectors. Any information that we obtain in the course of
communications with you will be used for that purpose.
Identification of the Creditor: The original creditor to which the debt is owed is the Association
identified as our client.
Your Right to Dispute the Debt: It will be assumed that the debt is valid unless you dispute the validity
of the debt within thirty (30) days from the date you receive this letter. If you notify us that you are
disputing the debt, we will suspend collection until written verification is provided to you.
How to Dispute the Debt: You must dispute this debt in writing. IF you contend that we have failed to
give you credit for a payment that you may have made, please provide a copy of your canceled check or
other proof of payment. Otherwise, please explain, in detail, why you dispute the debt.
Bankruptcy: If you have been discharged in Bankruptcy, then you are not personally liable for any
portion of the debt that arose prior to the date that you filed for Bankruptcy, but the Association’s lien
against the property is not affected and we may still proceed in rem to collect the full amount. If you have
a Bankruptcy case that is still open and you contend that we are violating any stay that is in effect because
of that, then please notify us of the case number, in writing, and we will immediately cease collection
efforts until the stay is no longer in effect as it pertains to this property.
Payments: Payments made by check are not considered received until the check clears and the credit to
our Trust Account cannot be revoked. This will take fifteen (15) days for a personal check. We can only
give your account immediate credit for payment in cash or when we receive a wire transfer. You will be
responsible for the payment of any and all fees incurred as a result of a check being returned for
insufficient funds. Post-dated checks cannot be accepted and will be returned to you, and you will be
charged a service fee.
Partial Payments: Pursuant to Section 718.116, Florida Statutes, payments must first be applied to
interest, then to late fees, then to attomey fees, then to costs, and then to the outstanding assessments in
the order they became due. If you make less than full payment, you will be charged additional fees for
restating the account and notifying you of the new balance due.
Additional Charges: If timely payment is not made in full in response to this letter, there will be
additional fees and costs charged to your account as further time is spent in the collection process. We
charge the account for preparing and monitoring payment plans, issuing estoppel letters, and similar
services,
Do Not Make Direct Payments to the Association: Making payments directly to the Association will
only delay our ability to give you prompt credit for the payment. You will be responsible for any fees
incurred prior to the time we receive notice from the Association that your payment has cleared the
Association’s account.
THIS 1S NOT AN ESTOPPEL CERTIFICATE __
EXHIBIT
j Al ;ping, <——
Ih call
Lennot Homes
‘
( ov
DECLARATION
86258218
‘THIS DECLARATION, made on the date hereinafter set forth by Lennar
Homes, Inc. hereinafter referred to as “Developer".
WITNESSETH
WHEREAS, Developer is the owner of certain property more particularly
described in Exhibit "A" attached hereto and by this reference made a part
hereof, (hereinafter referred to as “the Property"): and
WHEREAS, Developer has established a land use plan for the Property and
desires to provide for the preservation of the values and amenities hereby
established and as may be established for the Property and any additional
lands hereafter committed to the land use plan and subjected to this Declara~
tion by annexation, and to this end does hereby subject the Property to use
covenants, restrictions, easements, reservations, regulations, burdens and
liens hereinafter set forth; and
NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, Developer hereby declares that the Property shall be owned,
held, used, transferred, sold, conveyed, demised and occupied subject to the
covenants, restrictions, easements, reservations, regulations, burdens and
liens hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1, "Association" shall mean and refer to the Hampshire Homes in
Miramar Community Association, Inc., a Florida corporation not-for-profit,
ite successors and assigns.
Section 2, “Articles” shall mean and refer to the Articles of Incorpo-
sors and assigns, a true copy of which
ration of the Association, its succ
is attached hereto as Exhibit "D" and by this reference made a part hereof.
Section 3. “By-Laws" shall mean and refer to the By-Laws which have
been or shall be adopted by the Association, a copy of which is attached
hereto as Exhibit "Ee" and by this reference made a part hereof.
Bection 4, “Board” shall mean the Board of Directors of the Associa-
tion, elected in accordance with the By-Laws of the Association.
Section $. “Owner® shall mean and refer to the record owner, whether
one or more persons or entities, of a fee simple title to any Lot including
met EXHIBIT 193.°°
ar ge
Ow
Se
726 H4Z9GEL 233
.
or{a) when the total votes outstanding in the Class "A" member-
ship equals the total votes outstanding in Class “Cc”
membership; or
(>) on January 1, 1992,
ARTICLE IV
COVENANT FOR MAINTENANCE
Section 1, The Association shall at all times maintain the Common Open
ch Lot and the Limited Common Open Space appur-
Space, the grassed area of
tenant thereto, if any, as long as said grassed areas are not fenced/walled
in nor improved by the planting of shrubbery or ground cover. Maintenance of
a Lot and the Limited Common Open Space, if any, only includes mowing and
trimming, it does not include irrigation or fertilization.
Section 2. In the event an Omner of any Lot shall fail to maintain the
Lot, the Limited Common Open Space appurtenant thereto, if any which is not
fenced or walled in, and the improvements situated thereon in a manner satis-
factory to the Board of Directors, the Association, after approval of two-
thirds (2/3) vote of the Board of Directors, shall have the right, through
its agents and employees, to enter upon said Lot and to repair, maintain and
restore the Lot and the exterior of the buildings and any other improvements
erected thereon. The cost of such maintenance shall be added to and become
part of the assessment to which such Lot is subject.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
‘The Developer, for each Lot within the Property, hereby covenants, and each
Builder and Owner of any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in such deed, is deemed to covenant and agrees to
pay to the Association (4) annual assessments or charges, and (ii) special
assessuents for capital improvenents, such assessments to be established and
collected as hereinafter provided. he annual and epecial assessrents,
together with interest, costs and reasonable attorneys fees, shall be &
charge on the land and shall be a continuing lien upon the property against
which jeiich such assessment is wade, Each such assessment, together with
interest, costs and reasonable attorneys fees, shall also be the personal
obligation of the person who was the Owmer of such property at the tine the
826 4Z9GE1 338assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successors in title unless expressly assumed by then,
Section 2. PURPOSE OF ASSESSHENTS, The assessnents levied by the
Association shall be used exclusively to promote the recreation, health,
ty and welfare of the residents in the Property, for the improvement and
maintenance of the Common Open Space and the grassed area within each tot,
which is not fenced/walled in or improved by the planting of shrubbery or
ground cover. Maintenance of a Lot and the Limited Common Open Space, if
any, includes only the mowing and edging of the grassed area; it does not
Anclude irrigation or fertilization.
Section 3. DEVELOPER'S ASSESSMENT GUARANTY. The Developer guarantees
to initial purchasers of Units in the Project from the Developer or Builders
ements due from such purchasers as Owners for itens of
that the monthly
common expense of the Association will not exceed the amount therefor reflec-
ted in the initial budget for the Association which is provided to such
purchasers’ by the Developer or Builder during the calendar year in which a
Builder conveys the first Unit in the Property, and thereafter will not
exceed 115% of the amount assessed such purchasers during the prior year,
each year thereafter. The guaranty shall be in force only until the earlier
of (4) the date upon which a majority of the Board of Directors of the
Association are elected by the Class “A” and Class “B" members, or (11) such
earlier date as Developer elects to terminate this guaranty and pay its
of the Association
Proportional share of the assessments for coumon expen:
Dased upon the number of Lots owned by the Developer. During the period of
time this guaranty is in force and effect the Developer, as owner of such
Lots as are owned by it, shall be relieved from the obligation of paying its
total pro rata share of assessuents for coomon expenses of the Association,
but instead shall pay 25% of its pro rata share of assessnents for each Lot
owned by Developer and shall additionally be obligated to pay to the Asso-
ciation all sums in excess of sums due from all Owners which are necessary to
ay the actual expenses of the Association. After the Developer's guaranty
has terminated the maximum annual assessment may be increased each year not
wore than 158 above the maximum assessnent fos the-previnus year except that
the maximum annual assesment may be increased above 158 by a vote of tvo-
thirds (2/3) of each class of Members who are voting in person or by proxy at
a mecting Guly called for this purpose. The Board of Directors my fix the
annual assessment at an amount not in excess of the maximum.
626 %47Z9S€ 1 333Section 4. BUILDERS ASSESSMENTS. Each Builder as a Class "Bp" member,
for each Lot owned by such Builder, shall pay twenty-five (25%) percent of
the annual assessment fixed for Class "A" membership. In the event Developer
actually owes deficits as required by Article V, Section 3, Builder shall, in
addition to paying 25% of the annual assessment, reimburse Developer for a
pro rata share of said funded deficits based on the percentage of Lots then
owned by Builder in the Property at the time the deficits are paid by
Developer.
Bection S$. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to
the annual assessment authorized above, the Association, through ite Board of
Directors, may levy in any assessment year, & special assessment applicable
to that year only for the purpose of Gefraying, in whole or in part, the cost
of any construction, reconstruction, xepaving, repair or replacenent ofa
capital improvement upon the Coumon Open Space, including fixtures and
personal property related thereto, if any, provided that any such assessment
shail have the assent of two-thirds (2/3) of the votes of each class of
members who are voting in person or by proxy at a meeting duly called for
this purpose.
Section 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 3
AND 4. Written notice any meeting called for the purpose of taking any
action authorized under Section 3, Section 4 and Section 5 shall be sent to
all members not 1 than thirty (30) days, nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of
menbers or proxies entitled to cast sixty percent (60%) of all the votes of
each class of membership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the votes of each class of membership. No such subsequent
pecting shall be held more than sixty (60) days following the preceding
meeting.
Section 7. RATE OF ASSESSMENT. Both annual and special assessments
set forth in Sections
wust be fixed at a uniform rate for all Lots, except
3 and 4 of this Article V.
Section 8. DATE OF COMMENCEMENT OF ANHUAL ASSESSMENTS: DUE DATES. The
annual assessnents provided for herein shall commence as to all Lots initial-
ly subjected to this Declaration, on the first day of the month following
conveyance of the Common Open Space. The annual assessments provided for
cB Z9SEL 338herein on each Stage of the Undeveloped Property annexed hereto, shall
commence on the first day of the month following annexation of that parti-
cular stage. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors
shall £1x the amounts of the annual assessment against each Lot at least
thirty (30) days in advance of each annual assessment period. Written notice
of the annual assessment shall be sent to every Owner subject thereto. The
dus dates shall be established by the Board of Directors. The assessments, at
the election of the Association, may be collected on # monthly basis. ‘The
Association shall, upon demand, and for a reasonable charge, furnieh a
certificate signed by an officer of the Association setting forth whether the
assessments on © specified Lot have been paid. A properly executed certifi-
jsments on a Lot is binding
cate of the Association as to the status of
upon the Association as of the date of its issuance. The Association may
Selegate to a mortgage company or financial institution responsibility for
ements.
collection of al
Section 9. EFFECT OF NON-PAYMENT OF ASSESSMENT; REMEDIES OF THE ASSO-
sament not paid within thirty (30) days of the due date
CIATION. Any a
shall bear interest from the due date at the rate of fifteen (158) percent
per annum, but in no event more than the maximum amount allowed by law. The
Association may, at its election, bring an action at law against the Owner
Personally obligated to pay the same and/or foreclose the lien against the
Property.
Section 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of
the assessments provided for herein shall be a lien superior to all other
liens save and except tax liens and mortgage liens, provided said mortgage
liens are first liens against the property encumbered thereby, subject only
to tax liens. The sale or transfer of any Lot pursuant to the foreclosure or
any proceedings in lieu thereof of a firet mortgage meeting the above quali-
fications, shall extinguish the lien of such assessments as to payments which
decams due prior to such sale or transfer. Mo sale or transfer shall relieve |
such Lot from liability for any assessments thereafter becoming due or from
1€6 S4Z9G¢| 338
‘the lien thereof.
Section 11. DAMAGE TO COMMON OPEN SPACE BY ONNERS. The foregoing
maintenance, repairs or replacements within the Property arising out of or
caused by the willful ox negligent act of the Owner, his family, guests or
10[C.A.A. Group]
Community Association
Advocacy Group, LLC
February 18, 2019
Certified Mail - 0000-0000-0000-0000-0000
SENT VIA CERTIFIED MAIL & FIRST CLASS MAIL
Dexter McKenzie
9921 W Heather Lane
Miramar, FL 33025
DEMAND LETTER PURSUANT TO FLA. STAT. 720.3085
IN COMPLIANCE FAIR DEBT COLLECTION PRACTICES ACT:
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Re: Our Client/Creditor: Hampshire Homes Miramar Homeowners Association, Inc.
Property: 9921 W Heather Lane
Miramar, FL 33025
Total Amount Claimed: $ 1,264.50
Please be advised that this firm represents Hampshire Homes Miramar Homeowners Association, Inc. (“The
Association”). To date, you owe the Association the total referenced above represented by the following:
Unpaid monthly assessments $ 900.00
(Through February 2019)
Special Assessment $ 0.00
Interest $ 94.50
Collection Fees $ 250.00
Costs $ 20.00
Total Amount Claimed: $ 1,264.50
305-400-8048
EXHIBIT
X
info@collectingflorida.com W&
tp://www.collectingflorida.com/ @
aA
Box 4903 Miami Lakes, FL33014[C.A.A. Group]
Community Association
Advocacy Group, LLC
In order to avoid future late charges, interest costs and collection fees, it is imperative that you pay the assessment
now. Florida Statutes 720 recognizes the necessity of having all Home owners Associations unit owners promptly pay
their share of the assessments and provides the Association with the right to foreclose a lien for unpaid assessments,
interest, costs, and collection’s fees. Please be advised that you have forty-five (45) days to pay the association the
above mentioned amount or the association will file a lien on the above mentioned address.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT
Unless you dispute this debt, or any portion of it, within thirty (45) days after receiving this notice, the debt will be
assumed to be valid by this law firm.
If you notify the undersigned collection, in writing, within the said thirty (45) day period, that this debt or any
portion of it thereof, is disputed, the undersigned collection will obtain verification of the debt or copy of a judgment
will be mailed to you.
«Upon your written request within the said thirty (45) day period, the undersigned collection will provide you with the
name and address of the original creditor, if different from the current creditor.
elf you do dispute this debt in writing within the thirty (45) day period, we will suspend collection until we send you
the verification,
Please make your check payable to Community Association Advocacy Group, LLC, in the amount referenced
above, and mail it to my attention. Furthermore, any check mailed directly to the Association will be returned and
extra collection’s fees may be charged.
If you do not send a check in the stated amount or dispute the debt within forty five (45) days, the Association
will proceed with legal action (including filing a lien) against you to collect this amount, plus additional interest, costs
and collection fees.
This office is attempting to collect a debt and any and all information obtained will be used for that purpose
Thank you for your immediate attention to this matter.
Please feel free to contact our office Monday through Friday between the hours of 9:00 am and 4:00 pm
should you have questions concerning the foregoing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Very truly yours,
Community Association Advocacy Group, LLC
305-400-8048
http://www.collectingflorida.com/
\
info@collectingflorida.com BI
®
PO Box 4903 Miami Lakes, FL 33014. @6609 Willow Park Drive, Second Floor 2030 McGregor Boulevard 2600 Douglas Road, Ste. 717 4800 N. Federal Highway, Ste. #0307
GORDE § ADAMCZYK / DEBOEST § CROSS
CUNY CO.
iM
August 23, 2019
VIA: Certified Mail and Re; Mail
Dexter McKenzie
9921 W. Heather Lane
Miramar, Florida 33025
Re: Hampshire Homes in Miramar Community Association, Inc.
9921 W. Heather Lane, Miramar, FL 33025
Dear Mr. McKenzie:
This law firm represents Hampshire Homes in Miramar Community Association, Inc.,
(hereinafter “Association”). We have been engaged to collect a debt. Any information obtained will be
used for that purpose. The Association is the original party to whom the debt is owed.
Your failure to pay the amounts stated in our February 18, 2019 letter has caused the Association
to record a claim of lien against the above-referenced property titled to Dexter McKenzie, to secure
payment of the delinquent charges against the above-referenced property. A copy of the executed Claim
of Lien is enclosed with this letter.
A foreclosure action will be commenced unless the total amount shown below is paid in full
within forty-five (45) days from the date of this letter. Please be further advised that until your account is
brought current payment must be made through this office. Pursuant to Florida law, partial payments
made will be applied by law first to interest, late fees, attorney’s fees and costs and then to the
outstanding assessments in the order they came due. Thereafter, a letter for the remaining balance will be
forwarded to you, at which time additional attorney's fees and costs will be incurred.
The amount that is required to sufficiently pay all sums due under the Claim of Lien so far is as
follows:
Balance of Assessments after payments - 10/01/2017 $32.38
Assessments - 1101/2017 through 12/01/2017 @ $105.00 per $210.00
month
Assessments - 01/01/2018 through 08/01/2019 @ $100.00 per $2,000.00
month
Collect Costs $295.00
Interest $316.16
Costs $100.00
Attorney Fees $695.00
16222-Notice of Intent to Foreclose Hampshire Homes: |2252.002 - 122$2.002
Naples, Florida 34109 Fort Myers, Florida 33901 Coral Gables, Florida 33134 Boca Raton, Florida 33431
P: 239.331.5100 > 239.333 2992 : 786.294 6002 P 561.368.9200
F: 239.260.7677 F 239 333.2999 F 305 503.9551 F S61 395.7050Total Due: $3,648.54
If the above amount, plus unpaid amounts coming due after the charges listed above, is received
within the specified time, a satisfaction of Claim of Lien will be recorded and forwarded to you.
Please make payment in the amount of $3,648.54 plus interest at the rate of $0.92 per day after
August 23, 2019 until the full payment is received, payable to Goede, Adamczyk, DeBoest & Cross
PLLC Trust Account and mail it to 6609 Willow Park Drive, Suite 201, Naples, Florida 34109 to the
attention of the undersigned. If payment is received after September 1, 2019, the monthly assessment of
$100.00 should be included with your payment. Any payments received by the Association or property
management will be forwarded to our office and applied pursuant to Florida Statute until your account is
current through our office. Please do not attempt to submit payment to either entity. Any restrictive
endorsements will be disregarded. Please allow personal check payments at least fifteen (15) business
days to clear, at which time your payment will be considered received.
Pursuant to Florida law, an owner whose account is over 90 days past due will have their use of
the common amenities suspended for themselves, their families as well as their tenants, guests and
invitees. If you fail to pay and force the Association to foreclose on its lien, your privileges will be
suspended and will be reinstated once payment is received for the full balance due on your account.
Please note that we may only discuss this matter with the person(s) named above. If you wish for
us to discuss this matter with a third party, we will require written authorization from the person(s) named
above.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Very truly yours,
Goede, Adamezyk, DeBoest & Cross, PLLC
Qdoan Dyerwnaday
Alexis Hernandez Esq.
For the Firm
ARH’'MCP
EnclosureNOTICE TO ALL DEBTORS
We Are Professional Debt Collectors: Since a substantial portion of our firm’s practice involves debt
collection, we are considered debt collectors. Any information that we obtain in the course of
communications with you will be used for that purpose.
Identification of the Creditor: The original creditor to which the debt is owed is the Association
identified as our client.
Your Right to Dispute the Debt: It will be assumed that the debt is valid unless you dispute the validity
of the debt within thirty (30) days from the date you receive this letter. If you notify us that you are
disputing the debt, we will suspend collection until written verification is provided to you.
How to Dispute the Debt: You must dispute this debt in writing. If you contend that we have failed to
give you credit for a payment that you may have made, please provide a copy of your canceled check or
other proof of payment. Otherwise, please explain, in detail, why you dispute the debt.
Bankruptcy: If you have been discharged in Bankruptcy, then you are not personally liable for any
Portion of the debt that arose prior to the date that you filed for Bankruptcy, but the Association’s lien
against the property is not affected and we may still proceed in rem to collect the full amount. If you have
a Bankruptcy case that is still open and you contend that we are violating any stay that is in effect because
of that, then please notify us of the case number, in writing, and we will immediately cease collection
efforts until the stay is no longer in effect as it pertains to this property.
Payments: Payments made by check are not considered received until the check clears and the credit to
our Trust Account cannot be revoked. This will take fifteen (15) days for a personal check. We can only
give your account immediate credit for payment in cash or when we receive a wire transfer. You will be
responsible for the payment of any and all fees incurred as a result of a check being returned for
insufficient funds. Post-dated checks cannot be accepted and will be returned to you, and you will be
charged a service fee.
Partial Payments: Pursuant to Section 718.116, Florida Statutes, payments must first be applied to
interest, then to late fees, then to attorney fees, then to costs, and then to the outstanding assessments in
the order they became due. If you make less than full payment, you will be charged additional fees for
restating the account and notifying you of the new balance due.
Additional Charges: If timely payment is not made in full in response to this letter, there will be
additional fees and costs charged to your account as further time is spent in the collection process. We
charge the account for preparing and monitoring payment plans, issuing estoppel letters, and similar
services,
Do Not Make Direct Payments to the Association: Making payments directly to the Association will
only delay our ability to give you prompt credit for the payment. You will be responsible for any fees
incurred prior to the time we receive notice from the Association that your payment has cleared the
Association's account.
THIS IS NOT AN ESTOPPEL CERTIFICATEThis instrument was prepared by
After Recording Return to:
Axis Hernandez, Esq.
Goede, Adamozyk, DeBoest & Cross, PLLC.
2600 Douglas Road, Suite 717
Coral Gables, FL 33134
Ph: (786) 294-6002
CLAIM OF LIEN FOR UNPAID ASSESSMENTS
KNOW ALL MEN BY THESE PRESENTS, THAT: HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION,
INC., a Florida not for profit organization, with a mailing address of clo FPMGroup, 6625 Miami Lakes Drive East, Suite 338,
Miami Lakes, Florida 33914, through its undersigned Attorneys/Agent, Goede, Adamczyk, DeBoest & Cross, PLLC, claims this
4ien for unpaid assessments and interest on those assessments, together with attorneys’ fees incurred by the lienor incident to
the collection of the assessments and enforcement of this lien, pursuant to Chapter 720, Florida Statutes, against the following
described real property in Broward County, Florida:
Lot 2, Block 83, of Meadows of Miramar Phase Three, according to the Plat thereof, as recorded in Plat Book
126, at Page 2, of the Public Records of Broward County, Florida
The names of the record owner(s) of the above described property, against whose interest this lien is claimed is or are
Dexter McKenzie, a single man
Balance of Assessments after payments - 10/01/2017 $32.38
Assessments - 11/01/2017 through 12/01/2017 @ $105.00 $210.00
per month
Assessments - 01/01/2018 through 08/01/2019 @ $100.00 $2.000.00
per month
Total Due: $2,242.38
This Claim of Lien is to secure the payment of assessments against the owner(s) by the undersigned Association, plus interest at
the rate of 15% per annum from the due dates, together with all unpaid assessments, interest, costs, and attorney's fees which
have come due and which may accrue subsequent to the recording of the C aim of Lien and prior entry of a final judgment of
forec-osure.
The undersigned, as Attorney‘Agent of Hampshire Homes in M ramar Community Association, Inc., and on behalf of all
owners of the Association, c aims a fien on the real properly described above until the sums named above shall have been paid
{o the Association.
Dated tna ®@ay of 2. ged’ 2019.
Q
HAMPSHIRE HOMES IN MIRAMAR COMMUNITY
ASSOCIATION, INC.
Sia Remeved f
lexis Hernandez, Esq. ro
Its: Attorney’Agent
16222-Claim of Lien: Hampshire Homes 12252 002 - 12252.002STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing nstrument was acknowledged before me this 23rd day of August 2019, by Alexis Hernandez, Esq., as
Attorney/Agent of Hampshire Homes in Miramar Community Associalion, Inc. the corporation described in the foregoing
instrument and who is personally known to me and acknowiedged executing the same under authority vested in him by said
corporation and the seal affixed thereto is the sea’ of said corporation 4
My Commission Expires:
MARIA CRISTINA POZA
Notary Public -State of Frorida
Commissions 609675?
My Comm. Expires Apr 19, 2021
onded though Haional Mota Ain
16222-Claim of Lien:Hampshire Homes 12252 002 - 12252 002Instr# 116014077 , Page 1 of 2, Recorded 08/26/2019 at 09:22 AM
Broward County Commission
This instrument was prepared by
Alter Recording Return to:
Alexis Hernandez, Esq.
Goede, Adamezyk, DeBoest & Cross, PLLC
2600 Douglas Road, Suite 717
Coral Gables, FL 33134
Ph: (786) 204-6002
CLAIM OF LIEN FOR UNPAID ASSESSMENTS,
KNOW ALL MEN BY THESE PRESENTS, THAT: HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION,
INC., a Florida nol for profit organization, with a mailing address of clo FPMGroup, 6625 Miami Lakes Drive East, Suite 338,
Miami Lakes, Florida 33014, through its undersigned Attorneys/Agent, Goede, Adamczyk, DeSoest & Cross, PLLC, claims this
lien for unpaid assessments and interest on those assessments, together with attorneys’ fees incurred by tha lienor incident to
the collection of the assessments and enforcement of this lien, pursuant to Chapter 720, Florida Statutes, against the following
described real property in Broward County, Florida:
Lot 2, Block 83, of Meadows of Miramar Phase Three, according to the Plat thereof, as recorded in Plat Book
126, at Page 2, of the Public Records of Broward County, Florida
The names of the record owner(s) of the above described property, against whose interest this lien is claimed is or are
Dexter McKenzia, a single man
Balance of Assessments after payments - 10/01/2017 $32.38
Assessments - 11/01/2017 through 12/01/2017 @ $105.00 $210.00
per month
Assessments - 01/01/2018 through 08/01/2019 @ $100.00 $2,000.00
per month
Total Due: $2,242.38
This Claim of Lien is to secure the payment of assessments against the owner(s) by the undersigned Association, plus interest at
the rate of 15% per annum from the due dates, together with all unpaid assessments, interest, costs, and attomey’s fees which
have come due and which may accrue subsequent to the recording of the Claim of Lien and prior entry of a final judgment of
foreclosure.
The undersigned, as Attorney/Agent of Hampshire Homes in Miramar Community Association, Inc., and on behalf of ali
owners of the Association, claims a lien on the real property described above until the sums named above shall have been paid
to the Association.
Dated vis? %ay otf ga 2019,
7
HAMPSHIRE HOMES IN MIRAMAR COMMUNITY
ASSOCIATION, INC.
Sean 3
mandez, Esq.
ie Attomey/Agent
EXHIBIT
16222-Claim of Lien: Hampshire Homes/12252.002 - 12252.002 i d )Instr# 116014077 , Page 2 of 2, End of Document
STATE OF FLORIOA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 23rd day of August! 2019, by Alexis Hernandez, Esq., as
Attorney/Agent of Hampshire Homes in Miramar Community Association, Inc. the corporation described in the foregoing
instrument and who is personally known to me and acknowledged executing the same under authority vested in him by said
corporation and the seal affixed thereto is the seal of said corporat.on.
My Commission Expires;
MARIA CRISTINA POZA
Notary Public ~ State of Florida
Commission § GG09625?
‘My Comm. Erptes Apr 19,2021
Bonde ough Raona Nota As
16222-Claim of Lien: Hampshire Homes: 2252.002 - 12252.002
Preview
Case Number: CACE-19-026613 Division: 25 Filing # 100977699 E-Filed 12/31/2019 01:04:13 PM IN THE CIRCUIT COURT FOR THE 17™4 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA, CIVIL ACTION HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Plaintiff, Case No. v. DEXTER MCKENZIE, UNKNOWN SPOUSE OF DEXTER McKENZIE, UNKNOWN TENANT #1 AND UNKNOWN TENANT #2, Defendant(s), COMPLAINT Plaintiff, Hampshire Homes in Miramar Community Association, Inc. (“Association”) sues Dexter McKenzie, Unknown Spouse of Dexter McKenzie, Unknown Tenant #1 and Unknown Tenant #2 and in support states: PARTIES 1. Association is a non-profit corporation doing business in Broward County, Florida, duly organized under Chapter 720, Florida Statutes and governed by the Declaration as recorded in Official Records Book 13562, Page 922, of the Public Records of Broward County, Florida, on July 16, 1986 (“Declaration”). 2. Defendant, Dexter McKenzie (“Owner”), is a member of the Association as the Owner of real property located at 9921 W Heather Lane, Miramar, FL 33025 and legally described as follows: Lot 2, Block 83, THE MEADOWS OF MIRAMAR PHASE THREE, according to the plat thereof, as recorded in Plat Book 126, Page 2, of the Public Records of Broward County, Florida. (“Property”). 3. Defendant, Unknown Spouse of Dexter McKenzie (“Unknown Spouse”) may claim an interest in the Property by virtue of marriage to Owner. 4. Defendants, Unknown Tenant #1 and Unknown Tenant #2, (“Unknown Tenants”) may claim a possessory interest in the Property pursuant to an unrecorded, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2019 01:04:11 PM.****potential lease. 5. This is an attempt to collect a debt. All information obtained shall be used for that purpose. The notice required by the Fair Debt Collection Practices Act, 15 U.S.C. Section 1601, and is attached hereto and labeled as Exhibit “A.” JURISDICTION 6. This is an action for lien foreclosure against real property located in Broward County, Florida, or, in the alternative, for damages. The amount in controversy is less than $15,000.00, exclusive of interest, costs and attorneys’ fees; however, as the instant action involves the right and title to real property, it is within the jurisdiction of this Court. 7. All conditions precedent have been waived, occurred or otherwise satisfied. COUNT | - FORECLOSURE OF ASSESSMENT LIEN 8. Plaintiff realleges Paragraphs 1 through 7 as if set forth fully herein. 9. This is an action to foreclose a lien for assessments against the Property. 10. The Property is subject to the Declaration and Chapter 720, Florida Statutes. 41. Chapter 720, Florida Statutes provides Association the right to levy and collect assessments against each unit within Association, securing the payment of the assessments, together with interest and the costs, including reasonable attorney's fees, of collecting the assessments. 12. Pursuant to Chapter 720, Florida Statutes and the Declaration, each unit owner is personally obligated to pay these assessments. The relevant portions of the Declaration are attached hereto as Composite Exhibit “B.” 13. Association has proportionally levied assessments for common expenses against Owner's unit as required in the Declaration and By-laws. 14. Owner has failed or refused to pay assessments. 15. Association made demands on Owner for payment of all overdue assessments, but Owner failed to bring the account current as demanded. Copies of the demand notices are Page 2attached hereto as Composite Exhibit “C.” 16. On August 26, 2019, Plaintiff recorded a Claim of Lien at Instrument No. 116014077, of the Public Records of Broward County, Florida (“Claim of Lien”). A copy of the Claim of Lien is attached hereto as Exhibit “D.” 17. Owner has failed to pay the outstanding balance due. 18. Owner has failed to make the following payments as of the date of the instant complaint: Balance of Assessments after payments - $32.38 10/01/2017 Assessments - 10/01/2017 through 12/01/2017 $210.00 @ $105.00 per month Assessments - 01/01/2018 through 12/01/2019 $2,400.00 @ $100.00 per month Collect Costs $295.00 Interest $448.37 Costs $250.00 Attorney Fees $1,801.00 Total Due: $5,436.75 19. The claims, lien, rights, title, and interests of Owner, Unknown Spouse, Unknown Tenants, and all others herein named or hereafter made party to this action or subject, are subordinate and interior to Association's Claim of Lien. 20. Association has retained the undersigned firm to represent it in this action and is obligated to pay a reasonable fee for legal services. WHEREFORE, Association respectfully requests the following from this Court: a. That there be an accounting of the amount due to Association, including interest, expenses, costs, reasonable attorney's fees, and expenses in connection with this foreclosure action; b. That there be a judgment entered that Association has a lien on the real estate of Owner, as described herein, for the sum of money found to be due, and that this lien is superior to the rights, title, and interests of all of the Defendants and Unknown Page 3Tenants in possession; c. That there be an order entered that the lien be foreclosed in accordance with Chapter 720, Florida Statutes and the established rules and practices of the Court; d. That the claims, lien, rights, title, and interests of Defendants and any other Defendants named herein or hereafter made a party to this action, and all persons claiming by and through, under, or against the same whose interests have arisen since the filing of the Notice of Lis Pendens herein, be foreclosed; e. That, if that amount is not paid within a short time set forth by the Court, the subject teal property described above be sold by the Clerk of Court to satisfy the Association's Claim of Lien in accordance with the provisions of Chapter 720, Florida Statutes; f. That this Court retain jurisdiction to enter further orders, including, but not limited to deficiency judgments and writs of possession, after proper hearing; and g. Award such other relief as this Court may deem just and proper. COUNT I! - DAMAGES 21. This is action, in the alternative, for damages against Owner, as the owner of the Property, for unpaid assessments, interest, late fees, costs, and attorney's fees. 22. Association realleges Paragraphs 1 through 7 as if set forth fully herein. 23. Pursuant to Chapter 720, Florida Statutes and the Declaration, Owner personally obligated to pay these assessments. See Composite Exhibit “C.” 24. Owner has failed and refused to pay Association’s assessments for the Property. 25. Owner owes delinquent assessments in the amount of $5,436.75, plus interest, late fees, costs, attorney's fees and additional assessments that continue to accrue. WHEREFORE, Association respectfully requests that this Court enter a judgment in its favor against Defendants, in the amount of $5,436.75, plus additional assessments, interest, late fees, costs and attorney's fees that have accrued, and award such other and further relief Page 4as the Court may deem just and proper. DATED this 31st day of December 2019. GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC By:/s/ Alexis Hernandez Alexis Hernandez Florida Bar No. 113566 Attorney for Association 2600 S Douglas Road, Suite 717 Coral Gables, FL 33134 Telephone (786) 294-6002 Fax No. (305) 370-6622 ahernandez@gadclaw.com mpoza@gadclaw.com Page 5NOTICE TO ALL DEBTORS We Are Professional Debt Collectors: Since a substantial portion of our firm’s practice involves debt collection, we are considered debt collectors. Any information that we obtain in the course of communications with you will be used for that purpose. Identification of the Creditor: The original creditor to which the debt is owed is the Association identified as our client. Your Right to Dispute the Debt: It will be assumed that the debt is valid unless you dispute the validity of the debt within thirty (30) days from the date you receive this letter. If you notify us that you are disputing the debt, we will suspend collection until written verification is provided to you. How to Dispute the Debt: You must dispute this debt in writing. IF you contend that we have failed to give you credit for a payment that you may have made, please provide a copy of your canceled check or other proof of payment. Otherwise, please explain, in detail, why you dispute the debt. Bankruptcy: If you have been discharged in Bankruptcy, then you are not personally liable for any portion of the debt that arose prior to the date that you filed for Bankruptcy, but the Association’s lien against the property is not affected and we may still proceed in rem to collect the full amount. If you have a Bankruptcy case that is still open and you contend that we are violating any stay that is in effect because of that, then please notify us of the case number, in writing, and we will immediately cease collection efforts until the stay is no longer in effect as it pertains to this property. Payments: Payments made by check are not considered received until the check clears and the credit to our Trust Account cannot be revoked. This will take fifteen (15) days for a personal check. We can only give your account immediate credit for payment in cash or when we receive a wire transfer. You will be responsible for the payment of any and all fees incurred as a result of a check being returned for insufficient funds. Post-dated checks cannot be accepted and will be returned to you, and you will be charged a service fee. Partial Payments: Pursuant to Section 718.116, Florida Statutes, payments must first be applied to interest, then to late fees, then to attomey fees, then to costs, and then to the outstanding assessments in the order they became due. If you make less than full payment, you will be charged additional fees for restating the account and notifying you of the new balance due. Additional Charges: If timely payment is not made in full in response to this letter, there will be additional fees and costs charged to your account as further time is spent in the collection process. We charge the account for preparing and monitoring payment plans, issuing estoppel letters, and similar services, Do Not Make Direct Payments to the Association: Making payments directly to the Association will only delay our ability to give you prompt credit for the payment. You will be responsible for any fees incurred prior to the time we receive notice from the Association that your payment has cleared the Association’s account. THIS 1S NOT AN ESTOPPEL CERTIFICATE __ EXHIBIT j Al ;ping, <—— Ih call Lennot Homes ‘ ( ov DECLARATION 86258218 ‘THIS DECLARATION, made on the date hereinafter set forth by Lennar Homes, Inc. hereinafter referred to as “Developer". WITNESSETH WHEREAS, Developer is the owner of certain property more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, (hereinafter referred to as “the Property"): and WHEREAS, Developer has established a land use plan for the Property and desires to provide for the preservation of the values and amenities hereby established and as may be established for the Property and any additional lands hereafter committed to the land use plan and subjected to this Declara~ tion by annexation, and to this end does hereby subject the Property to use covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth; and NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, Developer hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth. ARTICLE I DEFINITIONS Section 1, "Association" shall mean and refer to the Hampshire Homes in Miramar Community Association, Inc., a Florida corporation not-for-profit, ite successors and assigns. Section 2, “Articles” shall mean and refer to the Articles of Incorpo- sors and assigns, a true copy of which ration of the Association, its succ is attached hereto as Exhibit "D" and by this reference made a part hereof. Section 3. “By-Laws" shall mean and refer to the By-Laws which have been or shall be adopted by the Association, a copy of which is attached hereto as Exhibit "Ee" and by this reference made a part hereof. Bection 4, “Board” shall mean the Board of Directors of the Associa- tion, elected in accordance with the By-Laws of the Association. Section $. “Owner® shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including met EXHIBIT 193.°° ar ge Ow Se 726 H4Z9GEL 233 . or{a) when the total votes outstanding in the Class "A" member- ship equals the total votes outstanding in Class “Cc” membership; or (>) on January 1, 1992, ARTICLE IV COVENANT FOR MAINTENANCE Section 1, The Association shall at all times maintain the Common Open ch Lot and the Limited Common Open Space appur- Space, the grassed area of tenant thereto, if any, as long as said grassed areas are not fenced/walled in nor improved by the planting of shrubbery or ground cover. Maintenance of a Lot and the Limited Common Open Space, if any, only includes mowing and trimming, it does not include irrigation or fertilization. Section 2. In the event an Omner of any Lot shall fail to maintain the Lot, the Limited Common Open Space appurtenant thereto, if any which is not fenced or walled in, and the improvements situated thereon in a manner satis- factory to the Board of Directors, the Association, after approval of two- thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such maintenance shall be added to and become part of the assessment to which such Lot is subject. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. ‘The Developer, for each Lot within the Property, hereby covenants, and each Builder and Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association (4) annual assessments or charges, and (ii) special assessuents for capital improvenents, such assessments to be established and collected as hereinafter provided. he annual and epecial assessrents, together with interest, costs and reasonable attorneys fees, shall be & charge on the land and shall be a continuing lien upon the property against which jeiich such assessment is wade, Each such assessment, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the person who was the Owmer of such property at the tine the 826 4Z9GE1 338assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by then, Section 2. PURPOSE OF ASSESSHENTS, The assessnents levied by the Association shall be used exclusively to promote the recreation, health, ty and welfare of the residents in the Property, for the improvement and maintenance of the Common Open Space and the grassed area within each tot, which is not fenced/walled in or improved by the planting of shrubbery or ground cover. Maintenance of a Lot and the Limited Common Open Space, if any, includes only the mowing and edging of the grassed area; it does not Anclude irrigation or fertilization. Section 3. DEVELOPER'S ASSESSMENT GUARANTY. The Developer guarantees to initial purchasers of Units in the Project from the Developer or Builders ements due from such purchasers as Owners for itens of that the monthly common expense of the Association will not exceed the amount therefor reflec- ted in the initial budget for the Association which is provided to such purchasers’ by the Developer or Builder during the calendar year in which a Builder conveys the first Unit in the Property, and thereafter will not exceed 115% of the amount assessed such purchasers during the prior year, each year thereafter. The guaranty shall be in force only until the earlier of (4) the date upon which a majority of the Board of Directors of the Association are elected by the Class “A” and Class “B" members, or (11) such earlier date as Developer elects to terminate this guaranty and pay its of the Association Proportional share of the assessments for coumon expen: Dased upon the number of Lots owned by the Developer. During the period of time this guaranty is in force and effect the Developer, as owner of such Lots as are owned by it, shall be relieved from the obligation of paying its total pro rata share of assessuents for coomon expenses of the Association, but instead shall pay 25% of its pro rata share of assessnents for each Lot owned by Developer and shall additionally be obligated to pay to the Asso- ciation all sums in excess of sums due from all Owners which are necessary to ay the actual expenses of the Association. After the Developer's guaranty has terminated the maximum annual assessment may be increased each year not wore than 158 above the maximum assessnent fos the-previnus year except that the maximum annual assesment may be increased above 158 by a vote of tvo- thirds (2/3) of each class of Members who are voting in person or by proxy at a mecting Guly called for this purpose. The Board of Directors my fix the annual assessment at an amount not in excess of the maximum. 626 %47Z9S€ 1 333Section 4. BUILDERS ASSESSMENTS. Each Builder as a Class "Bp" member, for each Lot owned by such Builder, shall pay twenty-five (25%) percent of the annual assessment fixed for Class "A" membership. In the event Developer actually owes deficits as required by Article V, Section 3, Builder shall, in addition to paying 25% of the annual assessment, reimburse Developer for a pro rata share of said funded deficits based on the percentage of Lots then owned by Builder in the Property at the time the deficits are paid by Developer. Bection S$. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the annual assessment authorized above, the Association, through ite Board of Directors, may levy in any assessment year, & special assessment applicable to that year only for the purpose of Gefraying, in whole or in part, the cost of any construction, reconstruction, xepaving, repair or replacenent ofa capital improvement upon the Coumon Open Space, including fixtures and personal property related thereto, if any, provided that any such assessment shail have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 3 AND 4. Written notice any meeting called for the purpose of taking any action authorized under Section 3, Section 4 and Section 5 shall be sent to all members not 1 than thirty (30) days, nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of menbers or proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the votes of each class of membership. No such subsequent pecting shall be held more than sixty (60) days following the preceding meeting. Section 7. RATE OF ASSESSMENT. Both annual and special assessments set forth in Sections wust be fixed at a uniform rate for all Lots, except 3 and 4 of this Article V. Section 8. DATE OF COMMENCEMENT OF ANHUAL ASSESSMENTS: DUE DATES. The annual assessnents provided for herein shall commence as to all Lots initial- ly subjected to this Declaration, on the first day of the month following conveyance of the Common Open Space. The annual assessments provided for cB Z9SEL 338herein on each Stage of the Undeveloped Property annexed hereto, shall commence on the first day of the month following annexation of that parti- cular stage. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall £1x the amounts of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The dus dates shall be established by the Board of Directors. The assessments, at the election of the Association, may be collected on # monthly basis. ‘The Association shall, upon demand, and for a reasonable charge, furnieh a certificate signed by an officer of the Association setting forth whether the assessments on © specified Lot have been paid. A properly executed certifi- jsments on a Lot is binding cate of the Association as to the status of upon the Association as of the date of its issuance. The Association may Selegate to a mortgage company or financial institution responsibility for ements. collection of al Section 9. EFFECT OF NON-PAYMENT OF ASSESSMENT; REMEDIES OF THE ASSO- sament not paid within thirty (30) days of the due date CIATION. Any a shall bear interest from the due date at the rate of fifteen (158) percent per annum, but in no event more than the maximum amount allowed by law. The Association may, at its election, bring an action at law against the Owner Personally obligated to pay the same and/or foreclose the lien against the Property. Section 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be a lien superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens. The sale or transfer of any Lot pursuant to the foreclosure or any proceedings in lieu thereof of a firet mortgage meeting the above quali- fications, shall extinguish the lien of such assessments as to payments which decams due prior to such sale or transfer. Mo sale or transfer shall relieve | such Lot from liability for any assessments thereafter becoming due or from 1€6 S4Z9G¢| 338 ‘the lien thereof. Section 11. DAMAGE TO COMMON OPEN SPACE BY ONNERS. The foregoing maintenance, repairs or replacements within the Property arising out of or caused by the willful ox negligent act of the Owner, his family, guests or 10[C.A.A. Group] Community Association Advocacy Group, LLC February 18, 2019 Certified Mail - 0000-0000-0000-0000-0000 SENT VIA CERTIFIED MAIL & FIRST CLASS MAIL Dexter McKenzie 9921 W Heather Lane Miramar, FL 33025 DEMAND LETTER PURSUANT TO FLA. STAT. 720.3085 IN COMPLIANCE FAIR DEBT COLLECTION PRACTICES ACT: THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Re: Our Client/Creditor: Hampshire Homes Miramar Homeowners Association, Inc. Property: 9921 W Heather Lane Miramar, FL 33025 Total Amount Claimed: $ 1,264.50 Please be advised that this firm represents Hampshire Homes Miramar Homeowners Association, Inc. (“The Association”). To date, you owe the Association the total referenced above represented by the following: Unpaid monthly assessments $ 900.00 (Through February 2019) Special Assessment $ 0.00 Interest $ 94.50 Collection Fees $ 250.00 Costs $ 20.00 Total Amount Claimed: $ 1,264.50 305-400-8048 EXHIBIT X info@collectingflorida.com W& tp://www.collectingflorida.com/ @ aA Box 4903 Miami Lakes, FL33014[C.A.A. Group] Community Association Advocacy Group, LLC In order to avoid future late charges, interest costs and collection fees, it is imperative that you pay the assessment now. Florida Statutes 720 recognizes the necessity of having all Home owners Associations unit owners promptly pay their share of the assessments and provides the Association with the right to foreclose a lien for unpaid assessments, interest, costs, and collection’s fees. Please be advised that you have forty-five (45) days to pay the association the above mentioned amount or the association will file a lien on the above mentioned address. NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT Unless you dispute this debt, or any portion of it, within thirty (45) days after receiving this notice, the debt will be assumed to be valid by this law firm. If you notify the undersigned collection, in writing, within the said thirty (45) day period, that this debt or any portion of it thereof, is disputed, the undersigned collection will obtain verification of the debt or copy of a judgment will be mailed to you. «Upon your written request within the said thirty (45) day period, the undersigned collection will provide you with the name and address of the original creditor, if different from the current creditor. elf you do dispute this debt in writing within the thirty (45) day period, we will suspend collection until we send you the verification, Please make your check payable to Community Association Advocacy Group, LLC, in the amount referenced above, and mail it to my attention. Furthermore, any check mailed directly to the Association will be returned and extra collection’s fees may be charged. If you do not send a check in the stated amount or dispute the debt within forty five (45) days, the Association will proceed with legal action (including filing a lien) against you to collect this amount, plus additional interest, costs and collection fees. This office is attempting to collect a debt and any and all information obtained will be used for that purpose Thank you for your immediate attention to this matter. Please feel free to contact our office Monday through Friday between the hours of 9:00 am and 4:00 pm should you have questions concerning the foregoing. PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yours, Community Association Advocacy Group, LLC 305-400-8048 http://www.collectingflorida.com/ \ info@collectingflorida.com BI ® PO Box 4903 Miami Lakes, FL 33014. @6609 Willow Park Drive, Second Floor 2030 McGregor Boulevard 2600 Douglas Road, Ste. 717 4800 N. Federal Highway, Ste. #0307 GORDE § ADAMCZYK / DEBOEST § CROSS CUNY CO. iM August 23, 2019 VIA: Certified Mail and Re; Mail Dexter McKenzie 9921 W. Heather Lane Miramar, Florida 33025 Re: Hampshire Homes in Miramar Community Association, Inc. 9921 W. Heather Lane, Miramar, FL 33025 Dear Mr. McKenzie: This law firm represents Hampshire Homes in Miramar Community Association, Inc., (hereinafter “Association”). We have been engaged to collect a debt. Any information obtained will be used for that purpose. The Association is the original party to whom the debt is owed. Your failure to pay the amounts stated in our February 18, 2019 letter has caused the Association to record a claim of lien against the above-referenced property titled to Dexter McKenzie, to secure payment of the delinquent charges against the above-referenced property. A copy of the executed Claim of Lien is enclosed with this letter. A foreclosure action will be commenced unless the total amount shown below is paid in full within forty-five (45) days from the date of this letter. Please be further advised that until your account is brought current payment must be made through this office. Pursuant to Florida law, partial payments made will be applied by law first to interest, late fees, attorney’s fees and costs and then to the outstanding assessments in the order they came due. Thereafter, a letter for the remaining balance will be forwarded to you, at which time additional attorney's fees and costs will be incurred. The amount that is required to sufficiently pay all sums due under the Claim of Lien so far is as follows: Balance of Assessments after payments - 10/01/2017 $32.38 Assessments - 1101/2017 through 12/01/2017 @ $105.00 per $210.00 month Assessments - 01/01/2018 through 08/01/2019 @ $100.00 per $2,000.00 month Collect Costs $295.00 Interest $316.16 Costs $100.00 Attorney Fees $695.00 16222-Notice of Intent to Foreclose Hampshire Homes: |2252.002 - 122$2.002 Naples, Florida 34109 Fort Myers, Florida 33901 Coral Gables, Florida 33134 Boca Raton, Florida 33431 P: 239.331.5100 > 239.333 2992 : 786.294 6002 P 561.368.9200 F: 239.260.7677 F 239 333.2999 F 305 503.9551 F S61 395.7050Total Due: $3,648.54 If the above amount, plus unpaid amounts coming due after the charges listed above, is received within the specified time, a satisfaction of Claim of Lien will be recorded and forwarded to you. Please make payment in the amount of $3,648.54 plus interest at the rate of $0.92 per day after August 23, 2019 until the full payment is received, payable to Goede, Adamczyk, DeBoest & Cross PLLC Trust Account and mail it to 6609 Willow Park Drive, Suite 201, Naples, Florida 34109 to the attention of the undersigned. If payment is received after September 1, 2019, the monthly assessment of $100.00 should be included with your payment. Any payments received by the Association or property management will be forwarded to our office and applied pursuant to Florida Statute until your account is current through our office. Please do not attempt to submit payment to either entity. Any restrictive endorsements will be disregarded. Please allow personal check payments at least fifteen (15) business days to clear, at which time your payment will be considered received. Pursuant to Florida law, an owner whose account is over 90 days past due will have their use of the common amenities suspended for themselves, their families as well as their tenants, guests and invitees. If you fail to pay and force the Association to foreclose on its lien, your privileges will be suspended and will be reinstated once payment is received for the full balance due on your account. Please note that we may only discuss this matter with the person(s) named above. If you wish for us to discuss this matter with a third party, we will require written authorization from the person(s) named above. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Very truly yours, Goede, Adamezyk, DeBoest & Cross, PLLC Qdoan Dyerwnaday Alexis Hernandez Esq. For the Firm ARH’'MCP EnclosureNOTICE TO ALL DEBTORS We Are Professional Debt Collectors: Since a substantial portion of our firm’s practice involves debt collection, we are considered debt collectors. Any information that we obtain in the course of communications with you will be used for that purpose. Identification of the Creditor: The original creditor to which the debt is owed is the Association identified as our client. Your Right to Dispute the Debt: It will be assumed that the debt is valid unless you dispute the validity of the debt within thirty (30) days from the date you receive this letter. If you notify us that you are disputing the debt, we will suspend collection until written verification is provided to you. How to Dispute the Debt: You must dispute this debt in writing. If you contend that we have failed to give you credit for a payment that you may have made, please provide a copy of your canceled check or other proof of payment. Otherwise, please explain, in detail, why you dispute the debt. Bankruptcy: If you have been discharged in Bankruptcy, then you are not personally liable for any Portion of the debt that arose prior to the date that you filed for Bankruptcy, but the Association’s lien against the property is not affected and we may still proceed in rem to collect the full amount. If you have a Bankruptcy case that is still open and you contend that we are violating any stay that is in effect because of that, then please notify us of the case number, in writing, and we will immediately cease collection efforts until the stay is no longer in effect as it pertains to this property. Payments: Payments made by check are not considered received until the check clears and the credit to our Trust Account cannot be revoked. This will take fifteen (15) days for a personal check. We can only give your account immediate credit for payment in cash or when we receive a wire transfer. You will be responsible for the payment of any and all fees incurred as a result of a check being returned for insufficient funds. Post-dated checks cannot be accepted and will be returned to you, and you will be charged a service fee. Partial Payments: Pursuant to Section 718.116, Florida Statutes, payments must first be applied to interest, then to late fees, then to attorney fees, then to costs, and then to the outstanding assessments in the order they became due. If you make less than full payment, you will be charged additional fees for restating the account and notifying you of the new balance due. Additional Charges: If timely payment is not made in full in response to this letter, there will be additional fees and costs charged to your account as further time is spent in the collection process. We charge the account for preparing and monitoring payment plans, issuing estoppel letters, and similar services, Do Not Make Direct Payments to the Association: Making payments directly to the Association will only delay our ability to give you prompt credit for the payment. You will be responsible for any fees incurred prior to the time we receive notice from the Association that your payment has cleared the Association's account. THIS IS NOT AN ESTOPPEL CERTIFICATEThis instrument was prepared by After Recording Return to: Axis Hernandez, Esq. Goede, Adamozyk, DeBoest & Cross, PLLC. 2600 Douglas Road, Suite 717 Coral Gables, FL 33134 Ph: (786) 294-6002 CLAIM OF LIEN FOR UNPAID ASSESSMENTS KNOW ALL MEN BY THESE PRESENTS, THAT: HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION, INC., a Florida not for profit organization, with a mailing address of clo FPMGroup, 6625 Miami Lakes Drive East, Suite 338, Miami Lakes, Florida 33914, through its undersigned Attorneys/Agent, Goede, Adamczyk, DeBoest & Cross, PLLC, claims this 4ien for unpaid assessments and interest on those assessments, together with attorneys’ fees incurred by the lienor incident to the collection of the assessments and enforcement of this lien, pursuant to Chapter 720, Florida Statutes, against the following described real property in Broward County, Florida: Lot 2, Block 83, of Meadows of Miramar Phase Three, according to the Plat thereof, as recorded in Plat Book 126, at Page 2, of the Public Records of Broward County, Florida The names of the record owner(s) of the above described property, against whose interest this lien is claimed is or are Dexter McKenzie, a single man Balance of Assessments after payments - 10/01/2017 $32.38 Assessments - 11/01/2017 through 12/01/2017 @ $105.00 $210.00 per month Assessments - 01/01/2018 through 08/01/2019 @ $100.00 $2.000.00 per month Total Due: $2,242.38 This Claim of Lien is to secure the payment of assessments against the owner(s) by the undersigned Association, plus interest at the rate of 15% per annum from the due dates, together with all unpaid assessments, interest, costs, and attorney's fees which have come due and which may accrue subsequent to the recording of the C aim of Lien and prior entry of a final judgment of forec-osure. The undersigned, as Attorney‘Agent of Hampshire Homes in M ramar Community Association, Inc., and on behalf of all owners of the Association, c aims a fien on the real properly described above until the sums named above shall have been paid {o the Association. Dated tna ®@ay of 2. ged’ 2019. Q HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION, INC. Sia Remeved f lexis Hernandez, Esq. ro Its: Attorney’Agent 16222-Claim of Lien: Hampshire Homes 12252 002 - 12252.002STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing nstrument was acknowledged before me this 23rd day of August 2019, by Alexis Hernandez, Esq., as Attorney/Agent of Hampshire Homes in Miramar Community Associalion, Inc. the corporation described in the foregoing instrument and who is personally known to me and acknowiedged executing the same under authority vested in him by said corporation and the seal affixed thereto is the sea’ of said corporation 4 My Commission Expires: MARIA CRISTINA POZA Notary Public -State of Frorida Commissions 609675? My Comm. Expires Apr 19, 2021 onded though Haional Mota Ain 16222-Claim of Lien:Hampshire Homes 12252 002 - 12252 002Instr# 116014077 , Page 1 of 2, Recorded 08/26/2019 at 09:22 AM Broward County Commission This instrument was prepared by Alter Recording Return to: Alexis Hernandez, Esq. Goede, Adamezyk, DeBoest & Cross, PLLC 2600 Douglas Road, Suite 717 Coral Gables, FL 33134 Ph: (786) 204-6002 CLAIM OF LIEN FOR UNPAID ASSESSMENTS, KNOW ALL MEN BY THESE PRESENTS, THAT: HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION, INC., a Florida nol for profit organization, with a mailing address of clo FPMGroup, 6625 Miami Lakes Drive East, Suite 338, Miami Lakes, Florida 33014, through its undersigned Attorneys/Agent, Goede, Adamczyk, DeSoest & Cross, PLLC, claims this lien for unpaid assessments and interest on those assessments, together with attorneys’ fees incurred by tha lienor incident to the collection of the assessments and enforcement of this lien, pursuant to Chapter 720, Florida Statutes, against the following described real property in Broward County, Florida: Lot 2, Block 83, of Meadows of Miramar Phase Three, according to the Plat thereof, as recorded in Plat Book 126, at Page 2, of the Public Records of Broward County, Florida The names of the record owner(s) of the above described property, against whose interest this lien is claimed is or are Dexter McKenzia, a single man Balance of Assessments after payments - 10/01/2017 $32.38 Assessments - 11/01/2017 through 12/01/2017 @ $105.00 $210.00 per month Assessments - 01/01/2018 through 08/01/2019 @ $100.00 $2,000.00 per month Total Due: $2,242.38 This Claim of Lien is to secure the payment of assessments against the owner(s) by the undersigned Association, plus interest at the rate of 15% per annum from the due dates, together with all unpaid assessments, interest, costs, and attomey’s fees which have come due and which may accrue subsequent to the recording of the Claim of Lien and prior entry of a final judgment of foreclosure. The undersigned, as Attorney/Agent of Hampshire Homes in Miramar Community Association, Inc., and on behalf of ali owners of the Association, claims a lien on the real property described above until the sums named above shall have been paid to the Association. Dated vis? %ay otf ga 2019, 7 HAMPSHIRE HOMES IN MIRAMAR COMMUNITY ASSOCIATION, INC. Sean 3 mandez, Esq. ie Attomey/Agent EXHIBIT 16222-Claim of Lien: Hampshire Homes/12252.002 - 12252.002 i d )Instr# 116014077 , Page 2 of 2, End of Document STATE OF FLORIOA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 23rd day of August! 2019, by Alexis Hernandez, Esq., as Attorney/Agent of Hampshire Homes in Miramar Community Association, Inc. the corporation described in the foregoing instrument and who is personally known to me and acknowledged executing the same under authority vested in him by said corporation and the seal affixed thereto is the seal of said corporat.on. My Commission Expires; MARIA CRISTINA POZA Notary Public ~ State of Florida Commission § GG09625? ‘My Comm. Erptes Apr 19,2021 Bonde ough Raona Nota As 16222-Claim of Lien: Hampshire Homes: 2252.002 - 12252.002