|
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND
CIVIL
DIVISION LAKE
PLACE CONDOMINIUM ASSOCIATION, INC., a not
for profit corporation, Plaintiff,
vs.
LEONARD
COLODNY, CALVIN COOPER, and JON ZUCH, Defendants.
---------------------------------------------_/
COMPLAINT
COMES
NOW the Plaintiff, Lake Place Condominium Association, Inc. and sues the
1.
This is an action for permanent injunctive relief for which the
potential harm exceeds $15,000.00 and for real property which is valued at
more than $15,000.00.
2.
Plaintiff, Lake Place Condominium Association, Inc. (hereinafter the
"Association") is a not for profit corporation with its principal
place of business in Hillsborough County,
Florida.
3.
The Defendant Leonard Colodny is the owner of real property in and
resides in Hillsborough County, Florida.
4.
The Defendant Calvin Cooper is the owner of real property in and
resides in
5.
The Defendant Jon Zuch is the owner of real property in and resides in
Hillsborough
County, Florida.
6.
Venue is proper in Hillsborough County, Florida.
7.
The Association is authorized to bring this action pursuant to Chapter
718, Florida
Statutes (2005).
8.
Florida Statute 718.112(2)(j) states in part as follows: "Subject
to' the provision of S. 718.301, any member of the board of administration may
be recalled and removed from office with or without cause by the vote or
agreement in writing by a majority of all the voting interests." (emphasis
added).
9.
Pursuant to the Amended and Restated Articles of Incorporation for Lake
Place, a
10.
There are a total
of ninety (90) voting interests in the Association.
11.
Therefore, forty-six (46) is a majority of the voting interests.
12.
In Apri12006,Colodny, Cooper and Zuch attempted to recall three members
of the
13.
The current Board of Directors consists of the following members: Regina
Gregory Linda Trujillo Bonnie Wilpon Gloria Meyers Sandra
Reynolds (resigned effective April 24,02006) (hereinafter
the "Duly Elected Board of Directors").
14.
The Defendants have failed to comply with Florida Statute 718.112(2)(j)
in their attempt to recall three (3) members of the Board of Directors. 1
1) The Defendants may have improperly relied on Section 3.5 d. which states as follows: "As noted in Article 4.1 of the By-Laws, the membership of each condominium shall elect and have the right to recall members of the Board elected from their own condominium." However, Florida Statutes §7l8.ll2(2)G) clearly requires a majority vote of the entire membership. 15.
Specifically:
(a)
the Defendants did not obtain the written consent of a majority of the voting
interests; and
(b)
the Defendants did not properly serve a copy of the written agreement recalling
the Directors.
16.
The Defendants have and are currently improperly attempting to take
action on behalf
of the Association and are interfering with the Association's duly elected
Board of Director's official business. The Association attaches hereto and
incorporates herein the Defendants' proposed agenda for a special Board of
Directors meeting as Exhibit "B". 17.
The Defendants are attempting to reverse a properly imposed special
assessment. 18.
The Defendants are attempting to hold a special Board of Directors
meeting.
19.
The Defendants are impersonating the duly elected Board of Directors by
utilizing
20.
The Defendants are covering and/or replacing notices to the membership
posted by
the duly elected Board of Directors.
21.
The Defendants are advising unit owners not to pay a properly imposed
special assessment, which had been imposed by the Board of Directors for a
substantial repair project that is needed to address water intrusion into many
of the units.
22.
The Association was forced to use its reserves to repair units that had
water intrusion
so severe there were holes in the building. The Association currently has no
reserves and the assessment is needed to complete other work orders for water
intrusion that are currently outstanding. Additionally, the assessment is
needed to repair balconies that are crumbling and to repair wood that has
rotted throughout the community. 23. Upon information and belief the Defendants' units do not have water intrusion.
24.
Florida Statute 718.111 (1)(c) states as follows: (c) A unit owner does not have any authority to act for the association by reason of being a unit owner.
25. The Association is without an adequate remedy at law.
26.
The Association will suffer irreparable harm if the Defendants are not
prohibited from
improperly taking action on behalf of the Association and interfering with the
Association's current Board of Director's official business.
27.
Money damages are inadequate and cannot compensate the Association for
the harm being caused by the Defendants.
28.
Without injunctive relief, the Association is suffering and will
continue to suffer irreparable harm by virtue of, but not limited to, the following:
(a)
the members of the Association will be subject to illegal action taken
by the Defendants on behalf of the Association,
(b)
the ability of the Association to act in the best interest of the
Association is undermined by the actions of the Defendants, and
(c)
the Defendants' actions will interfere with the duly elected Board of Director's
ability to administer the affairs of the condominium and fulfill their
fiduciary duties to the members.
29.
All conditions precedent to the maintenance of the present cause of
action have been
fulfilled.
30.
The present cause of action is not subject to the jurisdiction of the
Department of Business and Professional Regulation.
31.
The Association has retained the firm of Bush Ross, P.A. to represent
it in bringing this action and is obligated to pay its attorney a reasonable fee for its services. The Defendants
are obligated to pay the Association's attorney's fees if the Plaintiff
prevails, pursuant
to the Declaration and pursuant to Chapter 718 of the Florida Statutes. WHEREFORE,
Lake Place Condominium Association, Inc. respectfully requests that this
(a)
prohibiting the Defendants from taking action on behalf of the
(b)
interfering with the Association's duly elected Board of Director's
administration of the affairs of the condominium; and
(c)
entering an award of attorney's fees in favor of the Association and BUSH
ROSS, P.A. P.O.
Box 3913 Tampa, FL 33601 (813) 204-6492 (813) 223-9620 (fax) Attorneys for the Plaintiff
By:__________________ Steven H. Mezer, Esquire Florida Bar No.: 239186 Meredith A. McCall, Esquire
Florida Bar No.: 0771651 |
COURT RULINGS | HOME | CONDO ARTICLES |