IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY , FLORIDA

CIVIL DIVISION

Case No.06 003789 -- DIVISION I

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN

AND FOR HILLSBOROUGH COUNTY , FLORIDA

CIVIL DIVISION

 

LAKE PLACE CONDOMINIUM ASSOCIATION, INC., a Florida

not for profit corporation,

Plaintiff,

vs.

LEONARD COLODNY, CALVIN COOPER, and JON ZUCH,

Defendants.

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                         COMPLAINT

 

COMES NOW the Plaintiff, Lake Place Condominium Association, Inc. and sues the Defendants Leonard Colodny, Calvin Cooper, and Jon Zuch and alleges as follows:

             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 Hillsborough County, Florida.

            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 Condominium Association, Inc., the members of the Association "shall consist of all of the record title holders of Lake Place, a Condominium and Lake Place II, a Condominium." A copy of the Amended and Restated Articles of Incorporation for Lake Place Condominium Association, Inc. is attached hereto as Exhibit 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 duly elected Board of Directors.

            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 the Association's letterhead. 

   

             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 Court enter an Order:

                        (a)        prohibiting the Defendants from taking action on behalf of the Association;

 

                        (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 against the Defendants and for such other and further relief the Court deems just and proper.

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

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