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Article Courtesy of The Orlando
Sentinel
By Jerry
W. Jackson
Published December 14, 2007
Downtown
Orlando developer Cameron Kuhn has been sued again, this time by owners of
condo-offices in one of Kuhn's new towers on Orange Avenue who allege that
he has left them to foot the bill for the building's maintenance.
The lawsuit, filed this week in state Circuit Court in Orlando, contends
that Kuhn has failed to pay his share of the tower's condo dues for common
maintenance that total more than $214,000.
As developer-owner, the suit states, Kuhn still holds title to nine
commercial-condominium units in the north tower, one of three high-rise
buildings in his Plaza redevelopment complex between Pine and Church
streets.
Three other
unit owners, individually or through their limited liability partnerships,
are taking Kuhn to court to try forcing him to cough up his share of the
costs as required under the building's covenants, so they do not have to
continue paying for its upkeep by themselves.
"Mr. Kuhn needs to pay just like every other owner," said
Orlando personal-injury lawyer Thomas Vaughan, whose firm was one of the
first tenants to move into the complex earlier this year.
Vaughan and the two other owners are being represented by one of the top
business litigators in town, James Toscano of Lowndes, Drosdick, Doster,
Kantor & Reed.
The lawsuit, assigned to Judge Cynthia McKinnon, cites a condo-association
contract requirement that "all owners of the units are responsible
for common expenses" and "no owner may withhold payment of any
regular or special assessment."
It provides for interest penalties for all sums not paid within 10 days of
the due date, and gives the association power to place a lien against any
unit for unpaid assessments and interest.
Kuhn failed to contribute his share of $214,830 due on Nov. 7, the suit
contends, yet the association board -- headed by Kuhn -- "has
breached its fiduciary duty" and "wrongfully neglected to
enforce the payment."
Vaughan would not say whether the tower's common areas are deteriorating
or are not being properly maintained. His attorney in the case, Toscano,
also would not comment beyond the facts cited in the lawsuit, noting that
the suit does not address the issue of the state of the building's
maintenance.
The case does allege, without elaborating, that the plaintiffs and other
unit owners in the north tower "are bearing a disproportionate
share" of the assessments and costs.
The other plaintiffs in the suit filed Monday, in addition to Vaughan, are
two limited liability corporations, Swamp Donkey LLC and Stirling 16 LLC.
State incorporation records indicate that Swamp Donkey was formed in 2006
and is headed by managing member Philip L. Logas, another downtown Orlando
lawyer, with a Pine Street address.
Stirling 16 LLC, also created last year, is headed by managing member
Roger Soderstrom, a prominent Central Florida real estate broker-owner
whose company, Stirling Sotheby's International Realty, opened a
"global gallery" for sales and marketing on the north tower's
16th floor.
Incorporation records list Logas as the registered agent for Soderstrom's
limited liability entity. Such companies, routinely formed for many
reasons, provide some measure of protection against lawsuits by buffering
owner-members, or limiting their liability, and walling off their other
business entities.
Kuhn, who has been battling a number of lawsuits this year as the
condo-sales market plunged and worldwide credit markets tightened, could
not be reached Thursday for comment. A spokeswoman for the developer said
she had no knowledge of the lawsuit.
Earlier this fall, Kuhn told the Orlando Sentinel that he was in good
shape financially, though he did concede that his positive net worth is
tied up in his real estate, which consists of more than a dozen major
assets, primarily in Orlando and Jacksonville.
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