Filing # 142999734 E-Filed 01/31/2022 05:16:17 PM
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`IN THE CIRCUIT COURT OF THE
`11th JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`CASE NO.
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`Plaintiff,
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`WINSTON TOWERS 400 ASSOCIATION,
`INC., a Florida not for Profit Corporation,
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`VLADIMIR SILVERSTONE, an individual,
`and ARON NEUMAN, an individual,
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`Defendants.
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`_________________________________/
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`COMPLAINT
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`The Plaintiff, Winston Towers 400 Association, Inc., by and through its undersigned
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`counsel, hereby sues the Defendants, Vladimir Silverstone and Aron Neuman, and in support
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`thereof, alleges the following:
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`PARTIES, JURISDICTION AND VENUE
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`1.
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`The Plaintiff, Winston Towers 400 Association, Inc. (the “Association”) is a
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`Florida not for Profit Corporation that conducts business in Miami-Dade County, Florida.
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`2. The Association is the corporate entity responsible for managing the affairs of the
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`Winston Towers 400, a residential condominium located at 231 174th Street, Sunny Isles Beach,
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`Miami-Dade County, Florida (the “Condominium”).
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`3.
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`The Association brings this action in its own name and right, as well as on behalf
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`of its membership pursuant to Rule 1.221, Florida Rules of Civil Procedure (“Fla. R. Civ. P.”),
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`and Florida Statutes (“Fla. Stat.”) § 718.111(3).
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`4.
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`The causes of action set forth herein concern matters of common interest to the
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`Association’s membership.
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`5.
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`Upon information and belief, the Defendant, Vladimir Silverstone, is a resident of
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`Miami-Dade County, Florida, over the age of eighteen (18) and otherwise sui juris.
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`6.
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`Upon information and belief, the Defendant, Aron Neuman, is a resident of
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`Miami-Dade County, Florida, over the age of eighteen (18) and otherwise sui juris.
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`7.
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`This is an action for injunctive relief and damages in excess of thirty thousand
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`dollars ($30,000.00), which is within the jurisdictional limits of this Court.
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`8.
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`Venue is proper in Miami-Dade County pursuant to § 34.01, Florida Statutes, as
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`the property is located in Miami-Dade County, the causes of action accrued in Miami-Dade
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`County, and the Defendants reside in Miami-Dade County.
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`9.
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`The terms of the Association’s Declaration of Condominium is recorded in
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`Official records Book 8662 at Page 1390, et seq., of the public records of Miami-Dade County,
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`Florida (“Declaration”). A copy of the Declaration is attached hereto as Exhibit “A.”
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`10.
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`Defendant, Vladimir Silverstone is one of the owners of Unit 719, which is
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`located within the Condominium.
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`11.
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`Defendant, Vladimir Silverstone is a member of the Association by virtue of his
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`co-ownership of the Unit.
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`12.
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`Defendant, Aron Neuman resides Unit 718, which is located within the
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`Condominium.
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`13.
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`Unit 718 was owned by Zipora-Newman, as Trustee of the Trust of Zipora
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`Strobel-Neuman Under Agreement dated November 5, 2004.
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`14.
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`Upon information and belief, Unit 718 is currently owned by the Trust of Zipora
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`Strobel-Neuman Under Agreement dated November 5, 2004.
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`Page 2 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
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`

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`GENERAL ALLEGATIONS
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`15.
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`Sometime in May 2021, Defendant Aron Neuman created
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`https://wt400recall2021.blogspot.com/ (“Blog”).
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`16.
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`The Blog began as a forum to recall Brian Simins and Inna Logvinsky from the
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`Association’s Board of Directors.
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`17.
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`Ultimately the Blog seeks the recall of all members of the Association’s Board of
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`Directors.
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`18. Without solicitation or subscription to the Blog, the Blog is emailed to every
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`owner and/or resident who is on the Association’s mass email list.
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`19.
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`Defendant Aron Neuman stole the Association’s mass email list from the time he
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`served as a member of the Association’s Board of Directors.
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`20.
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`Approximately 34 posts were made on the Blog from May 2021 through August
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`2021.
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`21.
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`Approximately 34 emails were sent from May 2021 through August 2021.
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`22.
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`Defendant, Vladimir Silverstone uses the pseudonym Mark Levin.
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`23.
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`On May 11, 2021, Defendant, Vladimir Silverstone, from his Mark Levin email
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`and using the pseudonym Mark Levin, send a mass email stating that:
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`a. Board Member Brian Simins costs the Associations more than $15,000.00
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`thousand dollars in retainers by switching attorys;
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`b. Board Members Brian Simins and Inna Logvinsky’s actions were “... very
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`questionable, if not criminal...”; and,
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`Page 3 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
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`c. That Board Member Brian Simins does not care about elderly residents. A
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`true and correct copy of the May 11, 2021, mass email is attached hereto as
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`Exhibit “B.”
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`24.
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`On May 15, 2021, Defendant, Vladimir Silverstone, from his Mark Levin email
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`and using the pseudonym Mark Levin, stating that Board member Brian Simins scheduled a
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`Board of Directors meeting on May 17, 2021 “...knowing that Jews won’t be able to join and
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`participate.” A true and correct copy of the May 15, 2021, mass email is attached hereto as
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`Exhibit “C.”
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`25.
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`The Blog’s May 16, 2021, post and mass email accuses Board Members Brian
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`Simins and Inna Logvinsky of antisemitic behavior. A true and correct copy of the May 16,
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`2021, Blog post mass email is attached hereto as Exhibit “D.”
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`26.
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`On May 18, 2021, the Blog post and mass email accuses Board Member Brian
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`Simins of sending a threatening email to a 71 year old woman. A true and correct copy of the
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`May 18, 202, Blog post and mass email is attached hereto as Exhibit “E.”
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`27.
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`A Blog post titled: Susan Simins is she missing? There have been reports of abuse
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`at the residence? Elder Abuse Hotline, was posted and sent via mass email on May 19, 2021. A
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`true and correct copy of the May 19, 2021, Blog post and mass email is attached hereto as
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`Exhibit “F.”
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`28.
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`The Blog insinuates that Board Member Brian Simins is abusing his mother.
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`29.
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`On May 20, 2021, Defendant, Aron Neuman, authored a Blog post and mass
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`email that stated, in part, that Brian Simins and Inna Logvinsky for malicious and nefarious
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`purposes:
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`Page 4 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
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`

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`a. Changed the locks on the management office;
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`b. Fired the office manager, security supervisor, and chief engineer; and,
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`c. Occupied the management office after business hours until midnight in order
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`to remove documents from personal files. A true and correct copy of the May
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`20, 2021, Blog post and mass email is attached hereto as Exhibit “G.”
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`30.
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`On May 21, 2021, the Blog post and mass email alleges that the Association’s
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`Board of Directors authorized frivolous expenses. A true and correct copy of the May 21, 2021,
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`Blog post and mass email is attached hereto as Exhibit “H.”
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`31.
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`The Blog post and mass email dated May 24, 2021, regarding rules and
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`regulations regarding the use and occupancy of units within the Condominium alleges that Board
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`Member Brian Simins is running a real estate agency out of the Condominium. A true and
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`correct copy of the May 24, 2021, Blog post and mass email is attached hereto as Exhibit “I.”
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`32.
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`On or about June 8, 2021, Defendant, Vladimir Silverstone’s Blog post and mass
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`email insinuates that the Board of Directors were off of their medication. A true and correct copy
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`of the June 6, 2021, Blog post and mass email is attached hereto as Exhibit “J.”
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`33.
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`The second June 8, 2021, Blog post and mass email states that “Brian Simins and
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`the BOD terminate Elite Security Guards as he has a vendetta against Sharleen!” A true and
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`correct copy of the June 8, 2021, Blog post and mass email is attached hereto as Exhibit “K.”
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`34.
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`The Blog post and mass email accuses Board Members Olga Vernitskaya and
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`Scott Fortney of being liars on June 9, 2021. A true and correct copy of the June 9, 2021, Blog
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`post and mass email is attached hereto as Exhibit “L.”
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`Page 5 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`35.
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`On June 10, 2021, Defendant Vladimir Silverstone, using the pseudonym Mark
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`Levin, authored a Blog post and mass email indicating that Board Member Klavdiya Lopata
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`remodeled her kitchen without a permit. A true and correct copy of the June 10, 2021, Blog post
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`and mass email is attached hereto as Exhibit “M.”
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`36.
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`On June 11, 2021, the Blog post and mass email accuses Board Member, Scott
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`Fortney of running a business out of his unit, in violation of the Association’s Declaration. A true
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`and correct copy of the June 11, 2021, Blog post and mass email is attached hereto as Exhibit
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`“N.”
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`37.
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`The first Blog post and mass email on June 14, 2021, accuses Board Member
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`Brian Simins of intentionally causing a fob not to work so that a live in caretaker could not
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`properly care for her 95 year old client. A true and correct copy of the June 14, 2021, Blog post
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`and mass email is attached hereto as Exhibit “O.”
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`38.
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`This same Blog post and mass email indicates that Board Member Brian Simins
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`of admitting to being investigated for elderly abuse.
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`39.
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`In addition, this Blog post and mass email accuses Board Member Brian Simins
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`of removing all records about his elder abuse investigation from the Association’s records.
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`40.
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`The second Blog post and mass email on June 14, 2021, suggests that Brian
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`Simins was emotionally sick and that Brian Simins and “his puppet board” are “actually
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`endangering” the lives of the Condominium’s residents. A true and correct copy of the June 14,
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`2021, Blog post and mass email is attached hereto as Exhibit “P.”
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`41.
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`On June 17, 2021, the Blog post and mass email contained a video from May
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`2020, with an Elite Guard report suggesting that Board Member Brian Simins was stealing
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`Page 6 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`documents from the Association. A true and correct copy of the June 17, 2021, Blog post and
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`mass email is attached hereto as Exhibit “Q.”
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`42.
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`The June 29, 2021, Blog post and mass email suggests that the Association’s
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`Board of Directors and Property Manager are stopping repairs and refusing to maintain the
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`Common Elements. A true and correct copy of the June 29, 2021, Blog post and mass email is
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`attached hereto as Exhibit “R.”
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`43.
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`On June 30, 2021 Defendant Nueman posted a Blog and sent a mass email
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`indicating that:
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`a. Board Member Scott Fortney is a puppet;
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`b. All Members of the Board of Directors are running a “rent control” styled
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`condominium; and,
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`c. Board member Brian Simins is stealing his mother’s social security checks. A
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`true and correct copy of the June 30, 2021, Blog post and mass email is
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`attached hereto as Exhibit “S.”
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`44.
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`The Champlin Towers South disaster is used to incite the Blog’s readers and
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`email recipients in another Blog post and mass email dated June 30, 2021, when it suggests that
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`the Board, specifically, Board Member Scott Fortney and Brian Simins are deceiving residents.
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`A true and correct copy of the June 30, 2021, Blog post and mass email is attached hereto as
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`Exhibit “T.”
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`45.
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`The Board of Directors are accused of being dictators in the Blog post and mass
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`email dated July 2, 2021. A true and correct copy of the July 2, 2021, Blog post and mass email
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`is attached hereto as Exhibit “U.”
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`Page 7 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`46.
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`On July 6, 2021, the Blog post and mass email accuses the Association’s
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`community association manager of not having a license. A true and correct copy of the July 6,
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`2021, Blog post and mass email is attached hereto as Exhibit “V.”
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`47.
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`The July 6, 2021, Blog post and mass email also accuses the Board of cancelling
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`needed repairs and wrongfully firing staff. See Exhibit “V.”
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`48.
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`On July 7, 2021, the Blog post and mass email states that:
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`a. Board Member Brian Simins of
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`i. Being a stalker, and
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`ii. Having mental health issues; and,
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`iii. Board Member Olga Vernistkay is perpetrating a fraud on the
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`Association’s membership. A true and correct copy of the July 7,
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`2021, Blog post and mass email is attached hereto as Exhibit “W.”
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`49.
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`The second July 7, 2021, Blog post and mass email promoted a Board Member
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`photograph contest that gives participants the chance to win a $20.00 Publix or Starbucks gift
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`card for photographs showing Members of the Board of Directors committing bad acts. A true
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`and correct copy of the July 7, 2021, Blog post and mass email is attached hereto as Exhibit “X.”
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`50.
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`The photograph contest incited people to follow and harass members of the Board
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`of Directors.
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`51.
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`Blog posts and mass emails dated July 2, 2021 (second Blog post and email of
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`same date), July 6, 2021 (first Blog post and mass email), July 6, 2021 (second Blog post and
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`mass email) and July 7, 2021 published the personal telephone numbers of Board of Directors
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`and encouraged residents to call to harass the members of the Board of Directors. A true and
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`Page 8 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`correct copy of the aforementioned emails are attached hereto as Exhibits, Y, V, Z, and X,
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`respectively.
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`52.
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`The August 12, 2021 Blog post and mass email stated that Board Member Brian
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`Simins:
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`a. Is a liar;
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`b. Holds secret meetings; and,
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`c. Refusing to honor request for inspection of records. A true and correct copy of
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`the August 12, 2021, Blog post and mass email is attached hereto as Exhibit
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`“AA.”
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`53.
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`On September 6, 2021, Defendant Aron Neuman send a letter to the Association
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`demanding reimbursement for locksmith costs because Board Member Brian Simins, would not
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`let him into his unit. A true and correct copy of the September 6, 2021, Blog post and mass email
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`is attached hereto as Exhibit “BB.”
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`54.
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`Defendant Aron Neuman’s demand also included an assertion that Board Member
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`Brian Simins’ behavior of not letting Defendant Aron Neuman into his unit was criminal. See
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`Exhibit “AA.”
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`55.
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`On December 22, 2021, Defendant, Aron Neuman left a voicemail threatening the
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`Board Member Brian Simins, if Mr. Simins did not resign his position on the Board of Directors.
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`56.
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`All conditions precedent to the filing of the lawsuit has been met or otherwise
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`have been waived.
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`Page 9 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`57.
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`As set forth in § 718.303, Fla. Stat., the Association is authorized to bring an
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`action for injunctive relief and damages against the Defendants to redress a violation of the
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`Association’s Declaration.
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`58.
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`The Association has been forced to retain the law firm of Glazer & Sachs, P.A. to
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`maintain this action and is obligated to pay a reasonable fee thereto.
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`59.
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`The Association is entitled to recover her reasonable attorneys’ fees and costs
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`pursuant to Section 718.303, Florida Statutes.
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` COUNT I – INJUNCTIVE RELIEF
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`60.
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`The Association re-alleges and re-avers the allegations contained in numbered
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`paragraphs one (1) through fifty-nine (59) hereinabove, as if fully set forth herein.
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`61.
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`Pursuant to § XVI, (C)(1) of the Association’s Declaration:
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`Each Unit Owner agrees:
`(1) To make no alteration, decoration, repair, or change of the Common
`Elements, or to any outside or exterior portion of the building, whether
`within a Unit or part of the Common Elements.
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`Pursuant to § XIV (A) of the Association’s Declaration:
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`No Member or lessee of any Member shall permit or suffer anything to be
`done or kept upon the Property which will increase the rate of insurance on
`the Property or on the contents thereof or which will obstruct or interfere
`with the rights of other occupants or annoying them by unreasonable noises
`or otherwise nor will there be permitted or committed any nuisance or any
`immoral or illegal act anywhere in or upon the Property.
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`62.
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`63.
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`On December 17, 2021, Defendant, Vladimir Silverstone posted a menacing
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`photograph of Brian Simins, one of the Association’s Board of Directors. A true and correct
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`Page 10 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`copy of the photograph posted by the Defendants on December 17, 2021, is attached hereto as
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`Exhibit “CC.”
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`64.
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`Defendant, Vladimir Silverstone posted the photograph of Board Member Brian
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`Siminis in the office sign holder adjacent to the elevators in the main lobby where the Board of
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`Directors post important notices for residents.
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`65.
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`On December 20, 2021, Defendant, Vladimir Silverstone, in concert with
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`Defendant, Aron Neuman posted photograph of Brian Simins. A true and correct copy of the
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`photograph posted by the Defendants on December 20, 2021, is attached hereto as Exhibit “DD.”
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`66.
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`Defendants, Vladimir Silverstone and Aron Neuman, posted the photograph of
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`Board Member Brian Siminis in the office sign holder adjacent to the elevators in the main lobby
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`where the Board of Directors post important notices for residents.
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`67.
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`The caption on the December 20, 2021 photographs read:
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`Special features: Acts like a lawyer, Racist, White Supremacist, Antisemite,
`Pathological Liar, Thief, Signature Forger, Homeless, Professionally
`Unemployed, Mother’s Abuser, Mentally Unstable, Violent, looks like a
`Terrorist.
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`The caption on the December 20, 2021 photograph directly mirrors the false
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`68.
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`statements posted on the Blog and sent via mass email to the residents.
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`69.
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` The Defendants’ actions of posting photographs on the Common Elements is an
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`alternation and/or decoration of the Common Elements in violation of § XVI, (C)(1) of the
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`Association’s Declaration.
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`70.
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`The Defendants’ actions of posting the photographs is a nuisance to the
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`Condominium in violation of § XIV (A) of the Association’s Declaration.
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`Page 11 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`71.
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`The Defendants’ actions of emailing the 34 Blog posts to owners and/or residents
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`who did solicit or subscribe to the Blog is a nuisance to the Condominium in violation of § XIV
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`(A) of the Association’s Declaration.
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`72.
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`Pursuant to § 718.303, Fla. Stat., the Association is entitled to bring an action
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`against the Defendants for, inter alia, injunctive relief to redress the Defendants’ failure to
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`comply with the Association’s Declaration in this regard.
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`73.
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`The Association is without adequate remedy at law insomuch as a monetary
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`judgment will not make the Association entirely whole to redress the failure of the Defendants to
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`comply with its Declaration and the Condominium Act.
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`74.
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`The Association will suffer irreparable harm should an injunction not issue
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`inasmuch as the Defendants will be permitted to violate the Declaration, when compliance
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`therewith is mandated by Section 718.303, Florida Statutes.
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`75. Moreover, the authorization set forth in § 718.030. Fla. Stat., which authorizes the
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`Association to bring an action for injunctive relief against the Defendants for their violations of
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`the Declaration is a legislative decree that irreparable harm will be suffered if a violation thereof
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`is not enjoined.
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`WHEREFORE, the Plaintiff, Winston Towers 400 Association, Inc., respectfully requests
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`that this Honorable Court enter an injunction to enjoin the Defendants, Vladimir Silverstone and
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`Aron Neuman, from:
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`(1) Violating § XVI, (C)(1) of the Association’s Declaration, by prohibiting the
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`Defendants from altering and/or decorating the Common Elements;
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`Page 12 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
`
`

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`(2) Violating § XIV (A) of the Association’s Declaration, by prohibiting the
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`Defendants from serving as an annoyance to the Condominium and its
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`membership when they post photographs, or any other documents throughout
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`the Condominium on the Common Elements;
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`(3) Violating § XIV (A) of the Association’s Declaration, by prohibiting the
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`Defendants
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`from
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`serving
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`as
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`annoyance
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`to
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`the
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`Condominium and its membership by sending unsolicited emails to the
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`Association’s
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`membership,
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`including
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`the
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`removal
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`of
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`https://wt400recall2021.blogspot.com/
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`and
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`https://us1.campaign-
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`archive.com/home/?u=38b2065d472bdde627506eeed&id=bc1fe8b40a; and,
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`(4) Further violating the Association’s Declaration, and which awards the
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`Association its reasonable attorneys’ fees and costs incurred in this regard,
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`together with such other and further relief deemed just and fit.
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`COUNT II – DEFAMATION PER SE
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`76.
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`The Association re-alleges and re-avers the allegations contained in numbered
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`paragraphs one (1) through fifty-nine (59) hereinabove, as if fully set forth herein.
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`77. With obvious actual malice and deliberate intention to harm, Defendants,
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`Vladimir Silverstone and Aron Neuman, knowingly made, and continue to make, false and
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`inherently defamatory and dangerous statements about the Association, its Board Members, and
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`its vendors/employees to others, including residents of the Condominium.
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`78.
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`As alleged, Defendants, Vladimir Silverstone and Aron Neuman, by mass email,
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`Blog posts, voicemail, and posting photographs on the Common Elements, accused and
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`Page 13 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
`
`
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`

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`continues to accuse the Association’s Board of Directors, its vendors and/or employees of
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`criminal personal conduct, as well as deceit, fraud, and negligence in the Board of Directors’
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`operation of the Association.
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`79.
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`Said accusations inherently subject the Associations and its Board of Directors to
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`(a) distrust, ridicule, contempt, or disgrace; (b) injury; and (c) attribute to the Association and its
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`Board of Directors conduct incompatible with the proper exercise of a lawful business.
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`80.
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`The Association has suffered damages and as a result of Defendant’s accusations,
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`including but not limited to legal fees and other expenses to address same.
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`WHEREFORE, the Plaintiff, Winston Towers 400 Association, Inc., respectfully requests
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`that this Honorable Court enter judgment in its favor and against the Defendants, Vladimir
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`Silverstone and Aron Neuman, and in so doing, award the Association its damages, incurred in
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`this regard, along with pre-judgment and post-judgment interest and the reasonable attorneys’ fees
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`and costs incurred in this regard, together with such other and further relief deemed just and fit.
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`Respectfully submitted this 31st day of January, 2022.
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`GLAZER & SACHS, P.A.
`3113 Stirling Road, Suite 201
`Fort Lauderdale, Florida 33312
`T: (954) 983-1112
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`Email: Richard@condo-laws.com
`Email: Pennie@condo-laws.com
`Email: contact@condo-laws.com
`
`By: /s Pennie S.A. Mays
`RICHARD A. SACHS, ESQ.
`Florida Bar No.: 13935
`PENNIE S.A. MAYS, ESQ.
`Florida Bar No.: 10659
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`Page 14 of 14
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`Glazer & Sachs, P.A.
`3113 Stirling Road, Suite 201 • Fort Lauderdale, FL 33312
`(954) 983-1112 Telephone • (954) 333-3983 Facsimile
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`Instruments, Etc. Governing Condominium
`And Owners of Condominium Parcels.
`{A) Except where permissive variances therefrom appear in this Declaration, the Articles of Incorporation of the
`Association, and the various Instruments and documents referred to herein, and the By-Laws of the Association, which
`By-Laws and Articles of Incorporation are attached hereto and made a part hereof as Exhibit ‘'B”, tagether with any
`fawful amendments to said instruments,
`tha provisions of the Condominium Act,
`including the definitions therein
`— contained, are adopted herein by express reference as if set forth herein in haec verba, and the Condominium Act, and
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`this Declaration, and the Articles of tncorporation and By-Laws of the Association, as lawfully armended from time to
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`time, and the various instruments and documents referred to herein, shall govern this Condominium and the rights,
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`duties and responsibilities of the Qwners of Condominium Parcels therein,
`(B} The term “institutional first mortgagee’ means a bank, or a savings and loan association, or an insurance
`company, or a pension fund, or real estate trust, which owns or holds a first ‘and prior mortgage encumbering a
`Condominium Parcel.
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`{C) The term “institutional first mortgage’’ means a mortgage made by a bank, or a savings and loan association,
`-or an insurance company, or a pension fund, or real estate trust, which is a first and prior mortgage ericumbering a
`Condominium Parcel.
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`Property Exciuded From Condominium Unit. ~
`The Owner of a Unit
`in the Condominium Property shall not be deemed to own the undecorated and/or
`unfinished surfaces of the perimeter walls, floors and ceilings surrounding his Unit, nor shalt said Owner be deemed to
`own supporting columns, pipes, wires, conduits, or other public utility lines running thraugh said Unit, which are
`utilized for or serve more than one (1) Unit, and said items are by this Declaration hereby made a part of the Common
`Elements. Said Owner, however shall be deemed to own the interior walls and partitions which are contained in said
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`floors, ceilings, including plaster, paint, wallpaper, etc., contained in said Unit.
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`Owner's Unit, arid also shall be deemed to own the inner decorated and/or finished surfaces of the perimeter walls,
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`1000 Brickell Ave., 3rd Floor
`Miami, Florida 33131
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`Exhibit "A"
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`_ Beclaration of Condominium of Winston Towers 400 Condominium
`This Instrummant Was P;
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`ROBERT |, WEISSLER PrepaidBye
`_DECLARATIONOF CONDOMINIUM
`1003 DuPont Bultding
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`WINSTON TOWERS aoo0 CONDOMINIUM,|
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`Miami, Florida $3131
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`Submission Statement
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`. Know Al Man By These Presents:
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`‘ That CENTEX HOMES. CORPORATION:a Nevada corporation authorized to transact business in the State of
`: Florida (hereinafter referred to. as the -‘“‘Developer’), the owner of the fee simple title to the property [hereinafter
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`to asthe “Condominium Property”) described in Exhibit “A", attached hereto and made a part hereof, hereby
`‘on and declares the restrictions, reservations, covanants, conditions and easements hereinafter set forth as applicable
`to the property described in said Exhibit “A”, and hereby submits said property. to condominium ownership, pursuant
`to Chapter 711, Florida Statutes, as amended (hereinafter referred to as the “Condominium Act’).
`All restrictions, reservations, covenants, conditions and easements contained herein shall constitute covenants
`running with the Condominium Property or equitable servitudes upon said property, as the case may be, and shall run
`perpetually unless terminated as provided herein, and shall be binding upon all Unit Owners as defined in the
`Condominium Act. Afl grantees, davisees, or mortgagees, their heirs, legal representatives, successors and assigns, and all.
`parties claiming by, through or under said persons, in consideration of receiving and acceptance of a grant, devise, or
`mortgage covering a Unit, agree to be bound by the provisions hereof and the Articles of Incorporation and By-Laws, as
`they exist from time to time, of Winston Towers 400 Association, Inc., a non-profit Florida corporation (hereinafter
`referred to as the Association’), which wi!! be the entity responsible for the operation of the Condominium.
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`Deciaration of Condominium of Winston Towers 400 Condominium 4
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`(E) The name by which the Condominium is identified ls Winston Towers 400 Condominium, a Condominium.
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`idantification Of Buildings And Units,
`(A) The Condominium consists of an apartment building containing 420 Condominium Units, and the apartment
`building contains 23 floors, which floors are designated L for the first floor, M for the second floor, and 3 through 24,
`for the remaining floors, and excludes floor 13; the building also contains on the ground floor a lobby area: there is a
`parking garage, elevators and tenant storage areas; and the Common Elements which are shown on the survey which is
`attached hereto.
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`(B) One or more of the Units within the Condominium |s designated ‘Recreation Area’, This Unit or Units is and
`shall remain the propety of the Developer. It is designated as Unit No. 113. The Recreation Area is retained by the
`Developer and is the subject of a Long-Term Lease which is attached hereto and made a part hereof as Exhibit ‘’D’’.
`The Recreation Area shall be used pursuant to that Long-Term Lease.
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`{C) Unit MO3 is and shall be designated as the Janitor’s apartment. Further reference shall be made to the
`Janitor’s apartment in paragraph V hereof,
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`{D) The improvements hereinabove referred to will be constructed by the Developer on the property covered by
`this Declaration of Condominium.
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`Vv.
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`OQwnership of Common Elements; Comman
`Expenses and CommonSurplus.
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`{4) The undivided interest in and to the Common Elements and/or Common Property which each Unit Owner
`shall: own by reason of his ownership of a Condominium Parcel and/or Unit in the Condominium is set forth in Exhibit
`“E” attached hereto and made a part hereof, which Exhibit ‘'E’ is sometimes called “Percentage of Ownership of
`Common Elements”.
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`Condominium Property, Survey, Namo, Etc..
`together with ail
`(AY The tega! description’ of the Condominium Property is described in Exhibit Han,
`improvements thereon and all easements and rights eppurtenant thereto intended for use In connection with the
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`Condominium.
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`(B) Attachedhereto and made a part hereof is a survey of the Condominium Property, prepared andcertified by
`surveyors, together with a graphic descriptionof the improvements in which the Units are located, which identifies each
`Unit by fetter or number, or both, so that no Unit bears the same designation as any other Unit, and a plot plen
`thereef. The identification, ‘'tocation, dimensions and size of each Unit and the Limited Common Elements and the
`-Common Elements appear thereon. Together with this Déclaration, they are in sufficient detail to identify. the Common
`Elements and .each Unit, their relative locations and approximate dimensions. The attached exhibits, herein referred to,
`contain og sheets and are identified as Exhibit “C".
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`(c) Developer reserves the right to change the interior design and arrangement of all Units as long as Developer.
`owns the Unit so changed and altered, provided such cfiange shall be contained in an amendment of this Declaration,
`and provided, further, that an amendment for such purpose need be executed and acknowledged only by the Developer
`and neeci not be approved by the Association, its Officers, Directors and Members, or Unit Owners, whether or not
`elsewhere required for an amendment to this Declaration.
`(D) Developer reserves the right to alter the boundaries between Units, so long as Developer owns the Units so
`altered; to Increase or decrease the number of Units, and to alter the boundaries of the Common Elements, as long as
`the Developer owns the Units abutting the Common Elements where the boundarles are being altered, provided no such >
`changes shall be made without amendment of this Declaration, and pro