Filing # 174065824 E-Filed 05/26/2023 11:34:03 AM
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`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`GENERAL JURISDICTION DIVISION
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`CASE NO.:
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`TREASURES ON THE BAY MASTER
`ASSOCIATION, INC.,
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`Plaintiff,
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`vs.
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`RAMON A. TAVAREZ; UNKNOWN
`SPOUSE OF RAMON A. TAVAREZ;
`UNKNOWN PARTIES IN POSSESSION #1,
`IF LIVING, AND ALL UNKNOWN PARTIES
`CLAIMING BY, THROUGH, UNDER AND
`AGAINST
`THE
`ABOVE
`NAMED
`DEFENDANT(S) WHO ARE NOT KNOWN
`TO BE DEAD OR ALIVE, WHETHER SAID
`UNKNOWN PARTIES MAY CLAIM AN
`INTEREST AS SPOUSE, HEIRS, DEVISEES,
`GRANTEES, OR OTHER CLAIMANTS;
`UNKNOWN PARTIES IN POSSESSION #2,
`IF LIVING, AND ALL UNKNOWN PARTIES
`CLAIMING BY, THROUGH, UNDER AND
`AGAINST
`THE
`ABOVE
`NAMED
`DEFENDANT(S) WHO ARE NOT KNOWN
`TO BE DEAD OR ALIVE, WHETHER SAID
`UNKNOWN PARTIES MAY CLAIM AN
`INTEREST AS SPOUSE, HEIRS, DEVISEES,
`GRANTEES, OR OTHER CLAIMANTS,
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`Defendants.
`____________________________/
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`COMPLAINT
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`COMES NOW the Plaintiff, TREASURES ON THE BAY MASTER ASSOCIATION, INC.
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`(“Association”), by and through its undersigned counsel, and hereby files this Complaint for
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`Foreclosure against the Defendants, RAMON A. TAVAREZ; UNKNOWN SPOUSE OF RAMON
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`A. TAVAREZ, UNKNOWN PARTIES IN POSSESSION #1, IF LIVING, AND ALL UNKNOWN
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`PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED
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`DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID
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`UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES,
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`GRANTEES, OR OTHER CLAIMANTS(“UNKNOWN PARTY #1); UNKNOWN PARTIES IN
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`POSSESSION #2, IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH,
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`UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN
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`TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN
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`INTEREST AS
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`SPOUSE, HEIRS, DEVISEES, GRANTEES, OR OTHER
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`CLAIMANTS(“UNKNOWN PARTY #2), and alleges:
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`ALL COUNTS
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`1.
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`That the Plaintiff is a Florida corporation, not for profit, organized pursuant to the
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`provisions of Florida Statutes Section 720 et seq., for the purpose of operating Treasures on the Bay
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`Master Association, Inc. pursuant to the Declaration thereof, as recorded in Official Records Book
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`23946 at Page 4567 of the Public Records of Miami-Dade County, Florida, a copy of which is
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`attached hereto as Exhibit “A”.
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`2.
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`That the Defendant(s), Ramon A. Tavarez, is the owner(s) of the following described
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`real property (the “property”) pursuant to a Deed:
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`UNIT 8G, OF TREASURES ON THE BAY II, A CONDOMINIUM
`ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF,
`RECORDED IN OFFICIAL RECORDS BOOK 23946, AT PAGE 4634, OF THE
`PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED
`FROM TIME TO TIME.
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`PROPERTY ADDRESS: 7501 East Treasure Drive Unit 8G, North Bay
`Village, FL 33141
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`3. By virtue of such ownership of the above-referenced property, Ramon A. Tavarez, is a
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`member of the Plaintiff Association. Title to said Property is held subject to all the terms and
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`2
`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`provisions of the Declaration and the recorded By-Laws of Treasures on the Bay Master Association,
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`Inc.
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`COUNT I
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`That the Plaintiff repeats and realleges each and every allegation set forth in Paragraphs 1
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`through 3 above and further alleges:
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`4.
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`That this is an action to foreclose a lien against said real property pursuant to the
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`Declaration and Florida Statutes Section 720.3085.
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`5.
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`That the Plaintiff is entitled to relief against the Defendant(s) based upon the following
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`set of facts:
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`(a) That the Plaintiff Association has, pursuant to the Declaration and Florida
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`Statutes Section 720.3085 et seq., made assessments against said real property and said
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`Defendant, and said assessments have become due while said Defendant owned the real
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`property. In addition, late fees and interest at the rate of 18% per annum have accrued
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`thereon, pursuant to the Declaration and Florida Statutes Section 720.3085(5).
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`(b) That the Plaintiff has caused its lien to be filed, pursuant to Florida Statutes
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`Section 720.3085, for the aforesaid assessments in the amount of $1,427.40, plus interest,
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`attorney's fees and costs. Said lien is recorded in Official Records Book 33643, at Page 616,
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`of the Public Records of Miami-Dade County, Florida, and said lien is for the purpose of
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`securing payment to the Plaintiff Association of the above-mentioned delinquent
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`assessments, late fees, interest, attorney's fees and costs accrued thereon to date of payment,
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`a copy of said lien being attached hereto as Exhibit “B”.
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`(c) That additional assessments and late fees have become due, or will become due,
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`subsequent to the recording of Plaintiff's above-mentioned Claim of Lien and said Defendant
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`3
`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`is obligated to pay these additional assessments to Plaintiff pursuant to Florida Statutes
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`Section 720.3085(5) and the involved Declaration.
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`(d) That the Plaintiff is entitled to the appointment of a receiver to collect the rent
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`for the subject unit if the unit is rented or leased during the pendency of the foreclosure action
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`pursuant to Florida Statutes Section 720.3085(5) and the involved Declaration.
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`(e) That the Plaintiff is entitled to a reasonable rental for the subject real property if
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`the Defendant, Ramon A. Tavarez, is in possession of the real property after a foreclosure
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`judgment has been entered pursuant to Florida Statutes Section 720.3085(5) and the involved
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`Declaration.
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`6. On November 17, 2022, the Association mailed its thirty (30) Day Notice of Late
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`Assessment pursuant to Florida Statutes Section 720.3085(2). A true and correct copy of the
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`Association’s thirty (30) Day Notice of Late Assessment and Affidavit of Mailing is attached hereto
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`and incorporated herein as Exhibit “C”
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`7.
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`That the Plaintiff sent its Notice of Intent to Lien to the Defendant(s), Ramon A.
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`Tavarez, pursuant to Florida Statute 720.3085(5), a copy of said notice being attached hereto as
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`Exhibit “D”.
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`8.
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`That Plaintiff sent its Notice of Intention to Foreclose upon the lien to the Defendant(s),
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`Ramon A. Tavarez, pursuant to Florida Statute 720.3085(5), a copy of said notice being attached
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`hereto as Exhibit “E”.
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`9.
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`That as a direct result of the Defendant’s failure to pay said assessments as they fell
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`due, the Plaintiff has been forced to retain legal counsel and to pay said counsel a reasonable fee for
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`services incurred herein and said amount is recoverable from said Defendant pursuant to Florida
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`Statutes Section 720.3085(5) and the involved Declaration.
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`4
`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`10. The Defendant, UNKNOWN SPOUSE OF RAMON A. TAVAREZ, may claim to have
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`some right or interest in the property herein sought to be foreclosed, which right or interest, if any,
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`is subordinate, inferior and subject to Plaintiff’s Claim of Lien.
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`11. The Defendant, UNKNOWN PARTY #1, may claim to have some right or interest in
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`the property herein sought to be foreclosed, which right or interest, if any, is subordinate, inferior
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`and subject to Plaintiff’s Claim of Lien.
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`12. The Defendant, UNKNOWN PARTY #2, may claim to have some right or interest in
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`the property herein sought to be foreclosed, which right or interest, if any, is subordinate, inferior
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`and subject to Plaintiff’s Claim of Lien.
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`WHEREFORE the Plaintiff prays that this Court enter its Final Judgment against the
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`Defendants foreclosing the Plaintiff's Claim of Lien, plus any and all regular and special assessments
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`coming due after the date of recording said lien, together with costs, interest, late fees and reasonable
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`attorney's fees and that this Court, in addition, adjudge that the Plaintiff has a lien upon all singular
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`lands, premises and improvements described herein, superior to any right, title, claim or interest of
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`the Defendants for the amount adjudged to be due and owing from Defendant Ramon A. Tavarez to
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`Plaintiff, and in the event the same is adjudged to be due, and the Plaintiff be not paid within the time
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`limits set by this Court, that said property be sold according to law to satisfy the Final Judgment, and
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`should a deficiency arise, that the Plaintiff be granted a judgment for such amount against the
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`Defendant who is obligated to pay the judgment.
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`COUNT II
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`That the Plaintiff repeats and realleges each and every allegation set forth in Paragraphs 1
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`through 3 above and further alleges:
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`5
`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`13. That the Defendant, Ramon A. Tavarez, pursuant to Florida Statutes Section 720.3085
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`et seq., and the involved Declaration (Exhibit “A”), is obligated to pay to Plaintiff maintenance
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`assessments and special assessments which are assessed by Plaintiff against the subject property
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`herein.
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`14. Defendant, Ramon A. Tavarez, pursuant to Florida Statutes Section 720.3085 et seq.,
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`and the involved Declaration (Exhibit “A”), is obligated to pay to Plaintiff late fees and interest on
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`maintenance assessments and special assessments which are assessed against the subject property
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`herein and which are not paid on or before the due dates for said assessments.
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`15. Defendant, Ramon A. Tavarez has failed and refused to pay assessments, late fees,
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`interest, and attorneys’ fees thereon, which have been assessed against the subject property herein in
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`the principal amount of $2,028.95 through May 25, 2023. In addition, this sum continues to accrue
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`in the amount of $152.75 for maintenance beginning June 1, 2023, plus the amount of $25.00 per
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`month for late fees, with interest on said amounts accruing at the rate of 18% per annum.
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`16. That as a direct result of said Defendant Ramon A. Tavarez’s failure to pay said amounts
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`as they fell due, the Plaintiff has been forced to retain legal counsel and to pay said counsel a
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`reasonable fee for services incurred herein and said amount is recoverable from said Defendant
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`pursuant to Florida Statutes Section 720.3085 and the involved Declaration.
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`WHEREFORE the Plaintiff prays for the entry of a judgment for damages against the
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`Defendant, Ramon A. Tavarez, Unknown Spouse of Ramon A. Tavarez, Unknown Party #1 and
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`Unknown Party #2, plus pre-judgment interest on a liquidated sum, costs and reasonable attorney's
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`fees.
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`Respectfully submitted,
`GURSKY RAGAN, P.A.
`2 South Biscayne Boulevard, Suite 3570
`Miami, Florida 33131
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`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`Telephone: (786)369-8879
`Facsimile: (305)405-7104
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` By: /s/Kyle Alonso
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`DARRIN GURSKY
`Florida Bar No.: 0606251
`MARNIE DALE RAGAN
`Florida Bar No.: 469262
`KYLE ALONSO
`Florida Bar No.: 123478
`E-Mail: Kyle@grcondolaw.com
`Alt. E-Mail: foreclosures@grcondolaw.com
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`7
`Gursky Ragan, P.A. 2 S. Biscayne Boulevard, Suite 3570, Miami, Florida 33131 (786) 369-8879
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`Exhibit “A”
`Exhibit “A”
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`This instrument was prepared by:
`Joseph Mancilla, Esq.
`Becker & Poliakoff, P.A.
`341 Stirling Road
`Fort Lauderdale, Florida 33312
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`UFRRAUT EVO)GURU ACURA SEQ RTT HON
`CFN 2005R1167424
`DR Bk 22948 Fos 4567 - $6327 (47095)
`RECORDED £1/09/2005 12536225
`HARVEY RUVIH, CLERK DF CART
`MIAMI-DADE COUNTYe FLGRIDA
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`DECLARATION OF MASTER ASSOCIATION
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`COVENANTS, EASEMENTS AND RESTRICTIONS
`FOR
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`‘FREASURES ON THE BAY
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`THIS DECLARATION 38 MADE THIS 46 DAY OF SafleinB560s, by
`rca
`a a we
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`KMCI/ECIL, LLC, a Delaware limited liability company (“the Developer”).
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`WITNESSETH:
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`Whereas, Developeris the owner in fee simple of the real property described on Exhibit
`“A”attached hereto and made a part hereof (‘Committed Property” or The “Properties”), which
`shall be known as Treasures on the Bay, (“Treasures on the Bay"), and;
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`Whereas, Developer intends to develop a portion of the Committed Property as The
`Treasures on the Bay complex subject to the Conditions, Restrictions, Easements, Changes and
`Liens hereinafter set forth in; and
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`Whereas, Developer desires to committhe Properties to the provision of these Covenants,
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`and
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`Whereas, Developer desires to provide for the preservation of the values and amenities of
`Treasures on the Bay as are hereby or as maybe hereinafter established.
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`NOW, THEREFORE, Developer hereby declares that The Properties are and shall be
`held, transferred, sold, conveyed, used and occupted subject to the Covenants and Restrictions.
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`ARTICLE }
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`DEFINITIONS
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`The following words when used in this Declaration (unless the context shail prohibit)
`shall have the following meanings:
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`"Architectural Review Board" or “ARB" shall mean andrefer to the board
`Section |.1.
`being the entity responsible for the enforcement of development review, and architectural control
`ofTreasures on the Bay Complex , as moreparticularly set forth in Article X of this Declaration.
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`“Articles" shai! mean and refer to the Articles of Incorporation of the
`Section 1.2.
`Master Association asfiled with the Secretary of State of Florida, as amended from time to time.
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`shall mean and refer
`"By-Laws"
`Section {.3.
`Association, as amended from timeto time.
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`to
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`the By-Laws of the Master
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`“Common Areas” or “Common Properties’ shall mean all Committed
`Section 1.4.
`Property located within the Treasures on the Bay Complex which is designed and intended for
`the common, non-exclusive use of the Owners {also as hereinafter defined), including but not
`limited to those areas designated as common areas and recreation area(s} on Exhibit “B" attached
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`871406_2.DOC “Xx
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`tn the
`Subject thereto thirty (30) days prior to payment, except as to emergency assessments.
`event no such notice of a new assessment period is given, the assessment amount payable shall
`continue to be the same as the amount payable for the previous period, unti! changed in the
`mannerprovided for herein.
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`The Master Association shall upon demandat any time furnish to any Owner liable for an
`assessment a certificate in writing signed by an officer of the Master Association setting forth
`whether such assessment has been paid as to any particular Lot or Unit. Such certificate shall be
`conciusive evidence of payment of any assessment to the Master Association therein stated to
`have been paid, The Master Association shall have the option, in its sole discretion, to impose a
`fee of Fifteen ($15.00) Dollars, or such other amount as determined by the Master Association,
`not to exceed any maximum amount provided by law,to issue said certificate of assessrnent. The
`fee so imposed shall be paid prior to the release ofany certificate of assessment.
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`Section 6.10. Effect of Non-Payment of Assessment;the Personal Obligation: the Lien;
`Remedies of the Master Association,
`If the installments of an assessment are not paid on the
`dates when due (being the dates specified herein), then such installments shall become delinquent
`and shall, together with late charges, interest and the cost of callection thereof as hereinafter
`provided, thereupon become a continuing liet on the appropriate Let or Unit, which shall bind
`such Lot or Unit, in the hands of the then Owner, his heixs, personal representatives, successors
`and assigns. Except as provided in Section 6.11 of this Article Vi, the personal obligation of the
`then Ownerto pay such assessment shall pass to his successors in interest and recourse may be
`had against either or both.
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`if any installment of an assessmentis not paid within fifteen (15) days after the due date,
`at the option of the Master Association, a late charge per installment, of $25.00, or the maximum
`amount provided by law, in an amount not greater than the amount of such unpaid instal/ment,
`may be imposed (provided that only one late charge may be imposed on any one unpaid
`installment and if such installment is not paid thereafter,
`it and the late charge shal! accrue
`interest as provided herein but shall not be subject to additional late charges, provided further,
`however, that each other installment thereafter coming due shal! be subject to one late charge as
`aforesaid) or the remainder of insiallments of the annual assessment may be accelerated and
`become immediately due and payable in full, and all sums due shall bear interest from the dates
`when due until paid at the highest lawful rate (or, if there is no highest lawful rate, 18% per
`azinnm) and the Master Association may bring an action at law against the Owner(s) personally
`obligated to pay the same or may record 2 claim of lien (as evidence ofits lien rights as
`hereinabove provided for) against the property on which the assessments and late charges are
`unpaid, or may foreclose the lien against the property on which the assessments and late charges
`are unpaid, or pursue one or more of such remedies at the same time or consecutively, and
`attorneys’ fees and costs, of, including but not limited to, preparing and filing the claim of lien
`and the complaint (if any) in such action, and in prosecuting same,shail be added to the amount
`of such assessments, interest and late charges, and in the event a judgment is obtained, such
`judgment shal! include all such sums as above provided and attorneys’ fees actually incurred in
`the applicable action together with the costs of the action, and the Master Association shal! be
`entitled to attorneys’ fees in connection with any appeal ofany such action.
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`In the case of an accoleration of the remainder of instaliments of the annua? assessment,
`each installment so accelerated shall be deemed,initially, equal to the amount ofthe then most
`current delinquent installment, provided that if any such installment so accelerated would have
`been greater in amount by reason of a subsequentincrease in the applicable budget, the Owner of
`the Lot or Unit whoseinstallments were so accelerated shalf continue to be liable for the balance
`due and payable by reason of such an increase and special assessments against such Lot or Unit
`shall be levied by the Master Association for such purpose.
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`in addition to the rights of collection of assessments stated in this Section, any and ail
`persons acquinng the title to or the interest in 2 Lot or Unit as to which the assessment is
`delinquent, including, without Iimitation, persons acquiring title by operation of law and by
`judicial sale, shail not be entitled to the occupancy of such Lot or Unit or the enjoyment of the
`CommonAreas until such time as all unpaid and delinquent assessments due and owing from the
`prior Owner have been fully paid, and no sale or other disposition of a Lot or Unit shall be
`permitted until an estoppel
`letter is received from the Master Association acknowledging
`payment in full of aj] assessments and other sums due; provided, however, that the provisions of
`Master Covenants, Easements and Restrictions
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`this sentence shall not be applicable to the martgagees and purchasers contemplated by Section
`6.11 of this Article.
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`it shall be the legal duty and
`Unless delegated to & Condominium Association,
`responsibility of the Master Association to enforce payment of the assessments hereunder.
`Failure of a collecting entity to send or deliver bills or notices of assessments shall not, however,
`relieve Owners from their obligations hereunder.
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`All assessments, late charges, interest, penalties, fines, attorneys’ fees and other sums
`provided for herein shai) accrue to the benefit of the Master Association.
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`Owners shall be obligated to deliver the documents originally received fram Developer,
`containing this and other declarations and documents, to any grantee of such Owners.
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`The Master Association shal] have such other remedies for collection and enforcement of
`assessments as may be permitted by applicable law, All remedies are intended to be, and shall
`be, cumulative.
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`Section 6.11, Suberdipation of the Lien. The lien of the assessment provided for in this
`Article shall be subordinate to real property tax liens, and to the lien of any first mortgage
`recorded in the Public Records of Miami-Dade County, Florida prior to recordation of a claim of
`lien, filed by or on behalf of the Master Association, which mortgage encumbers any Lot or"Unit
`and is in favor of any institutional lender or is otherwise insured by FNMA or FHLMCandis
`now orhereafter placed upon @ portion ofThe Properties subject to assessment.
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`A lien for assessments shall not be affected by any sale or transfer of a Lot or Unit;
`provided, however, that in the event of a sale or transfer pursuant to a foreclosure of a first
`mortgage, or a deed in lieu of foreclosure ofa first mortgage, the acquirer oftitle, his successors
`and assigns, shall not be liable for assessments pertaining to the Lot or Unit or chargeable to the
`former Owner of the Lot or Unit which became due prior to such sale or transfer. Any such sale
`or transfer pursuantto a foreclosure or deed jn Sieu of foreclosure shall not relieve the Purchaser
`or Transferee of a Lot or Unit from fiability for, nor the Lot or Unit from the lien of} any
`assessments made thereafter. Nothing herein contained shall be construed as releasing the party
`liable for any delinquent assessments from the paymentthereof, or the enforcement of callection
`by means other than foreclosure.
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`The order ofpriority of tiens hereunder shall be: tax liens, first mortgage liens, liens for
`Master Association assessments, and liens for other Condominium Association assessments. Any
`unpaid assessment which cannot becollected as a lien against any Lot or Unit by reason of the
`provisions of this Section 6.11 shall be deemed to be an assessment divided among, payable by
`Owners of, and a lien against, all Lots and Units as provided in Section 6.1 of this Article VI,
`including the Lot or Unit as to which the foreclosure (or conveyancein lieu of foreclosure) took
`place.
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`Section 6.12. Collection of Assessments. The Master Association shall collect all
`assessments payable by the Owners pursuant to this Article,
`Each Owner will remit
`the
`assessments to the Master Association made pursuant to this Declaration pursuant
`to such
`procedure as may be adapted by the Master Association.
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`The Master Association shal} have the right, but not the obligation, to delegate collection
`of the Master Association Assessments from Units to a Condominium Association having
`jurisdiction over those Units.
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`In the event that the assessments received by each Condominium Association foritself
`and for the Master Association are received in a Jump sum and such sum is less than sufficient to
`pay both entities, the amount collected shail be applied first to the assessments of the Master
`Association, and then to those of the Condominium Association (the Master Association to be
`paid in full before the Condominium Association is paid). All capital improvement assessments,
`special assessments,
`fines,
`interest,
`late charges,
`recovered costs of coflection and other
`extraordinary impositions shall be remitted to the respective entity imposing same separate and
`apart from the priorities established above.
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`Master Covenants, Easements and Restrictions
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`The Master Association shall notify each Member, by written notice given at least thirty
`(30) days in advance, of any changes in the amounts of the assessments duceit or the frequencyat
`which they are to be collected. The aforesaid notice period shall also apply to capital
`improvement assessments, but may be as short as five (5) days before the next-due regular
`assessment installment in the case of special assessments,fines and similar impositions on fewer
`than ail Members or Owners.
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`The Master Association and each Condominium Association shall have the power, but
`shall not be required, to record liens or take any other actions with regard to delinquencies in
`assessments payable to the Master Association.
`In the event that the Condominium Association
`does so, then all rights of enforcement provided in Articles VI and IX hereof shalf be deemed to
`have automatically vested in the Condominium Association, as applicable, but all costs and
`expenses of exercising such rights shall nevertheless be paid by the Master Association (which
`shall be entitled to receive payment of any such costs and expenses which are ultimately
`Tecovered).
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`The Master Association may change, from time to time, upon sixty (60) days’ prior
`written notice to the Members, the proceduresset forth in this Section 6.12 in whole or in part.
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`All fidelity bonds and insurance maintained by the Master Association shall reflect any
`duties to be performed by it pursuant hereto and the amounts to be received and disbursed by it
`pursuant to such delegation and shall name all applicable Condominium Association(s) as
`obligees/insured parties for so Jong as their assessments are being collected and remitted by the
`Master Association.
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`The Master Association may delegate any duties delegated to it pursuant hereto to the
`Condominium Associations or to a management company.
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`In the event of any change in assessment collection procedures elected to be made by the
`Master Assaciation, the relative priorities of assessment remittances and liens (i.c., the Master
`Association first and the Condominium Association second) shail still remain in effect, as shalt
`the Master Association's ability to modify or revokeits election from time to time.
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`Assessments levied pursuant hereto and pursuant to the applicable Declarations for the
`Condominium Associations shall be collected in the manner established pursuantto this Article
`VI.
`in the event that at any time said manner provides for collection of assessments levied
`pursuant hereto by an entity other than the Master Association,all references herein to collection
`(but not necessarily enforcement) by the Master Association shalt be deemed to refer to the other
`entity performing such collection duties and the obligations of Owners to pay assessments shall
`be satisfied by making such paymentsto the applicable collecting entity.
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`Effect_on Developer. Notwithstanding any provision that may be
`Section 6.13.
`contained to the contrary in this instrument, for so long as Developeris the owner of any Lot or
`Unit within The Properties, Developer shall have the option, in its sole discretion, to (i) pay
`assessments on the Lots or Units owned by it, (ii) pay assessments only on certain designated
`Lots or Units (e.g.,
`those under constriction or those Lots containing a Unit for which a
`certificate of occupancy has been issued) or(iii) not paying assessments of any Lots or Units and
`in lieu thereof funding any resulting deficit in the Master Association's operating expenses not
`produced by assessments receivable from Owners other than Developer. The Deficit to be paid
`under option (iii), above, shall be the difference between (i) actual operating expenses ofthe
`Master Association (exclusive of capital improvement costs, reserves and management fees) and
`{ii) the surn of all monies receivable by the Master Association (including, without limitation,
`assessments, interest, late charges, fines and incidental income) and any surplus carried forward
`from the preceding year(s). Developer may from time to time change the option stated above
`under which Developer is making payments to the Master Association by written notice to such
`effect to the Master Association.
`[f Developer at any time elects option (ii) above, it shall not be
`deemed to haveelected option(iii) as to the Lots or Units which are not designated under option
`(ii). When all Lots and Units within The Properties are sold and conveyed to purchasers,
`Developer shall have no furtherliability of any kind to the Master Association for the payment of
`assessments, deficits or contributions.
`
`Section 6.14. Master Association Funds. The portionofall regular assessments collected
`Master Covenzais, Easements and Restrictions
`
`

`

`Exhibit “B”
`Exhibit “B”
`
`

`

`2
`
`THIS INSTRUMENTPREPAREDBY.
`Kyle Alonso, Esq.
`Gursky Ragan, P.A.
`2 S. Biscayne Blvd., Suite 3570
`Miami, Florida 33132
`
`LEEUIEATA
`
`CrN SOV SRO2Z1LOS45
`BRIG fe AsHE
`CORDED Wa/29 72093
`(USseyens
`LUIS &. MONTAL DOs CLERK aD INTERLN
`MIAMI-DADE COUNTY»: FL
`
`CLAIM OF LIEN
`
`KNOW ALL MEN BY THESE PRESENTS THAT: Treasures on the Bay Master Association, Inc., a Florida
`Corporation not-for-profit, whose post office address is 1900 South Treasure Drive North Bay Village, FL, 33141, claims
`this lien against the following property:
`
`Unit 8G, of Treasures on the Bay II, a Condominium according to the Declaration of Condominium
`thereof, recorded in Official Records Book 23946, at Page 4634, ofthe Public Records ofMiami-Dade
`County, Florida, as amendedfrom timeto time.
`
`The total amount of assessments, late fees and interest due is $1,427.40, as follows:
`
`June |, 2022 through February 10, 2023
`
`Plus unpaid assessments coming duethereafter, with interest at the rate of (18%) percent per annum andlatefees, if any,
`from the dates due, less all payments received. Additionally, this Claim of Lien secures interest, late fees, costs and
`reasonable attorneys’ fees incurred by the Association pursuantto, and as provided in, the recorded governing documents
`for the Association. Further this lien secures all assessments coming due, less any payments received since the date of
`the initial delinquency. For estoppel information or a payoff figure, please contact Gursky Ragan, P.A.
`
`The ownerofsaid parcel is: Ramon A. Tavarez.
`
`IN WITNESS WHEREOF, ASSOCIATIONhascaused his Claim of Lien to be executed on February 10, 2023.
`
`Treasures on the Bay Master Association,Inc.
`
`WITNESSES:
`
`Print Name:
`Sign Name:
`Print Name:
`
` Sign Name:
`
`By:
`:
`Print Name:
`as Attorney and Agent of Treasures on the Bay Master
`Association, Inc.
`
`ss:
`
`) )
`
`STATE OF FLORIDA
`
`COUNTY OF MIAMI-DADE
`
`)
`
`BEFOREME, the undersignedauthority, personally appeared Kyle Alonse-as_4
`
`before methis \ ()__
`day of February, 2023 that he executed the above Cla
`
`said corporation and that the sameis the free act and deed of said corporatigf
`
`
`Orney and Agent of Treasures
`onthe Bay MasterAssociation, Inc., who ispersonallyknownto me, whoopts
`oath and who acknowledged
`
`such Attorney and Agent of
`
`MyCommissionExpires:
`/ib <<)
`
`
`
`Print Name:VLAntiuowe447
`
`NOTARY PUBLIC, State of Florida
`
`
`DARRIN GURSKY
`pee.
`fa
`7; Notary Public - State of Florida
`BN
`“fi
`Commission # HH 016150
`“ORAS My Comm. Expires Jui 20, 2024
`
`Bonded through National Notary Assn.
`
`Book33643/Page616
`
`CFN#20230210545
`
`Page 1 of 1
`
`

`

`Exhibit “C”
`Exhibit “C”
`
`

`

`Treasures On The Bay Master Assoc.
`c/o KW Property Management and Consulting LLC
`8200 NW 33rd Street, Suite 300
`Miami FL 33122
`
`11/17/2022 via First-Class United States Mail
`
`
`Ramon A Tavarez
`7501 E Treasure Dr.#8G
`North Bay Villa, FL 33141
`
`
`
`
`
`
`
`
`
`
`
`
`
`RE: NOTICE OF LATE ASSESSMENTS FOR 7501 E Treasure Dr.#8G
`DELINQUENT AMOUNT: $1,005.09
`
`Dear Unit Owner,
`
`
`
`
`
`
`
` Account 226815
`
`The following amounts are currently due on your account to Treasures On The Bay Master Assoc., and must be paid within 30 days of the date of this letter. This letter shall serve
`ection action against your property no sooner than 30 days of the date of this letter, unless you pay in full the
`
`amounts set forth below:
`06/01/2022 Maintenance 128.28
`06/08/2022 CP NSF 20.00
`06/08/2022 Return Admin Fee 25.00
`06/15/2022 Interest 1.92
`06/15/2022 Late Fees 25.00
`07/01/2022 Maintenance 128.28
`07/15/2022 Interest 3.85
`07/15/2022 Late Fees 25.00
`08/01/2022 Maintenance 128.28
`08/15/2022 Interest 5.77
`08/15/2022 Late Fees 25.00
`09/01/2022 Maintenance 128.28
`09/15/2022 Interest 7.70
`09/15/2022 Late Fees 25.00
`10/01/2022 Maintenance 128.28
`10/17/2022 Interest 9.62
`10/17/2022 Late Fees 25.00
`11/01/2022 Maintenance 128.28
`11/15/2022 Interest 11.55
`11/15/2022 Late Fees 25.00
`____________
`1,005.09
`
`
`
`
`Interest 40.41
`Late Fees 150.00
`Monthly Maintenance 769.68
`Return Item Fee 20.00
`Return Admin Fee 25.00
`____________
`1,005.09
`
`
`
`
`Int