Filing # 32549150 E-Filed 09/28/2015 11:54:24 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT *\ IN AND FOR MIAMI DADE COUNTY, FLORIDA Matilde Fainstein a.k.a. Matilde Zaidenweber | — Civil Division aka. Matilde Zeidenweber, ‘ Case No. Plaintiff, Champlain Towers South Condominium Association, Inc., Defendant. (COMPLAINT FOR DAMAGES COMES NOW Plaintiff, by and through the undersigned, hereby sue Champlain Towers South Condominium Association, Inc. (hereafter referred to as Defendant) and allege: 1. _ This is an action for damages which exceed $15,000.00, exclusive of interest, costs, and attomeys’ fees. At all material times, Plaintiff was and is a resident of the county of this Court and otherwise sui juris, At all material times, Defendant was and is incorporated under the laws of the State of Florida. 4, Plaintiff resides at: 8777 Collins Ave, Unit 112, Surfside, FL 33154 (hereinafter referred to as “Property”. 5. Defendant is the Condominium Association of the Property. 6. Both Defendant and Plaintiff are bound by the rights and obligations controlled by the Defendant's governing documents found in the Declaration of Condominium of ChamplainTowers South Condominium, By-Laws, Rules and Regulations and Amendments thereto (hereinafter referred to as DCO) 7. Under the terms of the DCO, “the Association shall maintain, repair and replace at the Associations own expense: (1) All common elements and limited common elements; (3) all portions of the units..contribuling to the support of the building, which portions shall include...the outside walls of the building and toad-bearing columns”. See Certificate of Amendment to the Declaration of Condominium of the Champlain Towers South Condominium, Paragraph 3(a)(1)&(3), attached hereto as Exhibit * 8 On or about September 14, 2014, Plaintiff suffered a loss- wherein: water entered into the Property through the cracks in the outside wall of the building adjoining to the Defendant’s ‘common element terrace causing damage to the Property (hereinafter referred to as the “Loss”). 9. Plaintiff and Defendant previously litigated this exact issue; where Defendant was found liable; which case bears case number 01-26634 CA 22 in Miami Dade Circuit Court; and Plaintiff requests this Court to take Judicial Notice of same pursuant to Fla. Stat. 90,202(6). A copy of the Stipulation of Settlement is attached hereto as Exhibit “B.” Count I; sach of Contract: Failure to Maintain Common Elements (Plaintiff re-alleges and incorporates Number 1-9 as if fully set forth herein) 10. Despite Defendant's obligation under the DCO, Defendant has failed to maintain the common elements and the outside walls of the building. 11. Therefore, Defendant has breached its’ obligations under the DCO by failing to maintain the common elements as required by the DCO.12, Asa direct and proximate result of Defendant's breach, Plaintiff has sustained damages for which Plaintiff is entitled to be indemnified against, and which were payable to or on, behalf of Plaintiff in connection with the Loss. i 13. All conditions precedent to the filing of this lawsuit have been met or otherwise waived. 14, Plaintiff has been obligated to engage the undersigned attomeys for the prosecution of this action and as such, requests an award of reasonable attorney's fees and costs against the Defendant. WHEREFORE Plaintiff hereby sues Defendant for damages which exceed $15,000.00, plus statutory interest pursuant to Fla Stat. § 627.70131(5) (a); an award of reasonable attorneys’ fees and costs pursuant to Fla Stat. § 718.303; and any other relief the Court deems just and proper. Count Il: Breach of Contract: Failure to Repair Common Elements & Outside Walls of the Building (Plaintiff re-alleges and incorporates Number 1-8 as if fully set forth herein) 15. Despite being duly notified of the Loss, Defendant failed to repair or negligently repaired the common elements and the outside walls of the building pertaining to the Property. 16. Therefore, Defendant has breached its responsibilities under the DCO by failing to make tepairs as required by the DCO. 17, Alternatively, if Defendant has made repairs, the repairs were not made pursuant to generally acceptable industry standards (i.e, in a workmanlike manner) and thus, have not rectified the underlying issue(s). 18. As a direct and proximate result of Defendant's breach, Plaintiff has sustained damages for which Plaintiff is entitled to be indemnified against, and which were payable to or on behalf of Plaintiff in connection with the Loss. 19. All conditions precedent to the filing of this lawsuit have been met or otherwise waived.20. Plaintiff has been obligated to engage the undersigned attomeys for the prosecution of this action and as such, requests an award of reasonable attorney's fees and costs against the Defendant. : WHEREFORE Plaintiff hereby sues Defendant for damages which exceed $15,000.00, plus statutory interest pursuant to Fla Stat. § 627.70131(5) (a); an award of reasonable attorneys" fees and costs pursuant to Fla Stat. § 718.303; and any other relief the Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY OF ALL ISSUES AND ALL COUNTS PLEAD HEREIN TRIABLE AS A MATTER OF RIGHT BY A JURY AND FURTHER REQUESTS ANY OTHER RELIEF DEEMED JUST AND PROPER. WAGNER & ASSOCIATES — THE LAW FIRM Attorneys for the Plaintiffs 20137 NE 16 Place Miami, Florida 33179 Tel; (305) 919-7788 Email: Daniel@danielwaynerlow.com olya@danielwagnerls ‘DANIEL WAGNER, ESQ. FLORIDA BAR NO.: 29788EXHIBIT AUHI UU EOD VE EEE A AY . CFN 2010R0419466 OR Bk 27328 Pas 0767 ~ 7693 (Seas) RECORDED 06/22/2010 11705320 HARVEY RUVIN® CLERK OF COURT MEARI-DADE COUNTY» FLORIDA (CRRTIPCATE OF AMENDUREITT TO THE DECLARATION OF CONDOMINIUM ‘OF THR CHAMPLAIMI TOWERS SOUTH CONDOMINIAA Le THIS CERTIACATE OF AMEMDMMBNT Is executed this {\“dayor uw <__, 201 A SE Sa en cme af recorded In ofa Rocorse BOOK 11101, Page BS ofthe PUD ROGTUS OF Mlamote cee Nea ‘all amendments and exhibits attached thereto (the “Declaration. a e (WHEREAS, In aocordance with Section B of Article 15 of the Declaration, the proposed amendments to Sections A and B of Article & of the Deciaration were appraved by the affirmative Voto Of shtyaix and two-thirds (66 2/896) percent of the entire Board and at least fifty-one (S190 percent of the members OF the Association at a duly noticed meeting of the Board of Directors and at a Guly noticed Reoanvened Annual Meeting of the Members held on the 27° oF day of April, 2010, at which 9 quorum of ‘fhe Members was attained In person and by Limited Proxy and at which’a quorum oF birsttors wes NOW, THEREFORE, the Association does hereby state the following: 1. The above Recitals are true and correct and are Incorporated herein by referenca, 2 New Language is indicated by underscored type. Deleted Language Is incleated by etruct-through 3 The Section A oF Article § of the Declaration entitied “By the Association" Is hereby amended as follows: A. BY the Assotiation. The Association shall maintain, repair and ‘replace at the Association's own emense: (1) Allcommon elements and limited common elements. @ __All airconditioning and heating systems and equipment Individual condominium Units serving the common elements. fa ___All portions oF the units (except interior wall surfaces) contributing to the support of the buliding, wnich portions shall Include, Dut not be limited to, the outside walls oF the bullding, and oac-bearing| colurnns, (All condults, duets, plumbing, wiring and other facilties for {the furnishing of utility services which are contalned In the portions of the unit contributing to the support of the bullging or within Intertor boundary wals, and ai such faclities contained within a unit which service Dart or parts OF the Condominlus-other-than-the-unit tthe wiles contatnedt mn {common elements. {5 ___ All Incidental damage caused to a unit by such work stall be romptiy repaired at the expense of the Association, 4 The Section 8 of Article 8 of the Dectaration entitied “BY the Condominium Parcel Owner” | hereby amended as follows: Page 10f 8 Book27328/Page767 CFN#20100419466 Page 1 of 3B. By the Condominium Parcel Owner, The responsibilty of the ‘condominium parcel owner shall be as follows: (To maintain, repair and repiace at his expense ail portions of the unit except the portions to be maintained, repaired and replaced by ‘the Association. Inclucled within the responsiblity of the unit owner shall ‘be windows, screens and doors opening into or onto his unt, sliding glass ‘doors and piate glass. all such maintenancs, repairs and replacements shalt ‘be done without disturbing the rights of other unft owners. @ __ within the unit or excusively serving the unit to maintaln, ‘repair and replace at his expense al fans and alr conditioning and heating equipment_and fixtures, stove, refrigerator, or other appliances or equipment, incliding any fixture andior their connections required to provide water, light, power, telephone, sewage, and sanitary service to his Condominium unit. The floor and interior walls of any balcony attached to ‘condominium units shall be maintained by the condominium unit owner {tereof at ns own expense, The obligation to malta and repalr any alt conditioning and ti aiipme ures, Including but not limited to sation, serving a Jocated on dormIni rol ‘applicable unit_owner, incivicually, and not the association, without ‘egatd to whether such Items are inducted within the boundaries of the & _Not to paint or otherwise decorate or change the ‘appearance of any portion of the exterlor of the buliding. (To prompt report to the Association any defects or need for repairs, the responsiblity for the remedy of which is that of the No condominium parcel owner other than the Developer shall make any alterations In the portions of the bullding which are to be ‘maintained by the Association or remave any portion thereof or make any adalitions thereto or do any work which would Jeopardize the safety or ‘soundness of the bullding or impair any easement without first obtaining ‘approval from the Board of Directors oF the Association. ‘ll other sections of Articis 8 of the Deciaration remain unchanged. 1 waress wnt, the understned nave executed this certitat ns Jet gf 2010 sled nthe presence of conwptan rowess sour comounai 7 tocar me print name: /Ze bdureks wy. : i rrnesone: Lua. Ces fees ron2ors Book27328/Page768 © CFN#20100419466 Page 2 of 3PR OK 27828 FG pree Past pa. heck, Wobusepr” yp WO iE Sa STO TST mrintname: (Beata [Wodaick eet Print name Ana bes pele STATE OF FLORIDA ' CouNYOr MaN-DADE —} "he oe rumen vas anoutgoe oeere ew a day of YW 0 2010 by ‘Graciela las Secretary oF ‘Marina Azen, 23 President on cee sees ee CONDOMINIUM ASSOCIATION, I, @ Horlsa nottorpromt corporation, on behalf of the corporation. a kmown_to_meythave [aortic a NON nob Eset Page 808 Book27328/Page769_ CFN#20100419466 Page 3 of 3EXHIBIT BHiclb 611103, '3530/01-8223, IN THE CIRCUIT COURT OF THE 417" JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NUMBER: 01-26834 CA 22 MATILDE ZAIDENWEBER, Plaintiff, * vs. . CHAMPLAIN TOWERS SOUTH CONDOMINIUM ASSOCIATION, Defendant, CHAMPLAIN TOWERS SOUTH CONDOMINIUM ASSOCIATION, Defendant, Third Party Plaintiff, vs. TONG LE, P.E., INC. and WESTERN WATERPROOFING CO. OF AMERICA, Third Party Defendants. / JOINT STIPULATION FOR ORDER OF DISMISSAL WITH PREJUDICE ‘AND ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED by and between the undersigned that all claims by Plaintiff, MATILDE ZAIDENWEBER, against Defendant/Third Party Plaintiff, CHAMPLAIN TOWERS SOUTH CONDOMINIUM ASSOCIATION and Third Party Defendants, TONG LE, P.E, INC. and WESTERN WATERPROOFING CO. OF AMERICA, have been amicably settled, that this cause may be dismissed with prejudice, and thal all liens and subrogated interests, if any, are to be paid out of the proceeds of the settlement herein. Josephs, Jack & Manda, P.A. Post Office Box330519 Mami, FL 332390519 (205) 445-9800Zaidenweber v. Champlain Towers South, et al Case Number: 01-26634 CA 22 JOSEPHS, JACK & MIRANDA, P.A. DANIEL DAVIS, P.E, Attomeys for Def./Thitd Party Plaintiff Attomeys for Plaintiff 2950 SW 27" Avenue, Suite 100 1313 Ponce de Leon Bivd., Suite 200 Coral Gables, FL. 33134 By Maw 0 Ruer/ UGH J. CONNOLLY, ESQ. DANIEL BAVIS, ESQ. Florida Bar No. 078440 Florida Bar No, 980358 06-17-03 LAW OFFICES OF ROBERT F. TACHER Attorneys for Third Party Def. / Western 1700 NW 49" Street, Suite 120 Ft. Lauderdale, FL 33309 toe ROBERT F. TACHER, ESQ. Florida Bar No, 231592 ORDER FOR DISMISSAL WITH PREJUDICE THIS CAUSE came on before me upon the foregoing Stipulation and Order of Dismissal with Prejudice, and the Court being fully advised, itis, ORDERED AND ADJUDGED that all claims made in Plaintiff's Amended Complaint against Defendant/Third Party Plaintiff, CHAMPLAIN TOWERS SOUTH CONDOMINIUM ASSOCIATION and all claims made in Third Party Plaintiff's Third Party Complaint against Third Party Defendants, TONG LE, P.E., INC. and WESTERN WATERPROOFING CO, OF AMERICA, in this cause, be and the same are hereby dismissed with prejudice. Each 2 Josephs, Jack & Manda, PA. Post Office Box 330519 Miami, FL 38233-0519 G05) 445-3800 2140363985Zaidenweber v, Champlain Towers South, et al Case Number: 01-26634 CA 22 party is to bear their own attorneys’ fees and costs. DONE AND day of Copies furnished to: HUGH J. CONNOLLY, ESQ. DANIEL DAVIS, ESQ. ROBERT F. TACHER, ESQ. TONG LE, P-E. 3 Josephs, Jack & Miranda, PLA. Post Offce Box 380519 Miami, FL 33233-0519 (305) 445-3800 wo °° a 2 2 3 o = N