final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-2081, Reemberto Diaz, Judge.
Law, P.A., and David B. Haber, Jonathan Goldstein, and Brett
Silverberg, for appellant.
Phillips, Cantor & Shalek, P.A., and Gary S. Phillips and
Jeffrey B. Shalek (Hollywood), for appellee.
SALTER, LOGUE, and HENDON, JJ.
Realty Group, Inc. ("Weisser Realty") appeals from
a final judgment of foreclosure of Porto Vita Property Owners
Association's ("Association") lien for unpaid
assessments. We affirm.
2012, Weisser Realty purchased a condominium unit in the
Porto Vita North Association ("Tower"). The special
warranty deed identifies the property as "Commercial
Unit 1" of the Towers of Porto Vita, and provides that
the property is subject to the conditions set forth in the
Association's 1995 Declaration of Condominium
("Declaration"). The Association operates the
master community association subject to the Declaration, and
collects all of the maintenance and special assessments for
the Association. Pursuant to the Declaration, the owner is
obligated to pay periodic and special assessments. The
Declaration defines an "assessable unit" as
(i) Concept of Assessable Units. For purposes
hereof, an "Assessable Unit" shall mean (i) each
residential condominium unit and commercial unit (i.e.,
having an active business-related function)
subject to the condominium declaration . . .
added). When Weisser Realty purchased the unit in June 2012,
it entered into an addendum contract with the Association
providing that Weisser Realty agreed to pay the maintenance
assessments, beginning on the date of closing. The
Association invoiced Weisser Realty on the date of closing,
but Weisser Realty never paid.
August 2012, the Association sent its first demand letter to
Weisser Realty advising it of its intent to file a claim of
lien. The letter was sent to Weisser Realty at Commercial
Unit 1's address, because that was the address Weisser
Realty provided as its place of business and address for
service of process. In March, 2013, the Association sent
Weisser Realty a letter advising it of its intent to
foreclose should Weisser Realty fail to pay its past due
assessments. Weisser Realty did not respond or pay. The
Association recorded its lien on March 11,
three years later, in January 2016, the Association filed the
complaint to foreclose against Weisser Realty. The summons
was issued to Weisser Realty at the address of Commercial
Unit 1. Weisser Realty filed its answer and affirmative
defenses and a request for production. The Association timely
responded. In July 2017, the Association moved for summary
judgment based on Weisser Realty's failure to pay past
due assessments and insufficient affirmative defenses. The
trial court set a June 2018 date for the trial. Weisser
Realty filed numerous motions to continue.
Association deposed Weisser Realty's designated corporate
representative, Kim Riedy, who is also Weisser Realty's
secretary, bookkeeper and office manager. As it turned out,
Riedy was only informed that day that she would be the one
deposed. In her deposition, Riedy admitted that she had not
read the materials, and was unfamiliar with the details of
the lawsuit. She did testify that she was aware of certain
letters requesting unpaid assessments, and the pending
foreclosure. She stated in her deposition that the only
reason Weisser was not paying the past due assessments was
because Michael Weisser, president of Weisser Realty, told
her not to write any checks for that debt. She testified that
Weisser Realty managed shopping malls and was operating out
of Unit 1. Riedy freely admitted in her deposition that she
was not qualified to be the corporate representative.
Association specially set the hearing on its motion for
summary judgment, which motion had been pending for more than
fifteen months as a result of Weisser Realty's motions
for continuance, and repeatedly resetting dates for taking
depositions. One week before the scheduled summary judgment
hearing, Weisser Realty filed another motion for continuance
in order to take an additional deposition. Three days before
the scheduled hearing, Weisser Realty filed a motion for
leave to amend and motion to compel. Two days before the
scheduled hearing, Weisser Realty filed its response in
opposition to the Association's motion ...