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1 RENZO RANGEL Plaintiff, vs. IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ISOLA CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, MULTIPLE LISTING EXCHANGE LLC, a Florida limited liability company, PAMELA HALL, ALLISON EVANS, JOSEPH BOVINA, SVETLANA KHRANISTOVA, and PEDRO SUAREZ, individuals Defendants. ----'1 COMPLAINT CASE NO.: JUDGE: c :til _... 9~6251 OrcA ),5,. \.. ifp.( ~= c' rv ;c'. ~-1 VO/~." \r.. < I POpf'" I ~.:<.-' II,/ u.:;: (.. -. Plaintiff, RENZO RANGEL ("Rangel"), by and through the undersigned counsel, sues Defendants, ISOLA CONDOMINIUM ASSOCIATION, INC. ("Association"), a Florida notfor-profit corporation, MULTIPLE LISTING EXCHANGE LLC ("MLE"), a Florida limited liability company, PAMELA HALL ("Hall"), ALLISON EVANS ("Evans"), JOSEPH BOVINA ("Bovina"), SVETLANA KHRANISTOVA ("Khranistova") and, PEDRO SUAREZ ("Suarez") individuals (the term "Defendants" shall mean each defendant individually and all defendants collectively), and states as follows: JURISDICTION AND VENUE 1. This is an action for damages exceeding $15,000.00, exclusive of interests, costs, and Courthouse News Service attorneys' fees. 2. Defendant Association is, and at all relevant times was, a not-for-profit corporation organized and existing under the laws of the State of Florida, maintaining an office for the transaction of its customary business in Miami-Dade County, Florida. 1

2 3. Defendant MLE is, and at all relevant times was, a limited liability company, organized and existing under the laws of the State of Florida, maintaining an office for the transaction of its customary business in Miami-Dade County, Florida. 4. Defendant Hall is, and at all times relevant was, a resident of Miami-Dade County, Florida. 5. Defendant Evans is, and at all times relevant was, a resident of Miami-Dade County, Florida. 6. Defendant Bovina is, and at all times relevant was, a resident of Miami-Dade County, Florida. 7. Defendant Khranistova is, and at all times relevant was, a resident of Miami-Dade County, Florida. 8. Defendant Suarez is, and at all times relevant was, a resident of Miami-Dade County, Florida. 9. The acts alleged in this complaint by Defendants occurred in Miami Dade County and venue is proper in Miami Dade County. FACTS 10. Rangel, owned real property located at 770 Claughton Island Drive, Unit 712, Miami, Florida (" the condominium unit" or "the unit"), within the condominium property managed by the Association. A copy of the deed to this unit is attached hereto as Exhibit "A" and incorporated by reference thereto. 11. Rangel did not reside at the condominium unit, but lived near and would often stay at the unit with his family. The unit was fully furnished with several large flat screen High 2

3 Definition Television sets, expensive artwork, and other decorations. Additionally, Rangel kept many items in the unit such as clothing and appliances. 12. On or about December 2008, the Association, together with Defendants Hall, Bovina, Evans, MLE, Suarez and Khranistova, entered into the condominium unit, changed the locks, and leased out the condominium unit. 13. Rangel had no notice of the Defendants' acts nor gave permission to anyone to lease the condominium unit. 14. Rangel discovered the unit had been leased around the holidays in December 2008 when he went to the unit and could not gain entry with his key. 15. On or about January 18,2009, Rangel again visited the condominium unit and called for police assistance to gain entry to the unit. 16. With the police officers present, Rangel forced the door of the unit open and upon entering the unit discovered a contract leasing the condominium unit and two hard suitcases full of clothes. 17. The defendants have wrongfully deprived Rangel of personal property within the condominium unit with an estimated value of$53, The defendants have wrongfully deprived Rangel of real property, which he had the right to possess, and used said unit for financial gain to Rangel's detriment. 19. On or about June 8, 2009, Rangel served the named defendants civil theft notice pursuant to Florida Statute section , demanding the payment of triple the amount of the property withheld. A copy of the civil theft notice is attached hereto as Exhibit "B" and incorporated by reference thereto. 3

4 20. As of the date of this complaint, Rangel has not received the amount demanded in the civil theft notice, nor has he received any compensation for the taking of his real and personal property. 21. Rangel has been forced to retain the undersigned counsel and has agreed to pay a reasonable attorney's fee. COUNT I CIVIL THEFT OF PERSONAL PROPERTY - ALL DEFENDANTS 22. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 23. Florida Statutes section provides a civil remedy for injury "by reason of any violation of sections or section (1)." 24. Florida Statutes section l4(a) provides that a person commits a theft if he or she knowingly obtains or uses the property of another with the intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property, Fla. Stat (a)(l), or appropriate the property to his or her own use or to the use of any person not entitled to the use ofthe property. Fla. Stat (a)(2). 25. Defendants knowingly obtained the real and personal property belonging to Rangel with the intent to permanently or temporarily deprive Rangel of the right to his real and personal property and the beneficial use of said property. 26. Defendants knowingly obtained the real and personal property belonging to Rangel with the intent to appropriate the property to their own use, and to use of others who are not entitled to the use of the property. 27. On or about June 8, 2009, Rangel demanded the payment triple dmnages as required by Florida Statute section , and thirty days for defendants' compliance has lapsed. 4

5 28. Rangel has employed the services of the undersigned attorneys for the vindication of his rights and has become obligated to pay reasonable attorneys' fees. 29. Florida Statute section provides that the claimant may recover damages threefold the actual damages sustained, reasonable attorneys' fees, and court costs. 30. Defendants have deprived Rangel of personal property in the amount of $53,810.00, and Rangel is entitled to $161, in statutory damages plus attorney's fees and costs. 31. Defendants have deprived Rangel of his real property in an amount to be established at trial and Rangel is entitled to recover threefold his actual damages plus attorney's fees and costs. WHEREFORE, the Plaintiff, Rangel, demands that judgment be entered against all defendants for civil theft, award triple damages in the amount of$161, for theft of personal property, triple the amount of the value of the real property taken, attorneys' fees, and costs, and such other relief as the court deems just and proper. COUNT II EQUITABLE ACCOUNTING - ASSOCIATION 32. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 33. The association has a fiduciary relationship with Rangel, as a unit owner and member of the condominium association. 34. Upon information and belief, Defendants have derived improper benefits from renting the condominium unit and retaining the rents therefrom. 35. Plaintiff is unaware the extent of the rents retained by the each defendant. 36. The remedy at law is not as full, adequate, and expeditious as it is in equity. 5

6 37. Plaintiff cannot be fully reimbursed for the lost rents without an accounting by the Association for any and all income from the condominium unit. WHEREFORE, the Plaintiff, Rangel, prays this Court enter judgment against the Association, and order an accounting of all payments received by the Defendants relating to the condominium unit, and such other relief as this Court deems just and proper. COUNT III UNJUST ENRICHMENT - ALL DEFENDANTS 38. Plaintiff realleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 39. Defendants wrongfully detained the real personal property belonging to Rangel. 40. Defendants wrongfully used the property for their own financial gain and have earned revenue from Plaintiffs property. 41. Upon infonnation and belief, the Defendants disposed of said personal property and earned revenue as a result of the sale. 42. The circumstances render Defendants' retention of Plaintiffs property inequitable unless the Defendants pay to Plaintiff the value of the benefits retained. 43. Defendants are unjustly emiched at the expense of Plaintiff. 44. Plaintiff is entitled to damages as a result of the Defendants' unjust emichment, including the disgorgement of all monies unlawfully accepted by the Defendants from lessees, and value of personal property retained or sold. WHEREFORE, the Plaintiff prays that this Court enter judgment against Defendants for unjust emichrnent and award monetary damages in an amount to be proven at trial against Defendants, interest, and such other relief as this Court deems just and proper. 6

7 COUNT IV UNLAWFUL ENTRY - ALL DEFENDANTS 45. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 46. Florida Statutes section prohibits any person from entering into lands or tenements except when entry is given by law. 47. Rangel, as the title owner, was in possession of the condominium unit. 48. Defendants entered the condominium unit without Plaintiffs consent and without authority of law. 49. Defendants' entry into the condominium unit was willful and knowingly wrongful. 50. Defendants remained in actual possession of the property, in that the Defendants changed the locks on all doors to the premises, and rented the condominium unit. 51. Florida Statute section provides that Plaintiff is entitled to summary procedure under Florida Statutes section Florida Statute section provides that the Plaintiff is entitled to damages at double the rental value of the premises from the time of the unlawful holding in addition to attorney's fees and costs. WHEREFORE, the Plaintiff demands application of summary procedure prescribed in Florida Statutes section to this cause of action, judgment against the Defendants for damages at double the rental value during Defendants' possession of the premises, prejudgment and post judgment interest, attorneys' fees and costs, and such other relief as the Court deems just and proper. 7

8 COUNT V UNLAWFUL DETAINER - ALL DEFENDANTS 53. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 54. Florida Statutes section 82.02(1) prohibits any person from holding lands or tenements contrary to the party entitled to possession. 55. Rangel, as the title owner, was entitled to possession of the condominium unit. 56. Defendants detained the condominium unit without Plaintiffs consent and without authority of law. 57. Defendants' detainer ofthe condominium unit was willful and knowingly wrongful. 58. Defendants remained in actual possession of the property, in that the Defendants changed the locks on all doors to the premises, and rented the condominium unit. 59. Florida Statute section 82.04(1) provides that Plaintiff is entitled to summary procedure under Florida Statutes section 51.OIL 60. Florida Statute section provides that the Plaintiff is entitled to damages at double the rental value of the premises from the time of the unlawful holding in addition to attorney's fees and costs. WHEREFORE, the Plaintiff demands application of summary procedure prescribed in Florida Statutes section to this cause of action, judgment against the Defendants for damages at double the rental value during Defendants' possession of the premises, prejudgment and post judgment interest, attorneys' fees and costs, and such other relief as the Court deems just and proper. 8

9 COUNT VI CONVERSION - ALL DEFENDANTS 61. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 62. Defendants intentionally interfered in Rangel's possessory interest in real and personal property by converting Rangel's property for defendants' own use and benefit. 63. Defendants knowingly, intentionally, and with malice entered into Rangel's unit, changed the locks and proceeded to rent the unit. The Defendants kept all property inside the unit at the time of entry. 64. Defendants' use and control of Rangel's property is so severe that they should be required to pay the full value of Rangel's property. 65. Rangel has employed the services of the undersigned attorneys for the vindication of his rights and has become obligated to pay reasonable attorneys' fees. WHEREFORE, the Plaintiff demands judgment against Defendants for conversion, actual damages, attorneys' fees and costs, and such other relief as the court may deem just and proper. COUNT VI TRESPASS - ALL DEFENDANTS 66. Plaintiff realleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 67. Defendants intentionally and without consent or privilege entered the unit. 68. Plaintiff has sustained damages as a result of the Defendants' unlawful entry. WHEREFORE, the Plaintiff demands judgment against the Defendants for trespass, and award for actual damages, attorneys' fees and costs, and such other relief as this Court may deem just and proper. 9

10 COUNT VII INTRUSION UPON SECLUSION - ALL DEFENDANTS 69. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 70. Defendants intentionally and physically entered into Plaintiffs condominium unit without consent or justification. 71. Defendants, by their physical acts, have intruded upon Plaintiffs seclusion, and, as a result, Plaintiff has sustained damages. WHEREFORE, the Plaintiff demands judgment against the Defendants for intrusion upon seclusion and award damages, punitive damages, interests, attorneys' fees and costs, and such other relief as this Court deems is just and proper. COUNT VIII SLANDER OF TITLE - ALL DEFENDANTS 72. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 73. Defendants communicated to a third party that they were the owners of the unit and the personal property therein or that they were entitled to possession of the unit and the personal property therein. 74. Defendant's statement disparaged Rangel's title and interest in the unit and the personal property therein. 75. Defendant's statements were not true, as none of the defendants were the rightful owner of either the real property or the personal property. 76. The Defendants knew the statements were false. 10

11 77. The publications were made under such circumstances as would lead a reasonable person to believe that Rangel was not the owner of the real or personal property nor that he was entitled to possession of the unit. 78. Defendants' untrue publications have caused Plaintiff damages. WHEREFORE, the Plaintiff demands judgment against Defendants for slander of title and an award of damages, interest, attorneys' fees and costs, and such other relief as this Court deems just and proper. COUNT IX CONSTRUCTIVE FRAUD - ALL DEFENDANTS 79. Plaintiff realleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 80. Defendants had a fiduciary relationship to Plaintiff, as a member of the association and a unit owner. 81. Defendants had a fiduciary duty not to protect the Plaintiffs interests within the condominium. 82. Defendants breached their fiduciary duty and trust by acting against Plaintiffs interest when the Defendants entered into the unit and excluded Rangel from possession of the unit. 83. Defendants abused the trust and took advantage of their position of control to lease Plaintiff s property for their own benefit. 84. As a direct and proximate result of Defendants unconscionable acts, Plaintiff has suffered damages. WHEREFORE, the Plaintiff demands judgment against Defendants for actual damages, interests, attorneys' fees and costs, and such other relief as this Court deems just and proper. 11

12 COUNT X CIVIL CONSPIRACY - ALL DEFENDANTS 85. Plaintiff realleges and incorporates the allegations set forth in Paragraphs 1-21 above as if 86. Defendants, Association, MLE, Hall, Evans, Bovina, Suarez, and Khranistova are parties to a civil conspiracy. 87. Defendants conspired to commit take possession of Rangel's real within the condominium unit and then rent the stolen unit for the Defendants' own financial gain. 88. Defendants conspired to take Rangel's personal property located in the unit for their own financial gain. 89. Defendants committed an overt act in furtherance of their conspiracy, including entering the unit, changing the locks, seeking tenants, renting the condominium unit, and even collecting rents from the tenant. 90. Defendants' conspiracy and their respective overt acts caused Rangel to suffer damages. WHEREFORE, the Plaintiff demands judgment against the Defendants for damages for civil conspiracy and any such other relief as this Court deems just and proper. COUNT XI FLORIDA'S CIVIL REMEDIES FOR CRIMINAL PRACTICES ACT 91. Plaintiff realleges and incorporates the allegations set forth in Paragraphs 1-21 above as if fully stated herein. 92. Florida Statutes section prohibits any person to acquire and maintain control of any real property through a pattern of criminal activity, Fla. Stat (2), any person employed by, or associated with, any enterprise to conduct or participate, directly 12

13 or indirectly in such enterprise through a pattern of criminal activity, Fla. Stat (3), and to conspire to violate the act. Fla. Stat (4). 93. Defendants were employed by or associated with an enterprise within the meaning of Florida Statute section (3). 94. Defendants are engaged in criminal activity within the meaning of Florida Statutes section (1 )20 relating to theft. 95. Defendants are engaged in a pattern of criminal activity within the meaning of Florida Statutes section (4), upon information and belief Defendants have leased various condominium units within Isola Condominium Association and upon information and belief Defendants committed more than two incidents of criminal activity with similar intents, results, accomplices, victims, the last of such incidents having occurred less than 5 years from the prior incident ofcriminal activity. 96. Plaintiff suffered damages and property loss as a direct and proximate result of Defendants' violations of Florida' s Civil Remedies for Criminal Activities Act. Fla. Stat Florida Statutes section provides threefold actual damages, attorneys' fees, and costs for violations offlorida Statute section Plaintiff has retained the undersigned attorney and is obligated to pay reasonable attorneys' fees. WHEREFORE, the Plaintiff demands judgment against Defendants for threefold the actual damages, interests, attorneys' fees and costs, and such other relief as this Court deems is just and proper. 13

14 COUNT XIV VIOLATION OF DECLARATION OF CONDOMINIUM 99. Plaintiffrealleges and incorporates the allegations set forth in Paragraphs 1-21 above as if fully stated herein Declaration of Condominium of the Defendant Association does not authorize the Association or its officers to take possession of condominium units for past due assessments The remedy available for the Association for delinquency of any condominium assessments or other dues is lien on delinquent property and foreclosure upon such liens The Association, together with its officers Hall, Evans, and Bovina, violated the provisions of the Declaration of Condominium by entering and detaining Rangel's condominium unit, leasing the condominium unit to a third party and collecting rents from such lease The acts of the Association, Hall, Evans, and Bovina were not authorized by law or Declaration of Condominium Upon information and belief, Defendants have utilized similar practices with respect to other condominium units controlled by the Association Upon information and belief, Defendants LME, Suarez, and Khranistova, have aided and abetted the Associations wrongful acts by knowingly providing the Association with brokerage services The Declaration provides for attorneys' fees and costs where legal action is necessary to enforce the provisions thereof. WHEREFORE, the Plaintiff prays that this Court declare that the Defendants are in violation of the Declaration of Condominium, enter an order enjoining Defendants from further violations of 14

15 the Declaration of Condominium, enter an order enjoining Defendants aiding and abetting the wrongdoing of the association by providing brokerage services, enter judgment against Defendants for actual damages, interest, attorneys' fees and costs, and such other relief as this Court deems just and proper. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. Respectfully submitted, PeytonBolin, PL 4804 W. Commercial Blvd. Fort Lauderdale, FL Office: Facsimile: By: 7V -" # b? 15