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An
Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published
September 11, 2008
We
are already getting to the point where association boards inquire how to
avoid hiring a manager or a management company. There are areas in
Florida
where you can't even in good conscience recommend a management company to
anybody. The trust of
Florida
's homeowners and condo owners in our community association managers
dwindles fast.
One
of the main reasons: The total lack of enforcement of the Florida Statutes
468.431 - 438, regulating the profession of Community Association
Managers by the DBPR. Many of the serious complaints filed by concerned
board members, homeowners and condo owners are plainly blown off, without
even a real investigation. Other complaints are just considered petty; the
file closed for reason of insufficient evidence or probable cause. Finding
of “insufficient evidence” without even contacting the witnesses named
in the complaint?
A
good example why most complaints go nowhere can be found in the file of
CAM CJ Nylund, a community association manager from
Pensacola
-- Case No. 2007-006128. After an association board found out that
their "reserves" money suddenly showed up in a "private
escrow account" of the manager, an account where board members
couldn't even access statements, the board president filed an
OFFICIAL CAM
COMPLAINT with the DBPR. The complainant added the copy of a
cancelled check in th e amount of $5,000 to this complaint.
According
to association members, CAM manager CJ Nylund, together with the former board
treasurer, initiated a recall of the complaining board members, instead of properly responding to the allegations.
Linda
Passman, the new board president, sent a more DETAILED
STATEMENT to the DBPR, specifying the alleged infractions.
After
some investigation an "Expert Opinion" was written by Morris
Goodwin (MBA, CMC4, MCSE). Goodwin is an experienced CAM, who deals with
these issues on a daily basis.
His
opinion (quote):
Witness report and analysis on Case #: 2007-006128 Subject: Nylund 21958
"After reviewing all the documents provided, it is apparent that there is sufficient evidence to pursue action against Nylund on the violation of
F.S. 468.436(1)(b)5 - Gross Negligence."
But all the facts and expert opinion couldn't sway Eric Hurst, Assistant General
Counsel. His recommendation after the investigation: DISMISS (R46 Letter of Guidance Issued) (April 3, 2008)
The final decision in this farce came from Charles Tunnicliff, Chief Professions
Attorney, on March 17, 2008 in form of a MEMORANDUM OF DEPARTMENTAL
FINDING OF PROBABLE CAUSE. "I have reviewed the investigative report and the recommendations regarding the above-referenced matter, and find probable cause does not exists to believe Clarence Johann Nylund is subject to disciplinary action for a violation of Section 468. Part
VIII or Chapter 455, Florida Statutes."
And
Eric Hurst issued the only too common "GUIDANCE
LETTER" (no date).
Case No. 2007-006128
"The Department has concluded that this Letter of Guidance should be issued in lieu of a finding of probable cause."
Another case closed -- great for the statistics, but bad for the consumer.
Since the Department fails to weed out the bad apples, the good CAMs will
suffer. Who knows who to trust? Don't forget, many of the CAMs have easy
access to the association funds and many of them are not bonded. Isn't it
a miracle that more and more associations turn away from community
association managers and put their financial business into the hands of a
Certified Public Accountant (CPA) -- better regulated and bonded?
As
long as the paper-pushers in the DBPR fail to follow up on serious
complaints and fail to prosecute the licensees for serious violations,
hiding behind excuses like "we have to follow the law and due process"
without even considering the real facts, we will not see any improvement
in this pressing matter. How can you reach a “clear and convincing”
standard on prosecuting any allegation if you fail to listen to the
testimony of witnesses willing to testify under oath?
NYLUND, CLARENCE JOHANN
8542 SCENIC HILLS DR
PENSACOLA Florida 32514
County: SANTA ROSA
License: CAM21958
| 200101704 |
Licensed
Activity Investigations |
02/22/2001 |
Closed |
Insufficient
Evidence |
03/23/2001 |
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| 2007006128 |
Licensed
Activity |
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Closed |
Letter
of Guidance Issued |
04/09/2008 |
|
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| 2007018940 |
Licensed
Activity |
|
Closed |
No
violation found |
04/05/2007 |
|
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| 2008035055 |
Licensed
Activity |
|
Closed |
Insufficient
Evidence |
08/18/2008 |
INVESTIGATION? NO -- JUST A JOKE!
BARBARA M. BLANCO
-- ALL FLORIDA MANAGEMENT
A TOTAL DISASTER! REGULATION COMMUNITY ASSOCIATION MANAGERS
CAM RULES HIS "OWN" HOMEOWNERS' ASSOCIATION
MIRAMAR GARDENS TOWNHOUSE HOA
COMMUNITY ASSOCIATION MANAGER REGULATION JUST A SHAM! DBPR UNWILLING TO TAKE A STAND!
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