COMMUNITY ASSOCIATION MANAGER COMPLAINTS

NO PROBABLE CAUSE FOUND?

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?

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

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!