REGULATION COMMUNITY ASSOCIATION MANAGERS

With all due respect, if you are attempting to destroy the profession of the community association manager, you are definitely on the right track. For many years complaints against CAMs have been piling up, but it seems that the DBPR is only too willing to bury the problems and let the guilty parties get away with it.

 

There are serious cases pending against licensed CAMs since 2002!  -- and still no real action is being taken. There have been court rulings claiming that a CAM fraudulently collected dues – but the DBPR is “still working on it,” much to the detriment of the owners who get further harassed by a licensed CAM .

 

There are many CAMs who are trying to take over the communities, run roughshod over owners, and board members who try to sort out certain problems – or just call the police on them. A CAM , who recently obtained his license after being cited by the DBPR for working without a license (for many years), called the police to dissolve an owners’ meeting where the owners tried to recall the board that hired him.  Police actually arrested an owner who was attending the meeting. Peaceful assembly guaranteed by the statutes? Only until the CAM interfered!

 

Unlicensed practice? No problem: If you are caught after a few years – most likely you receive only a “cease and desist order.” Then you can still take the exam and obtain a license. Who cares that you had previously violated the laws for many years?

 

If you really get caught with some serious violations and lose your license? No problem! Make the Department jump through hoops before taking away your license. In the mean time have your wife get a license and you can continue to work under her license -- and continue doing the same bad tricks as before.

 

If a president gets caught working without a license after getting paid as a general manager for many years and receives a cease and desist order? No problem: Just make the claim that he is now working as a “secretary” – for the same salary -- and the DBPR will just go away.

 

Record requests by board members? Only if you follow the party line! Board members are being forced to make long trips to offices of management companies, only to be turned down for failure to make an appointment!

 

Records never existed or couldn’t be found? Great excuse if president and manager live together and always blame the other if it comes to arbitration.

Since Division Bureau of Compliance and CAM Regulation don’t communicate with each other, it works like a charm.

 

CAMs interfering with elections and trying to unseat officers who dare to speak out against practices of CAMs? Happens all the time!

 

If a CAM needs a serious pay raise and the board thinks that it can’t raise the dues again? Here is the advice suggested to the board members: You have well-funded reserve accounts!

 

If a board really gets mad and fires the CAM ?  Easy enough to show them! They are not getting their records back.  CAM will just declare that the records were all on the computer and the whole program was deleted after the account was lost. No problem.  The DBPR will only write a form letter to the complaining board members telling them that really no violation occurred!

 

The list goes on and on! We have plenty of bad examples on the website and we have written many letters and e-mails – for many years – to the Department asking for stricter enforcement.  Result: It has only gotten worse!  People are laughing about the enforcement and even stop filing complaints – considering it a waste of paper!  Is that the whole idea?

 

Owners and board members are getting frustrated and are looking for other solutions. One solution more and more favored recently: Hire a CPA for the financial dealings and self-manage! Saves lots of money and lots of frustration.

 

This lack of regulation and enforcement damages the business of the honest CAMs – and the management companies that are really trying hard to do their job. Boards and owners should be able to rely on the fact that community association managers are licensed, regulated, and have professional knowledge of the subject.

 

Which shouldn’t go so far that a CAM dispenses “false” legal advice and a complaint to the DBPR results in the answer: “Isn’t that what you hired him for?”

 

*Below is an index of the locations where some of these issues quoted took place. If you like more detailed information about the cases quoted, please contact me!

 

There are really only two solutions to the matter:
1.) You create statutes and regulations with strict enforcement – and punish the guilty parties.

                           -- OR --

2.) You deregulate CAMs and remove the provisions from the statutes that forces mandatory associations to hire licensed managers.

 

Board members and owners are under the impression that they hire knowledgeable professionals worth the money they are paying.  Only too often these so-called “professionals” turn out to be dictators who try to take over the association. 

 

If that is what you are trying to achieve – go right ahead the way you are doing business.  Otherwise, if your intention is to provide professionals with integrity to manage associations, then please create the necessary changes and remove the many bad apples from your list of licensed CAMs.

 

REFORMS TO THE EXISTING SYSTEM ARE DESPERATELY NEEDED TO PROTECT THE WELFARE OF FLORIDA ’S CITIZENS LIVING IN MANDATORY ASSOCIATIONS!

 

Warm Regards,

Jan Bergemann, President
Cyber Citizens For Justice, Inc.

IN ALLIANCE WITH:

* Index of location of cases quoted:

FONTAINEBLEAU TERRACE OWNERS ASSOCIATION, INC.

MIDPORT PLACE II CONDOMINIUM ASSOCIATION, INC.

MIRAMAR GARDENS TOWNHOUSE HOMEOWNERS ASSOCIATION, INC.

PARC VISTA CONDOMINIUM ASSOCIATION, INC.

RUSSELLWOOD CONDOMINIUM ASSOCIATION, INC.

SAILBOAT CAY CONDOMINIUM ASSOCIATION, INC.

SECTION 20 PROPERTY OWNER'S ASSOCIATION, INC.

THE VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC.

THE VILLAS OF BOCA BARWOOD HOMEOWNERS' ASSOCIATION, INC.

THE VILLAS OF NARANJA CONDOMINIUM ASSOCIATION, INC.

THE THIRD BAYSHORE CONDOMINIUM ASSOCIATION, INC

VILLAGE OF SANDALWOOD LAKES SOUTH HOMEOWNERS ASSOCIATION, INC.