COMMUNITY ASSOCIATION MANAGER REGULATION JUST A SHAM!

DBPR UNWILLING TO TAKE A STAND!

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published May 21, 2007

I have a suggestion: Why not just require community association managers to send a check to the Department of Business and Professional Regulation to get a license or renew an existing one? It's pretty obvious that the DBPR only wants the money, not the work that goes along with regulating CAMs.

It looks like nothing short of firing all of the DBPR employees will stop that department from issuing a license to anybody -- good or bad.  DBPR issues and re-issues licenses to managers with a long list of recorded violations and a long list of complaints filed against them -- complaints unresolved for many years?

Judge Linda Singer Stein made it very clear in her ruling what this issue is all about (quote): "Finally, it is clear that the Association is merely a sham which does not exercise any authority and acts solely at the behest of the management company.  Accordingly, Plaintiff has unclean hands in this lawsuit. "

Here is a lot more to this story: http://www.ccfj.net/courtdecFLMiramarintro.html  

Both of the managers, Robert Dugger Sr. and Rachel Dugger, were prominently mentioned in two investigative articles dealing with problems in associations. Want an eye-opener? Just read: Home, sour home and watch the slide-show. 

The Daily Business Review published on April 9, 2007, a lengthy article headlined Management Mess:

Here some excerpts:

In December of 2005 the Spanish Trace Condominium elected Matilde Perez-Porrata as their new president, leading to the removal of former North Bay Village Commissioner Robert Dugger as community property manager. 
(Quote article Management Mess): "Spanish Trace is "the number-one troubled condo that has turned the wheel back 360 degrees," Perez-Porrata said. "Dugger has more state complaints against him than any other property manager in Florida, Perez-Porrata said. The state Department of Business and Professional Regulations, which polices homeowners' associations, lists Dugger's community association manager license as current and active along with a long list of complaints dating back to 1996. Only one complaint resulted in a fine, and many others ended with findings of insufficient evidence. (PLEASE SEE BELOW).
"We begged and wrote to the board of directors to get rid of the property manager," Perez-Porrata said. She said his most extreme action was campaigning for one slate of board members over another including a letter on his own stationary. He also was accused of contract violations including lack of maintenance and delayed hurricane repairs." (End of quote)

The same article contained a very puzzling quote by Gary Poliakoff, well-known attorney and president of the COMMUNITY ASSOCIATION LEGISLATIVE LOBBY, INC. (quote): "One of the biggest problems is the misappropriation of funds. A large concern is kickbacks from vendors," he said. "It probably is the biggest concern that is ongoing in associations."

Don't forget: This comes from the president of a lobbying group that always claims that “just a few disgruntled owners have problems”! How does his quote make any sense?

See below the official DBPR files of both Rachel Dugger and Robert Dugger Sr. Actually, the DBPR just issued a CAM license to Rachel Dugger -- despite all the well-known problems.  Dating back to 2002, a complaint against Robert Dugger is still pending. 

The legislature tried to police community association managers. (FS 468.431-468.438)

The DBPR -- as usual -- fails to do the job, much to the detriment of Florida 's homeowners and condo owners!

Look at these files and then ask:  “Why are these people still allowed to buy licenses as community association managers!