DBPR -- Complaints

BUT Nothing Happens!


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

August 7, 2006


The letter below is just one of the typical examples how the DBPR is dealing with official complaints filed by citizens of this state. 

It becomes more and more obvious that the DBPR employees in charge of dealing with these complaints have a total disregard for the job they are getting paid to do.  Or even worse  --  they think that if they ignore the problems long enough, the problems will go away automatically.

In many cases they may be right, because these citizens are in the end totally frustrated about the lack of action and they consider further reminders a total waste of time. Is that what our elected government officials want? It certainly doesn't help to improve the shaky reputation Florida already has!

Continually, I receive complaints about the lack of response from the DBPR. Many citizens already refuse to file complaints with the DBPR – “Total waste of time and money!

This complaint listed below is now nineteen (19) months old -- and nothing really has happened to solve the problem.  Normally, the DBPR executives like to dispose of these complaints by writing useless warning letters -- warning letters nobody takes seriously any more. But in some cases they just postpone making a decision, because taking the necessary action is not in their vocabulary -- it seems?


The final arbitration ruling made it clear that Lee Dunn, board president and CAM  manager, was guilty of many violations that have cost the homeowners outrageous amounts of money! But as you can see from the letter below -- nineteen (19) months later still no action has been taken. See the whole story at: SECTION 20 PROPERTY OWNERS' ASSOCIATION, INC., PUNTA GORDA


A similar complaint against a manager -- pending for many years -- has so far failed to be resolved, but his license was obviously renewed. It's the case against Robert Dugger (Case # 2002-007094) and Rachel Dugger (Case # 2004-057943) -- please note the years in the case numbers.

Robert Dugger is a former city commissioner, removed from office by Governor Jeb Bush.  Dugger has been involved in many cases in Miami -- running a business known as “The Timberlake Group.” The infamous case of the MIRAMAR GARDENS TOWNHOUSE HOMEOWNERS ASSOCIATION, INC. definitely created many headlines and some pretty clear court rulings. But obviously not enough to convince the DBPR Assistant General Counsel Jessica Leigh to take the necessary action. Similarities? Jessica Leigh is as well the counsel on record in the Dunn case -- see below!


Two other cases that made headlines are as well left without any real answers so far:

  • The case of The VILLAGE OF KINGS CREEK CONDOMINIUM where the board president Astrid Buttari donated $10,000 of the association’s funds to an outside group, dedicated to fight the zoning change. A warning letter issued by the Division "assumed" that the decision had been made by vote of the board. The Division leaves owners, who disputed this fact, with no answer. Owners claim there never was such a board meeting or vote on the matter!

  • We already know that Division investigators love to "invent" board meetings -- see the election dispute at the Cove at South Beaches Condominium Association. In this dispute the DBPR investigator "assumed" that the election had been cancelled at a board meeting, until board members spilled the beans and admitted that the "now former" president invented this meeting!

And we definitely still wait for any response from Harold Hyman, Regional Manager of the Bureau of Compliance in Fort Lauderdale, in regard to the complaint about the election at the Playa Del Mar Condominium.  In this instance, Robert Rubinstein, attorney in the law firm of Becker & Poliakoff, initially stopped officially appointed election monitors from doing their job.  Furthermore, the board continues to allow a man who is not a member of the association to serve as its president – a clear violation of the association’s documents. See: ATTORNEY ALLEGEDLY VIOLATES FLORIDA STATUTES


Although this happened at Playa Del Mar in February 2006, Hyman still has not taken any action to rectify this situation.  Hyman's first excuse for not taking action:  “I haven't gotten a written complaint!” He received two (2) written complaints a day later -- but has still not done anything!


Maybe somebody with authority should meet with the DBPR employees and give them this valuable lesson:  Problems and complaints don't disappear by hiding the file under another big stack of other unresolved complaints.


It seems Secretary Marstiller is unable to take on this task.  She merely observes, while taxpayers’ money is being wasted on useless employees unwilling to do the job!


And in case you still have doubts, listen to the talk show "On The Commons" recorded on August 5, 2006. The guest was Bill Reeves, a consumer-advocate attorney, who had been a Director of Regulations with the DBPR.


But it's up to us consumers to make the necessary noise.

We need to change things – to protect our rights!


Kim Jakubaitis 
56 Marajo St. 
Punta Gorda, Fl. 33983


August 4, 2006


Jessica Leigh

Assistant General Counsel

Office of the General Counsel

1940 North Monroe St.

Tallahassee, Fl. 32399-2202


Case No:      2005-012387

Subject:       Leroy Clark Dunn


Dear Ms. Leigh:


The above listed complaint was originally filed over 19 months ago. On May 18, 2006, I received correspondence from you stating in pertinent part, “[P]robable cause was found to believe that the Subject violated applicable section(s) of Chapter 468, Part VIII, Florida Statues”. Last week, your assistant, Maria, told me that Mr. Dunn has requested a formal hearing and that you were in the process of “negotiating the case” with Mr. Dunn. I am shocked and appalled at this development.


It seems that there is no inter-departmental communication in the DBPR. Did your investigation give consideration to the Summary Final Order issued, by Arbitrator Susan Wilkinson Harnden, that is the crux of the matter? I am enclosing a copy of the order so that it may become part of your file in this case. There are also videos of the meetings that were supplied to the DBPR, which I can send again should that be necessary.


Mr. Dunn has repeatedly and consistently used his position as a licensed CAM to abuse the residents of our community. He orchestrated an election that was overturned, “imposed an illegal assessment on our membership…, misled the membership prior to the election…, violated the principals of the election process…, rejected ballots that goes against legal rationale and the concept of fair play…, and tabulations of the vote were a sloppy, indiscernible collection of handwritten ticking and numbers”. These are all found in the arbitrator’s ruling. She concluded by finding the election was conducted “improperly and in bad faith”.


The election, illegal assessment, adoption of the architectural review, and the adoption of the budget were all overturned. In the seven months it took to get this ruling from the arbitrator, $80 per lot, which amounted to a total of $312,800.00, was collected illegally and allegedly spent on “hurricane clean-up”. It does not appear to me that any real “hurricane clean-up” was done, and we are still trying to repair our common areas from Hurricane Charley.


In addition, you have been supplied with documentation showing Mr. Dunn’s practice of keeping residents from obtaining documents of the Association, as well as a document signed by Mr. Dunn representing himself as an attorney.


Although the DBPR did reverse the election, it apparently does not have the will to follow through with the revocation of Mr. Dunn’s license. It is incomprehensible to me and many other residents how this agency could allow Mr. Dunn the ability to continue to work as a licensed CAM. If the DBPR does not revoke this license, it is my opinion that you should abolish the sham of licensing in its entirety. This license does nothing to protect homeowners from unscrupulous managers if the DPBR does not enforce its right to remove the same.


Finally, my question to you is why is the DBPR office of General Counsel negotiating with Mr. Dunn? I believe your job should be the protection of the taxpaying  homeowners. It appears that the DBPR is more interested in the protection of Mr. Dunn than of the 3,910 individual homeowners that have paid the price for his total disregard of the laws governing the license you have bestowed upon him.





Kim Jakubaitis


Section 20 Property Owners Association


enc: (1)


cc:  Simone Marstiller, Secretary                        Governor Jeb Bush

       Representative Mark Foley                          Senator Tom Lee, President

       Senator Mike Bennett                                    Allan G. Bense, Speaker

       Representative Paige Kreegel                     Representative Julio Robaina

       Charlie Crist, Attorney General                    Gary VanLandingham, Director

       Anthony B. Spivey, Executive Director