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?
The
prime example for the fact that the DBPR employees are not doing their
jobs according to legislative intent is the
Community Association Management Consultants Group d/b/a Timberlake Group,
Inc. -- that's the name according to a court
ruling dated January 13, 2006. Actually, neither of the names is listed on the
website of the Division of Corporation as an active corporation. In fact,
the Timberlake Group, Inc. was administratively dissolved for failure to
file an annual report on 10/01/2004!
The people running this management firm -- whatever the name might be in
the moment -- are Robert Dugger Sr. and his wife Rachel Dugger.
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.
A
CAM
license gives the person access to many valuable resources of homeowners,
especially association dues. And -- as we have seen -- allows so-called
managers to take control of whole communities, control that leads to
serious problems for the homeowners.
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!
Name: DUGGER,
RACHEL
Number |
Class |
Incident
Date |
Status |
Disposition |
Disposition
Date |
Discipline |
Discipline
Date |
2006027969 |
Unlicensed
Activity |
03/27/2006 |
Closed |
Violation
found
-
corrected |
04/03/2007 |
|
|
2004057943 |
Licensed
Activity |
|
Closed |
Final
Order |
03/08/2007 |
Cost |
03/08/2007 |
2004057943 |
Licensed
Activity |
|
Closed |
Final
Order |
03/08/2007 |
Cease
&
Desist |
03/08/2007 |
2004057943 |
Licensed
Activity |
|
Closed |
Final
Order |
03/08/2007 |
Fine |
03/08/2007 |
|
Name:
DUGGER,
ROBERT A SR |
Number |
Class |
Incident
Date |
Status |
Disposition |
Disposition
Date |
Discipline |
Discipline
Date |
2003044580 |
Licensed
Activity |
01/09/2003 |
Closed |
Insufficient
Evidence |
02/23/2006 |
|
|
200002226 |
Licensed
Activity Investigations |
03/07/2000 |
Closed |
Fine
& Minor Penalty Impsd |
04/16/2001 |
Cost |
04/16/2001 |
200002226 |
Licensed
Activity Investigations |
03/07/2000 |
Closed |
Fine
& Minor Penalty Impsd |
04/16/2001 |
Fine |
04/16/2001 |
9708909 |
Licensed
Activity Investigations |
03/10/1997 |
Closed |
Insufficient
Evidence |
01/22/1998 |
|
|
2003059059 |
Licensed
Activity |
03/24/2003 |
Closed |
Insufficient
Evidence |
02/23/2006 |
|
|
2006020888 |
Licensed
Activity |
03/24/2006 |
Set
for Probable Cause |
|
|
|
|
2003069504 |
Licensed
Activity |
05/30/2003 |
Closed |
No
violation found |
08/26/2003 |
|
|
9904719 |
Licensed
Activity Investigations |
06/03/1999 |
Closed |
Insufficient
Evidence |
11/17/1999 |
|
|
2005051638 |
Licensed
Activity |
06/13/2005 |
Closed |
Insufficient
Evidence |
11/14/2005 |
|
|
2004036991 |
Licensed
Activity |
07/09/2004 |
Closed |
No
Further Action Required |
12/20/2004 |
|
|
9609929 |
Licensed
Activity Investigations |
07/25/1996 |
Closed |
Insufficient
Evidence |
07/31/1996 |
|
|
2005045432 |
Licensed
Activity |
07/25/2005 |
Closed |
Case
Closed - Other |
09/07/2005 |
|
|
9906419 |
Licensed
Activity Investigations |
08/02/1999 |
Closed |
Insufficient
Evidence |
09/23/1999 |
|
|
2006057740 |
Licensed
Activity |
09/19/2006 |
Preliminary
Inquiry |
|
|
|
|
200007859 |
Licensed
Activity Investigations |
10/05/2000 |
Closed |
Referred
To Another Agency |
11/30/2000 |
|
|
2005056713 |
Licensed
Activity |
12/07/2004 |
Closed |
Civil
Matter |
05/11/2006 |
|
|
2002004808 |
Licensed
Activity |
|
Closed |
No
violation found |
07/24/2002 |
|
|
2002007094 |
Licensed
Activity |
|
Formal
Hearing Requested |
|
|
|
|
2002014348 |
Licensed
Activity |
|
Closed |
Insufficient
Evidence |
11/05/2003 |
|
|
2002014436 |
Licensed
Activity |
|
Closed |
Case
Closed - Other |
01/22/2003 |
|
|
2007024008 |
Licensed
Activity |
|
Under
Investigation |
|
|
|