Apr 11 2006 13:15 @4/11/20686 1:12 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2005-040414 2005-027839 JOEL L. MESSINGER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against JOBL L. MESSINGER, ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of community association management pursuant to Section 20.165 and Chapters 455 and 468, Part VII, Florida Statutes. 2. Respondent is licensed in the State of Florida as a Community Association Manager, having been issued license numbered CAM 1448. 3. Respondent's address of record with Petitioner is 2687 North Ocean Boulevard, Boca Raton, Florida 3343]. 4. On May 23, 2005, the Department of Business and Professional Regulation received a complaint from Jim Boyle (“Boyle”) alleging Respondent, Joel L. Messinger, d/b/a Community Association Services, Inc., refused to provide documents conceming the management and financial records of the Cedar Cay Homeowners Association. Jim Boyle is the President of Cedar Cay Homeowners Association. Apr 11 2006 13:15 @4/11/20686 1:12 8584146749 DEPR OGA PAGE @4/ae 5. In a letter dated June 2, 2005, Boyle requested specific records from the Respondent. However, Respondent failed to provide the specific records requested by Boyle. The specific records included Cedar Cay Homeowners Association’s 2003 financial information and official documents including bids, purchase orders, invoices, and bank records. Additionally, ‘Cedar Cay Homeowners Association requested specific items from the Respondent by a letter dated October 4, 2005. The items identified and requested in the letter included: accounting records for the Association for 2003, including, but not limited to accurate, itemized, and detailed records of all receipts, purchase orders, invoices, and expenditures; detailed vendor payment history; all audits, reviews, accounting statements, and financial reports of the Association for 2003; all contracts for work to be performed; all contracts of work performed during 2003; bank statements from all banking institutions, such as CDs, money market or investment funds, where the Association has funds; any endorsement stamps, deposit books or passbooks for all the Association’s financial accounts; and tax retums for 2003; reserve’ report activity, contributions and withdrawals, including Board authorizations; any documentation regarding the maintenance of the common areas; any book or books which contain the minutes of meetings of the Association, the Board of Directors, and the unit owners for 2003: all ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners from 2003. 6. In addition, the Department of Business and Professional Regulation received an additional complaint on May 23, 2005, from Mark Gold (“Gold”) alleging Respondent refused to provide documents concerning the management and financial records of the Costa Del Rey Condominium Association, Inc. 7. On Febmary 11, 2005, Becker & Poliakoff, P.A., legal representation for the Costa Del Rey Condominium Association, sent a certified letter to Respondent that requested the Apr 11 2006 13:15 @4/11/20686 1:12 8584146749 DEPR OGA PAGE @5/@8 following missing records and property from Respondent: paid Dills/invoice files, bank reconciliations, and canceled checks; engineering drawings and reports prepared by Grant Engineering, with respect to a drainage issue or matter at the Condominium; the budget for the 2005 fiscal year, including any and all drafts thereof and papers or materials utilized in the preparation of the budget; all contracts to which the Association is a party; all forms, letters or other materials and paperwork related to the insurance claim or claims of the Association with respect to Hurricane Frances and Jeanne; detailed trial balance for the entire period for which Respondent served as the Association’s management agent; minutes of all Board meetings held since May 2004; original affidavits concerning the provision of notice to the members of the Association for its upcoming annual meeting, February 26, 2005; and the current roster of all unit owners including addresses and telephone numbers, 8. Kris Tauber, the designated contact person for Respondent, stated that all of the pertinent information has been provided to Cedar Cay Homeowners Association and Costa Del Rey Condominium Association. Tauber provided copies of the material that has been issued to and received by Cedar Cay Homeowners Association and Costa Del Rey Condominium Association, 9. Both Cedar Cay Homeowners Association and Costa Del Rey Condominium Association have indicated that Respondent is no longer employed by either of them; however, both have expressed concerns about the missing documentation as the requested information is needed for tax and insurance purposes. 10. Section 468,436(1)(b)(5), Florida Statutes, provides: Committing acts of gross misconduct or gross negligence in connection with the profession shall constitute grounds for which the disciplinary actions in subsection (3) may be taken. @4/11/20686 1:12 il. 12, Apr 11 2006 13:16 asadide749 DEPR OGA Chapter 61C+20.503(6)(a), Florida Administrative Code, provides: PAGE 86/88 A licensee or registrant shall not withhold possession of any original books, records, accounts, fonds, or other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice, Reasonable notice shall extend no later than 20 business days after receipt of a written request from the association, The provisions of this mile apply regardless of any contractual or other dispute between the licensee and the community association, or between the registrant and the community association. It shall be considered gross misconduct, as provided by Section 468.436(2), F.S., for a licensee or registrant to violate the provisions of this subsection. Based on the foregoing, Respondent violated Section 468.436(1)(b)(5), Florida Statutes, through Chapter 61C-20.503(6)(a), Florida Administrative Code, by committing acts of gtoss misconduct by withholding the specific records and documents requested by Cedar Key Homeowners Association and Costa De] Rey Condominium Association, Inc. WHEREFORE, Petitioner respectfully requests the Board to enter an Order imposing one or more of the penalties authorized Section 455 .227(2), Florida Statutes, which includes, but is not limited to: imposition of an administrative fine not exceeding five thousand dollars ($5,000.00) for each count or separate offense, E D Department of Business and Profeesiona) Regulation CLERK Sopa 2. bein oy /~ 18-2006 DAT AGENCY CLER Counsel for the Department: Jessica Leigh Assistant General Counsel Florida Bar No. 0011979 K SIGNED this |) day of JANUAR PE _ 2006. Department of Business and Professional Regulation Apr 11 2006 13:16 DEPR OGA PAGE 87/88 O4/11/26686 1:12 8584146749 1940 North Monroe Street Tallahassee, Florida 32399-2202 Telephone: (850) 488-0062 Facsimile: (850) 414-6749 JL/nlv Case No. 2005-04041 4 2005-027839 PCP: jalaqloS CRT

Docket for Case No: 06-001226PL