FILED Departnwnt of bieiness and Profedianil xeyuigtion AGENCY CLERK CLERK Bvatte L Proctor Date 6/26/2010 STATE OF FLORIDA mee DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2009-041667 LISA R. WILSON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Patitioner” or “Department”), files this Administrative Complaint, against Lisa R. Wilson (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating practice of community association management pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Florida Statutes, and the rules the promulgated thereto, 2. At all times material to this complaint Respondent was licensed as a Community Association Manager in the State of Florida, license number CAM 13168. 3. Respondent’s address of record is 1746 Hidden Creek Blvd., Orlando, FL 32807, 4, On May 28, 2009, a complaint was filed by Sheila Hayward against Respondent alleging multiple violations of rules GA\OGC\Professions Boards\cama\A.C\2010\Wilson, Lisa 2009-041667 1 ST/Se 8d Ada SSBTETé6aS8 ce-Pl Bee /9T/8e ceipl oatoz at Bry and statutes regulating community association managers in the State of Florida, 5. At all times material to this complaint, Respondent worked as a Community Association Manager for HVS Corporation, d/b/a Holiday Villas (Villas), an Illinois corporation. 6. At ali times material to this complaint, Villas was the community association management (CAB) firm responsible for the management of Lucaya Village. Respondent was the Community Association Manager for the resort. 7, Lucaya Village is a Yesort community composed of approximately seventy-two (72) individually owned units, most of which are rented out for short terms of time. a, Among Respondent’s duties as CAM for Lucaya Village were to manage the rental system for each unit, collecting the rental fees from guests and distributing these fees minus a commission to the owners of the individual units. 9. During her performance of the rental management mentioned in paragraph eight (8), Respondent failed to make payments to owners from rental funds received for the rental of Lucaya Village units, 10. Respondent sometimes made payment toe the unit owners, but was late in doing so, and, on occasion, was at least fifty- five (55) days late in the distribution of rental payments due to individual owners. GAQGC \Wrofsssions Boards\camd\ACWG1 0\Wilean, Lisa 2009-041667 2 ST/9e Fad Ada SSBTETé6aS8 ce-Pl Bee /9T/8e ceipl oatoz at Bry 11. When owners have tried to contact Respondent about problems with the payments due, Respondent has refused to respond to their questions and has avoided communication. 12, Respondent has not complied with requests for decuments by unit owners nor members of the Board of Directors of the Lucaya Village Homeowner's Association (“Agssociation”.) 13. Respondent failed to account for the funds of the Association. 14. Respondent failed to exercise the judgment expected of a community association manager in incurring and paying expenses and did not follow the prescribed budget, which led to the Board of Association wrestling control of the bank accounts and funds from Respondent. 15. As this is a gated community, Respondent has refused to allow governmental agencies, unit owners and prospective renters to access Association property. Only renters who have paid and rented from Respondent have been permitted to enter the premises of Association. 16, Respondent refused tc allow Dee O’Brien, Senior Sanitation and Safety Specialist with the Department of Business and Professional Regulation, to enter the property to perform inspections on short-term rentals, 17. Respondent did not set aside any reserve funds in violation of Lucaya Village by-laws and Florida law. GA\OGC\Profeagiona Boarda\cama\AC\20] 0\Wilson, Lisu 2009-041667 3 GT/é@ od Ada SSBTETé6aS8 ce-Pl Bee /9T/8e SSitl otoz ot Bny 18, Respondent failed and refused to cooperate in the investigation of this complaint. 19. Petitioner reincorporates paragraphs one (1) through eighteen (18) above as if fully set forth, 20. Section 468.436(2)(b)(5), Florida Statutes, provides that a community association manager may he subject to discipline by the Department of Business and Professional Regulation for committing acts of gross misconduct or gross negligence in connection with the profession. 21. Respondent committed acts of gross misconduct or gross negligence in connection with the profession, in one or more of the following ways: a, By converting rental income due to unit owners to his own use; b, Failing to keep the books and records of the Association, including records concerning rental income, in an acceptable manner; q. Being delinquent in his payments to owners, in some cases being at least fifty-five (55) days late; d. By failing to exercise reasonable and due care with the expenditure of Association funds; GAOGC Professions Roarda\cams\AC\2010\ Wilson, Lisa 2000-041667 4 ST/8a Said dad 98TbTcbese éa-Pt OS:hT otoz oT Bny @Ta2 /9T/8a e. By failing and refusing to follow the approved Association budget. 22, Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, by committing acts of gross misconduct or gross negligence when he committed any of the acts or omissions outlined in paragraph 20. COUNT TWO 23. Petitioner reincorporates paragraphs one (1) through eighteen (18) and twenty-one (21) above as if fully set forth. 24. Subsection 455.227(1)(r), Florida Statutes, provides that a community asso¢iation manager may be subject to Giscipline by the Department of Business and Professional Regulation for improperly interfering with an investigation or inspection authorized but statute, or with any disciplinary proceeding. 25. Based on the facts set forth shove, Respondent violated Subsection 455,.227(1)(r), Florida Statutes, in one or more of the following ways: a. By refusing access to the property to Dee O’Brien, Senior Sanitation and Safety Specialist with the Department of Business and Professional Regulation, when she attempted to enter the property to perform inspections on short-term rentals; GAOGC\Professions Bourds\oums\AC\2010\Wilson, Lis 2009-041667 5 ST/6A Sad dad 98TbTcbese éa-pT Tae /oT/oe acipl otoz at Bry b, Failing and refusing to provide access to records of the Association to the Department, refusing to respond to Department inquiries; c. Failing to respond to inquires of the Department. 26, Based on the forgoing, Respondent violated Subsection 455.227(1) (x), Florida Statutes when she refused access to a Department inspector while she was attempting to perform inspections as required by law, failed and refused to provide properly requested information and materials to the Department. COUNT THREE 27, Petitioner reincorporates paragraphs one (1) through eighteen (18) above ag if fully set forth. 28. Subsection 468,.436(2) (a), Florida Statutes, provides that violation of any lawful order or rule rendered or adopted by the department constitutes grounds for which disciplinary actions may be taken. 29. Rule 61614-2.001(6) (a), Florida Administrative Code, states “a licensee shall not withhold possession of any original books, records, accounts, funds, or other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice, 30, Based on the facts set forth above, Respondent violated subsection 468,436(2) (a), Florida Statutes, through a GAOQGC|Professions Bourds\cums\A.C\20 10\Wilson, Lisa 2009.041667 6 ST/ST Fad Ada SSBTETé6aS8 ce-Pl Bee /9T/8e OS:hT otoz oT Bny violation of Rule 61H14-2.001(6) (a), Florida Administrative Code, in one or more of the following ways: a. Refusing to provide documents to members of the Board of Directors of lLucaya Village Homeowners Association when properly requested; b, Refusing to provide documents to individual unit owners when requested to do so; c. Refusing to provide information properly requested by the successor community association manager; d. Failing and refusing to provide documents and access to records when requested to do so by the Department. 31. Based on the forgoing, Respondent violated subsection 468,436(2) (a), Florida Statutes, through a violation of Rule O1E14-2.001(6) (a), Florida Administrative Code when she failed to comply with document requests from the listed owners, Association, community association manager, board members and the Department, COUNT FOUR 32, Petitioner reincorporates paragraphs one (1) through eighteen (18) above as if fully set forth. 33. Subsection 468.436(2) (a), Florida Statutes, provides that violation of any lawful order or rule rendered or adopted GAOGC\Frofeusions Bourds\wams\AC\2010\Wilson, Lisa 2009-041667 7 GT/TT 8d Ada SSBTETé6aS8 ce-Pl Bee /9T/8e OS:hT otoz oT Bny by the department constitutes grounds for which disciplinary actions may be taken, 34, Rule 61814~2,001(4) (b), Plorida Administrative Code, States “a licensee shall not knowingly fail te comply with the requirements of the documents by which the association is created or operated so long as such documents comply with the requirements of law.” 35. Based on the facts set forth above, Respondent violated subsection 468.436(4) (b), Florida Statutes, through a Violation of Rule 61E14-2.001(6) (a), Florida Administrative Code, in one or more of the following ways: a. By failing to establish and fund reserve funds as required by association by-laws and Florida law; b. By comingling Respondent's funds, those of her corporation and the funds of the Association. 36. Based on the forgoing, Respondent violated subsection 468.436(2) (a), Florida Statutes, through a violation of Rule 61E14-2,001(6) (a), Florida Administrative Code when she knowingly violated by-laws of the association which she managed and Florida law. COUNT FIVE 37. Petitioner reincorporates paragraphs one (1) through thirty five (35) above as if fully set forth, GAQGC\Professions Boards\cams\AC\2010\Wilgon, Liaa 2009-041667 8 GTféT Fed Ada SSBTETé6aS8 ce-Pl Bee /9T/8e acipl otoz at Bry ST/ET 38. Rule 61E14-2.001(4) (a), Florida Administrative Code, states, “A licensee shall exercise due professional care in the performance of community association management services. 39, Based on the forgoing, Respondent violated subsection 468.436(2) (a), Florida Statutes, through a violation of Rule 61H14-2,001(4) (a), Florida Administrative Code when she knowingly violated by-laws of the association which she managed and Florida law; when she failed to maintain proper records, failed to timely pay unit owners for rental fees received, refused to allow inspection of units, refused to provide books and records to unit owners, the Board of Directors, the Department, the successor community association Manager and to the Association, utilized Association property for her own individual purposes, and failed to fund reserve accounts. WHEREFORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine of five thousand dollars (85,000.00) for each count of this complaint, issuance of a reprimand, placement of Respondent on probation, corrective action, or any other relief that the Department deems appropriate. GAOGC\ Professions Boarda\cums\AC\2010\Wilson, Lies 2009041667 9 aevd adaa 9816 Tz6ace Zeipl alaz/styea 2o:pT obtoz oT Bny ST/PT Signed this By: DMM/jpw Probable Cause Found: May 14, By: Diane Marger Moore day of May, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Diane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation Office of the General Counsel 1540 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (850) 414-6749 Facsimile 2010 GAOGC\ Professions Hoardaleams\ACW010\Wilson, Liss 2009-041667 Fad 2Sipl otoz at Bry dad 98TbTcbese éa-Pt Bia /9T Be NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accerdance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued cn her behalf if a hearing is requested, Rule 28-106,111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF Costs Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this Imatter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Proftesions Boards\cama\AC\2010\Wilaon, Liza 2009-041667 11 ST/ST Fed Ada SSBTETé6aS8 ce-Pl Bee /9T/8e 2o:pT obtoz oT Bny

Docket for Case No: 10-007597PL