MARCENA DAIL,

,. F/L ...

rrs t D

r,7jJ

STATE OF FLORIDA 8 fl.fr/

DIVISION OF ADMINISTRATIVE HEARINGS D1v1s,/,; ' ]] 32

srR"- .,.,

'--'r-

4D!.ff tv1 '"'li Op

"l Ncs c

11 c,4 n1 ""' I I YI:."'

Petitioner,

vs. DOAH Case No.:

ALBERT DOCOBO and REGATTA BEACH CLUB

CONDOMINIUM ASSOCIATION, INC.,

Respondents.                            I

ADMINISTRATIVE COMPLAINT

COMES NOW Petitioner, MARCENA DAIL, by and through undersigned counsel, and files this Administrative Complaint against Respondents, ALBERT DOCOBO and REGATTA BEACH CONDOMINIUM ASSOCIATION, INC, and states as follows:

1. This is an administrative complaint pursuant to the laws of the state of Florida and of the Code of Pinellas County, Florida;

2. The Division of Administrative Hearings and Appeals has jurisdiction over this matter pursuant to Ch 70 of the Code of Pinellas County, Florida.

   PARTIES

   
   

3. Petitioner, Marcena Dail, hereinafter "Dail", is an individual over the age of 18 who at all times material hereto resided, as co-owner, at Regatta Beach Condominiums, 880 Mandalay Avenue, Unit C-307, Clearwater, Pinellas County, Florida, where the events giving rise to this complaint occurred;

4. Respondent Albert Docobo, hereinafter "Docobo" is an individual over the age of 18 who at all times material hereto served as President of the Regatta Beach Club Condominium Association, hereinafter "Regetta Beach" located in Pinellas County, Florida.

   
   

   
   

5. Respondent Regatta Beach is a Florida not-for-profit association created under chapter 718, Florida Statutes, with its principal place of business in Pinellas County, Florida.

6. At all times material to this Complaint, Regetta Beach was vicariously liable for the acts of Docobo.

   GENERAL ALLEGATIONS

   
   

7. At all times material to this Complaint, Dail was and continues to be a female whose sexual orientation is protected by Ch 70 of the Pinellas County Cade from discrimination in the terms, conditions or privileges of sale or rental of a dwelling, or in connection with providing services or facilities in connection with such sale or rental.

8. The Pinellas County Code §70-176(b) states, in pertinent part: "[a] person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, because of ...sexual orientation".

   FACTS

   
   

9. At all times material hereto Dail resided in condominium Unit 307, titled in the name of her mother, Virginia Dail, and/or a family trust.

10. On or about December 14, 2005, Virginia Dail executed a Durable Family Power of Attorney, appointing Marcena Dail to serve as her agent and lawful attorney-in-fact for all matters related to ownership of condominium Unit 307 at Regatta Beach. Virginia Dail executed a similar Power of Attorney in favor of Marcena Dail in January, 2010. The Power­ of-Attorney(s) implicitly grant Marcena Dail the right to attend and participate in meetings of the Regatta Beach Condominium Association and to vote in the annual election for the

    
    

    
    

    Board of Directors and on other agenda items and matters.

    
    

11. Dail presented the Power-of-Attorney to Board President, Docobo, and/or others acting on his behalf or under his control;

12. Dail presented the Power-of-Attorney to enable her to attend meetings of the Condominium Association and to cast votes at elections for the Board of Directors and/on agenda items and other matters at such meetings;

13. While acting in the course and scope of his duties as President of the Board of Regetta Beach, Respondent Docobo refused to accept Dail's Power-of-Attorney primarily because of her sexual orientation, citing spurious grounds, excluded her from participating in Condominium Association meetings and prevented her from voting in elections for the Board of Directors and/or on agenda items and other matters;

14. Primarily because of Dail's sexual orientation, Docobo refused to allow Dail to participate in or be heard at Community Association meetings, ostracized Dail and used disparaging remarks regarding her sexual orientation to others, including a former President of the Board of Directors;

15. Inter alia, Docobo stated "I don't give a rat's ass about that lesbian," and "we don't want lesbians living here";

16. These remarks were made in the presence of other residents and employees of Regetta Beach.

    COUNT I

    VIOLATION OF PINELLAS COUNTY CODE 70-176 BY RESPONDENT ALBERT DOCOBO

    
    

17. Petitioner realleges paragraphs 1 through 16;

    
    

18. This count is against respondent Docobo.

    
    

19. Each of the acts alleged herein by Docobo occurred while he was acting in the course and scope of his duties as President of Defendant, Regetta Beach.

20. This count arises under Pinellas County Code§ 70-176 (b) , which provides that "[a] person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, because of ...sexual orientation".

21. On numerous occasions, Docobo implemented discriminatory policies against Dail based on her sexual orientation, preventing her from participating in Association Meetings and voting in elections for the Board of Directors and/or on agenda items, and therefore discriminated against her in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, in violation of the Pinellas County Code;

22. On numerous occasions, Docobo disparaged Dail's sexual orientation through comments, and therefore discriminated against her in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, in violation of the Pinellas County Code.

23. As a result of Docobo's actions, Dail has suffered the loss of use of her condominium unit, loss of business opportunity, mental anguish, loss of capacity for the enjoyment of life, and other monetary damages. These losses and expenses are permanent and continuing and she will continue suffering these losses in the future.

24. As a result of Docobo's actions, Pinellas County is entitled to an award of administrative penalties against Docobo;

25. As a result of Docobo's actions and the filing of this administrative complaint,

    
    

    
    

    Petitioner's attorney is entitled to an award of costs, including attorney's fees;

    
    

26. Petitioner Dail timely filed a complaint of housing discrimination based on sexual orientation with the Pinellas County Office of Human Rights;

27. After a full investigation of the matter, the Pinellas County Office of Human Rights issued a finding that there was cause to believe that Petitioner, Marcena Dail, was the victim of discrimination based on her sexual orientation in violation of the Pinellas County Code.

    WHEREFORE Petition prays for an award of damages against Respondent Docobo, an assessment of administrative penalties, her costs, including attorney's fees, and such other relief as is deemed proper.

    COUNT II

    
    

    VIOLATION OF PINELLAS COUNTY CODE 70-176

    BY RESPONDENT REGATTA BEACH CONDOMINIUM ASSOCIATION, INC.

    
    

28. Petitioner realleges paragraphs 1 through 27.

    
    

29. This count is against Respondent, Regatta Beach Condominium Association, Inc., hereinafter "Regatta Beach".

30. Regatta Beach is vicariously liable for the acts of its President, Respondent Docobo, while he was acting within the scope of his authority as President of the Association.

31. Each of the acts alleged herein by Docobo occurred while he was acting in the course and scope of his duties as President of Regatta Beach;

32. This count arises under Pinellas County Code§ 70-176 (b), which provides that "[a] person may not discriminate against any person in the terms, conditions or privileges

    
    

    
    

    of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, because of ...sexual orientation".

33. On numerous occasions, as set out more specifically above, while implementing discriminatory policies against Dail's right to participate in Community Association meetings and cast votes in elections for the Board of Directors and/or on agenda items and other matters.

34. Docobo made disparaging references to Dail's sexual orientation and therefore discriminated against Plaintiff in the terms, conditions, or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with such sale or rental, in violation of the Pinellas County Code.

35. As a result of the actions and vicarious liability of Regatta Beach, Dail has suffered loss of use of her condominium unit, loss of business opportunity, mental anguish, loss of capacity for the enjoyment of life, and other monetary damages. These losses and expenses are permanent and continuing and she will suffer the losses in the future.

36. As a result of the actions and vicarious liability of Regatta Beach, Pinellas County is entitled to an award of administrative penalties against Regatta Beach;

37. As a result of the actions and vicarious liability of Regatta Beach and the filing of this administrative complaint, Petitioner's attorney is entitled to an award of costs, including attorney's fees.

WHEREFORE Petitioner prays for an award of damages against Respondent Regatta Beach Condominium Association, Inc., an assessment of administrative penalties, her costs, including attorney's fees, and such other relief as is deemed proper.

Dated: January 30, 2013

Respectfully submitted,

/s/ LYDIA S CASTLE, ESQ. LYDIA S. CASTLE, ESQ. FBN 214604

email: lydiagls@hotmail.com

GULFCOAST LEGAL SERVICES, INC.

641 1st Street South

St. Petersburg, FL 33701 Ph.: (727) 821-0726

FAX: (727) 499-6969

Counsel for Petitioner

Docket for Case No: 13-000471