aa STATE OF FLORIDA ed DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA’ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. DBPR Case No. 99-00523 ROBERT E. TAYLOR, JR., Respondent. / eee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint against Respondent, ROBERT E. TAYLOR, JR., 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 VIIL, Florida “Statutes. 2. Respondent is duly licensed as a Community Association Manager in the State of Florida, License No. CAM 0017258. 3. Respondent’s address of record is 7655 SW 153” Court, Unit #201, Miami, FL 33193, 4. On or before September, 1997, Respondent was employed by the Seacoast 5151 Condominium Association, Inc., a Florida non-profit corporation, hereinafter referred to as the "Association." 5. On September 30, 1997, the Association entered into a management agreement with ; South Florida Management, Inc., a Florida corporation, hereinafter referred to as "South Florida", whereby, South Florida would provide community association management for the association for a one year period October 1, 1997 to September 30, 1998 to be renewed annually. 6. South Florida is registered as a community association management business entity with Respondent's name listed as the community association manager licensee. 7. Bob Rosen signed the agreement on behalf of South Florida. 8. Per the management agreement, South Florida's compensation was $20,000.00 due upon execution of the agreement and $10,000.00 for services rendered, payable monthly. 9. At all times material hereto, Respondent was paid and employed by the Association. 10. According to the Department of State, Division of Corporations, South Florida's principal, president and director is a Bob Rosen a/k/a Robert Rosen, hereinafter referred to as "Rosen." 11. The Association also entered into an "Individual Consulting Agreement" with Bob Rosen, as President of Rosen Consultants, Inc., a Florida corporation, for "personal and individual I --- Services as a consultant for the association over and above those services provided and found in the Management Agreement," with compensation to Rosen as $5,000.00 balance for 1997 and $10,000.00 each year thereafter. 12. Rosen had been licensed as a community association manager with the State of Florida but said license was revoked by Department of Business and Professional Regulation by Final Order 94-00001607, on March 24, 1994. 13. Respondent admits that The President of the Association, as of September 1997, Ivan Goodkin introduced Respondent to Rosen and told Respondent to report to Rosen and that Rosen was his "new boss." 14. Rosen was issued a Cease and Desist Order from the Department in a related case, DBPR Case No. 98-21597, dated October 9, 1998. 15. A civil lawsuit was filed by the Association in United States Bankruptcy Court for the Southern District of Florida, Case No. 99-11096-BKC-AJC, against South Florida, Rosen Consultants, Inc., Rosen and Respondent to recover preferential and fraudulent transfers, to recover money damages, to equitably subordinate claims and for declaratory relief. COUNT ONE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen, as though fully set forth in this Count One. . 17. Section 455.227(1)(j), Florida Statutes, states that aiding, assisting, procuring, employing or advising any unlicensed person or entity to practice in the profession as a community association manager is a violation for which disciplinary action may be taken. 18. Rosen participated in the management of the Association by controlling and : disbursing funds, negotiating contracts with vendors, presiding over meetings, preparing budgets “ ; and special assessments, calling special meetings, scheduling and monitoring elections, 19. During the investigation of Respondent, Respondent admitted that he knew Rosen did not have a community association manager license. 20. Respondent worked for Rosen, although paid by the Association, and exerted no supervisory authority over Rosen. 21. Based on the forgoing, disciplinary actions may be taken pursuant to Sections 468.436(1)(a) through a violation of 455.227(1)(j), Florida Statutes, for Respondent’s aiding and assisting in Rosen's unlicensed activity at the Association. COUNT TWO 22. Petitioner realleges and reincorporates the allegations set forth in paragraphs one through fifteen, as though fully set forth in this Count Two. 23. Rule 61-20.503(6)(a), Florida Administrative Code, provides that a licensee shall deliver books, records, accounts or funds other property within twenty days upon request by the community association. 24. — Rule 61-20.503(6)(a), Florida Administrative Code, provides that a violation of same shall be deemed "gross misconduct" pursuant to Section 468.436(2), Florida Statutes. 25. Sixty four unit owners of the Association signed and hand delivered a letter dated December 18, 1998 to Respondent, requesting copies of the audited financial statements, journals, general ledger, payroll ledger, cash disbursement records, accounts payable, invoices, and cancelled checks and requesting access to those records. 26. The President of the Association, Eugene Rockman, requested in a written letter ‘to Rosen, with a carbon copy provided to Respondent, a copy of the reconciliation of the bank : Statements due to the contradictory statements made by Rosen regarding the balance in the account. 27. The unit owners, officers and directors of the Association never received the requested information. 28. Based on the forgoing, disciplinary actions may be taken pursuant to Sections 468.43 6(2) through a violation of Rule 61-20.503(6)(a), Florida Administrative Code, for Respondent’s failure to produce the information requested by the association. COUNT THREE 29. Petitioner realleges and reincorporates the allegations set forth in paragraphs one through fifteen, as though fully set forth in this Count Three. 30. Rule 61-20.503(5), Florida Administrative Code, states that a licensee shall not permit others under his control to commit on his or its behalf, acts or omissions which, if made by the licensee or registrant would place in violation of Chapter 468, Florida Statutes, and such violation will be deemed gross misconduct. 31. In the alternative, if Respondent, as the licensed community association manager, did supervise the day to day activities of Rosen at the Association, Respondent would have been vicariously aware that Rosen received numerous requests from the unit owners for records, receipts and documents of the Association. 32. The President of the Association, Eugene Rockman, in a November 30, 1998 letter to Rosen reiterated that documents were needed pursuant to a deposition duces tecum regarding the Association and that the vast majority of documents requested were not received from Rosen, thus adversely affecting the association in the deposition. 33. The President of the Association, Eugene Rockman, requested in a written letter to Rosen, with a carbon copy provided to Respondent, a copy of the reconciliation of the bank ~~ Statements due to the contradictory statements made by Rosen regarding the balance in the account. . 34, The unit owners failed to receive any of the information requested. 35. Based on the foregoing, Respondent violated Rule 61-20.503(8)(a), Florida Administrative Code, for which disciplinary actions may..be taken pursuant to Sections 468.436(1)(b)(5) and 455.227(1)(f), Florida Statutes, by failing to provide on copies of records, receipts or documents to the Association through his supervisory capacity of Rosen. COUNT IV 36. Petitioner realleges and reincorporates the allegations set forth in paragraphs one through fifteen, as though fully set forth in this Count Five. 37. Rule 61-20.503(4)(a), Florida Administrative Code, states that a licensee shall exercise due professional care in the performance of its management activities and that failure to use professional care shall constitute gross misconduct for which disciplinary actions may be taken pursuant to Sections 468.436(1)(b)(5) and 455.227(1)(f), Florida Statutes. 38. Respondent was aware of the exorbitant salary charged by South Florida and Rosen Consultants, Inc., for their "management" and “consulting services" under the afore-referenced agreements. 39. Respondent was familiar with the financial situation of the Association as an employee of same and as the licensed community association manager, was responsible for the financial management of the Association. 40. Respondent knew or should have known that these payments to South Florida in addition to Respondent's own salary paid by the corporation, caused a financial strain on the Association. 41. Based on the foregoing, Respondent violated Rule 61-20.503(4)(a), Florida a Administrative Code, for which disciplinary actions may be taken pursuant to Sections 468.436(1)(b)(5) and 455.227(1)(), Florida Statutes, by failing to exercise due professional care in the financial management of the Association. WHEREFORE, Petitioner respectfully requests the Regulatory Council of Community Association Managers to enter an Order imposing one or more of the penalties authorized by ” Sections 468.436(3), and 455.227(2), Florida Statutes. vans SIGNED this_% dayof_Je! ¥ , 2000. e Sy Cope ' By: David K. Minacci Lead Professions Attorney FILED COUNSEL FOR DEPART) Department of Business and Professional Regulation fe) DEPUTY CLERK Allison H. Deison 7 - 9-00 MN 11, / / Senior Attorney cuerk Lotandon . Fla. Bar No. 0143855 - 19 -2000 Department of Business and DATE Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 AED Case No. 99-00523 July 6, 2000 \

Docket for Case No: 00-004037PL