DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — if FLORIDA REAL ESTATE COMMISSION STATE OF FLORIDA meget 205 JAN 28 A HE uO FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, SU DIVISION OF REAL ESTATE, Sek ht Petitioner, vs. FDBPR Case N° 2002010798 2002010794 ALAN E. VORDERMEIER AND SUZANNE V. WATERHOUSE. Respondents. Cs” O AT / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Alan E. Vordermeier and Suzanne V. Waterhouse (“Respondents”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the tules promulgated pursuant thereto. 2. Respondent Alan E. Vordermeier is and was at all times material hereto a licensed Florida real estate broker, issued license number 91949 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Vordermeier Management Co., 2132 E. Oakland Park Blvd., Ft. Lauderdale, Florida 33306. FDBPR v. Alan Vordermeier Case No. 2002010798 Administrative Complaint 3. At all times material, Respondent Suzanne V. Waterhouse also known as Suzanne V. Vordermeier-Waterhouse, was a licensed real estate broker, issued license number 458546 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as a broker with Vordermeier Management Co., 2132 E. Oakland Park Blvd., Ft. Lauderdale, Florida 33306. 4. At all times material, Vordermeier Management Co. was an active real estate brokerage company. 5. That on or about October 1%, 1991, Respondent Alan Vordermeier as President for Vordermeier Management Co. entered into an agreement to manage real property owned by The Damecafe Trust commonly described as 970-988 West Prospect Road (West Prospect). A copy of the Management agreement is attached hereto and made a part hereof as Exhibit 1. 6. At times material to this complaint, Respondent Suzanne V. Waterhouse was an agent of Vordermeier Management Co. responsible for managing the West Prospect property. 7. That for approximately three year before February of 2002, the Respondents in their reports to owners of the West Prospect property were indicating that a rental storage unit described as 970 BCD, a part of the West Prospect Property, was vacant and unrented. 8. That on February 8, 2002, an agent for the owners of the West Prospect property, Albert Donadio, inspected the rental storage unit 970 BCD and found in the unit a number of personal property items belonging to Respondents and Vordermeier Management Co., including motorcycles, personal items and business materials. FDBPR v. Alan Vordermeier Case No. 2002010798 Administrative Complaint 9. That Respondents never informed the owner of their use of unit 970 BCD or requested to use on either a short term or rental basis unit 970 BCD. 10. That the owner of the West Prospect Property never knew of the Respondents’ use of unit 790BCD or gave to the Respondents permission to use that property. 11. Respondents admit that they used the rental unit 970 BCD without the knowledge or permission of the owners but state that it was only for about a two week period and part of the materials were to be used in connection with the renovation of parts of the West Prospect property. 12, Respondents, however, had used the storage unit 970 BCD in December of 2000 to store real estate signs and tools. COUNT I Based upon the foregoing, Respondent Alan Vordermeier is guilty of misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. COUNT II Based upon the foregoing, Respondent Suzanne Waterhouse is guilty of misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the FDBPR v. Alan Vordermeier Case No. 2002010798 Administrative Complaint Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61J2-24.001. FDBPR v. Alan Vordermeier Administrative Complaint SIGNED this__[ J Case No. 2002010798 day of_AJovEmbey_ , 2004, aaa 7 ; ark pyssien of Peat Esta ; — 1.1 oie a ACP/k PCP: BB/PH 11/04 Yoana Guna ghon (esx Fra epartment of Business dnd Professional Regulation By: Director, Division of Real Estate ATTORNEY FOR PETITIONER Alpheus C. Parsons, Senior Attorney Florida Bar N° 0607721 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative FDBPR vy. Alan Vordermeier Case No. 2002010798 Administrative Complaint Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. VORDERMEIER MANAGEMENT Co. yarn - c “ fio b € fpr oa can 1805 JAN 28 Ade 4! At Post Office Box 24627 / Fort Lauderdale, Florida 33307 / 305+ 566-1661 MANAGEMENT AGREEMENT PARTIES EXCLUSIVE AGENCY RENEWAL TERMINATION RENTING OF PREMISES AGENT TO NEGOTIATE LEASE MONTHLY STATEMENTS SEPARBTE OWNERS” FUNDS) bonpe La Oo ~™ STRATIVE CO Mt BIT PAGE In consideration of the covenants herein contained Albert Donadio (hereinafter called "Owner"), and Vo meier Management Co, 1, The Owner hereby employs the Agent exclusively to rent, lease, operate and manage the property known as 970-988 West Prospect Road pect R oe (hereinafter called “Agent"), agree as follows: —____. upon the terms hereinafter set forth for the period of One (1 e beginning on the ls r day of 0 q Y ben 19 qo , ond ending on the 30 in —__. day of T xa 19 4 Zz ond thereafter for annual periods unless on or before sixty (60) days prior to the date last above mentioned, or on or before thirty (30) days prior to the expiration of any such renewal perlod, either party hereto shall notify the other in writing of an intention to terminate this agreement in which case this agreement may be ter- minated prior to the laat mentioned date. Either party may terminate this agreement upon thirty (30) days written notice after the expiration of __ 8 _ months of the original term. 2. The Agent accepts the employment and agrees: 8) To use due diligence in the management of the premises for the period and upon the terms herein Provided, and agrees to furnish the services of his/its organization for the renting, leasing, operating and managing of the herein deacribed Premises. b) To render monthly statements of receipts, expenses and charges and to remit to Owner receipts less disbursements. In the event the disbursements shall be in excess af the rents collected by the Agent, the Owner hereby agrees to pay such excess Promptly upon demand of the Agent, ©) To deposit all receipte collected for Owner (less nny sums properly deducted or otherwise provided herein} in a Trust ac count in a national or state institution quulified to engago inthe banking or trust business, separate from Agent's personal account, However, Agent will not be held liable in event of bankruptcy or failure of « depository, d) Agent's employces who handle or are responsible for Owner's monies shall be bonded by a fidelity bond in adequate amount, » The owner h ereby appolnta the ageat aaits attorney in fact with Lhe foliowing authority and powers and agrees to assume the expenses in connection therewiLh: . 4) To prepare leases and extensions thercof for the premises on behalf of the owner as its attorney in fact. b) To advertise the availability for rental of the herein described premises or any part thereof, and to display “for rent" signs thereon; to sign, renew and/or cancel leases for the premises or any part thereof; to collect renta due or to become due and give receipts therefor; to terminate tenancies and to sign and serve In the name of the Owner auch noti propriate; to institute and prosecute actions; to evict tenants and to recovor possession of aaid premises; to sue for in the. ,comprom! tons or suits or reinstate such tenancies, Any lease executed for the Owner by tha agent shall not exceed ___five a C&S ci To mane ur cause to be made and supervise repairs and aiterations, and todo decorating on said Premises; to purchase sup- plies and pay all bills therefor. The Agent agrees Lo secure the prior approval of the Owner on allexnenditures in prraaa af $1,500.00 foranvanniiom nvannt mant hte PaYABLES b) The agent is hereby instructed and authorized to pay mortgage indebtedness, properly acd ca:ployee taxes, special assessments, and to place fire, ability, steam boiler, pressure vessel, or any other insurunce required, and the Agent ia hereby directed to accrue and puy for sarhe from the Owner's funds, with the following exceptions: —:_.... F0H SALE c) During the term of thin agreement, pursuant Lo the method described in Parayraph } hereol, Owner shall recoguize A rf BUT ESEVE as the broker in any pegatintions of said premises, or any part thereof, and in the event of the consummation therual, Owner shall pay to Agent a commission therefor at the rate prescribed on Paragraph 4d} hereof. d To pay the Agent: (1) For Manngeinent minimum $300, 00 per month or 6 6% of Gross Annual Rent per year up to and ** £ Gross * {2) For Leasing-..-.-.. = we eee (3) For Modernization. N/A bee ce tenets tutes vues teagcaees cee omnes ct Lie wn bee eee ee {4) For Kefinuncing. . By Agreement — cee cameras anes pee emcsmmenny tant wee - . isForgae , 0% Of Purchase Price nee oe oe . (6) For Fire Restoration BY, Agreement: feu ee ee (1)}Other . ccenecnemnne ene sete A nce ene AS pace eee ‘(1)* Monthly Income, whichever {8 BreStens 0 sews om (2)** Including threeyears, payable_ upon _signing and 50% upon, occupancy. Other ltems of Mutual Agruement. . _ cee wee cca ee te This Agreement shull be binding upon Lhe successors and osaigns of the Agent, and the huira, adininistrators, executors, SUC™ cessors and assigns of the Owner. . IN wie WHERBOF the parties hereto have affixed or caused lo be affixed their reapective signatures thie SL eae BBY LL. oa ne 9 QL... [Dsned? Albert Donadio : ADMINISTRATIVE agp _ApyFermeier, Pres. Agent EXHIBIT # \ oo PAGE __ 2. «OF — _____——

Docket for Case No: 05-000371PL

Issue Date	Proceedings
Mar. 17, 2005	Order Closing File. CASE CLOSED.
Mar. 17, 2005	Motion to Relinquish Jurisdiction (filed by Petitioner).
Mar. 07, 2005	Respondents` Response to First Request to Produce filed.
Mar. 07, 2005	Respondent`s Notice of Service of Answers to Petitioner`s First Interrogatories filed.
Mar. 07, 2005	Respondent`s Response to Petitioner`s First Request for Admissions filed.
Feb. 14, 2005	Order of Pre-hearing Instructions.
Feb. 14, 2005	Notice of Hearing (hearing set for March 31, 2005; 9:30 a.m.; Lauderdale Lakes, FL).
Feb. 04, 2005	Respondent`s Response to Initial Order filed.
Feb. 03, 2005	Amended Joint Response to Initial Order filed.
Feb. 03, 2005	Petitioner`s Notice of Service of Petitioner`s First Request for Admissions and Petitioner`s First Interrogatories and Petitioner`s First Request for Production on Respondents Alan E. Vordermeier and Suzanne V. Waterhouse filed.
Feb. 03, 2005	Unilateral Response to Initial Order filed.
Jan. 28, 2005	Initial Order.
Jan. 28, 2005	Administrative Complaint filed.
Jan. 28, 2005	Request for Formal Administrative Hearing filed.
Jan. 28, 2005	Agency referral filed.