Jan 19 2006 19:05 @1/19/2886 18:48 8584146749 DEPR OGA PAGE @2/a7 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2003-000602 CARLOS M. ARTEAGA, Respondent. “ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION ("Petitioner"), files this Administrative Complaint against Respondent, CARLOS M. ARTEAGA ("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 VILL Florida Statutes. 2. Respondent is duly licensed in the State of Florida as a community association manager ("CAM"), license numbered 6843. . 3. Respondent’s address of record with Petitioner is 2500 NW 97" Ave., Suite 100, Miami, Florida 33172. 4, Respondent is the owner of SPM Group ("SPM"), the community association management company for Vista del Lago Condominium Association, Inc. ("Vista"). 5. On or about November 19, 2002, Vista unit owners sent a letter to SPM requesting copies of various records, including the management contract, financial statements, contracts, loans, cash flow reports and maintenance fee allocations. Jan 19 2006 19:06 @1/19/2886 18:48 8584146749 DEPR OGA PAGE 83/87 6. Rule 61-20.503(6)(b), Florida Administrative Code, provides that a licensee should not deny access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by law. 7. Respondent failed to provide the requested records, in violation of rule 60- 20.503(6)(b), Florida Administrative Code. g. Tn February 2003, the Vista board was recalled. 9. In April 2003, the Department’s Division of Land Sales, Condominiums, and Motile Hotties ("DLSCMH") held an arbitration hearing to determine the validity of the © February 2003 recall of the Vista board. 10. The DLSCMH issued a Recall Arbitration Final Order on May 2, 2003, finding that the recall wag valid and directing all Association records to be tured over immediately to , the newly elected board. 11. Rule 61-20.503(6)(a), Florida Administrative Code, provides that a licensee shall not withhold possession of any original books, records, accounts, funds, ot other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice. 12. Respondent failed to tum over the Association records, in violation of rule 60- 20.503(6)(a), Florida Administrative Code. 13. Onor about May 14, 2003, the DLSCMH issued an Order Directing Compliance reminding the recalled board of its legal obligation to deliver the Association records to the new board members. 14, Qnor about June 3, 2003, Rodolfo Borjas ("Borjas"), a metnber of the new Board, indjeated to the Department’s investigator that SPM still refused to turn over the Association - Jan 19 2006 19:06 @1/19/2886 18:48 8584146749 DEPR OGA PAGE @4/a7 hae. records. 15. On or about July 1, 2003, the Eleventh Cirowit Court, Miami-Dade County, in i Case Number 03-11465 CA 10, issued an Order Granting Emergency Injunction ordering the old Board to deliver to Borjas all checkbooks, bank statements, Tax LD. Number, aged balance report, unit owner roster, minutes of meetings, condominium documents, contracts, accounts receivables, accounts payables, funds and any other document or item of personal property pertaining to the Association. 16. Otor about September 17,2003, Borjas ‘advised the Department's investigator that SPM failed to deliver the following records to the new Vista board: minutes of all meeting of the association, Board of Directors and unit owners; all contracts for work performed and their warranties; an accurate, itemized, and detailed record of all expenditures; all audits, reviews, accounting statements, and financial reports and a current account and monthly, bimonthly or quarterly account statements for each unit, conduct that violates rule 61-20.503(6)a), Florida Administrative Code. 17. Rule 61-20,503(4)(a), Florida Administrative Code, provides that a licensee or registrant shall exercise due professional care in the performance of community association management services. 18. By failing to comply with the aforementioned court onder to tum over association. documents, Respondent violated rule 61 -20.503(4)(a), Florida Administrative Code. COUNT ONE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through cighteen as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 468.436(1)(5)2, Florida Statutes, which provides that disciplinary actions may be taken for violation of any lawful order Jan 19 2006 19:06 @1/19/2886 18:48 8584146749 DEPR OGA PAGE 85/87 or rule rendered or adopted by the department or council, through a violation of rule 61~ 20.503(6)(a), Florida Administrative Code, and is subject to discipline as provided by section 468.436, Florida Statutes. COUNT TWO 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 468.436(1)(b)2, Florida ~ Statutes, which provides that disciplinaty actions tay be taken for violation of any lawful order” * ~~ ot mule rendered ot adopted by the department or council through a violation of rule 61- 20.503(6)(b), Florida Administrative Code and is subject to discipline as provided by section 468.436, Florida Statutes. COUNT THREE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 24. Based on the foregoing, Respondent violated section 468.436(1)(b)5, Florida Statutes, which provides that disciplinary actions may be taken for committing acts of gross misconduct in-connection with the profession through violation of mule 61-20.503(4)(a), Florida Administrative Code and is subject to discipline as provided by section 468.436, Florida Statutes. COUNT FOUR 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 26, Based on the foregoing, Respondent violated section 455.227(1)(k), Florida Statutes, which provides that disciplinary actions may be taken for failing to perform any Jan 19 2006 19:06 61/19/2686 18:68 8584146749 DEPR OGA PAGE 86/87 statutory or legal obligation placed upon a licensee and is subject to discipline as provided by section 468.436, Florida Statutes. | WHEREFORE, Petitioner respectfully requests the Department to enter an Order imposing one or more of the penalties authorized by sections 468.436 and 455.227, Florida Statutes including, but not limited to: revocation or suspension of Respondent’s license, imposition of an administrative fine not exceeding five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation for a period of time and subject-to such. conditions as the Department specifies, and/or the restriction. of the authorized scope of practice by Respondent. SIGNED this Ly of JL : ati fe 2003. Assistant General Counsel Counsel for the Department: Chatles J. Pellegrini FIl ED Assistant General Counsel at iuamess and pratassional Regulation Florida Bar No. 989274 Department MEPUTY CLERK Department of Business and . Professional Regulation Pyrawrdm © 1940 North Monroe Street CLERK a Tallahassee, Florida 32399-2202 ~|\ a Telephone: (850) 414-6088 DATE Facsimile: (850) 414-6749 C3P/alh Case No. 2003-000602 Ree deka 12-31-02

Docket for Case No: 06-000272PL