May 18 2009 11:22 5/18/2689 12:18 8584146749 DEPR OGA PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ¥. Case No. 2006-057330 JOEL L. MESSINGER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this “ Administrative Complaint against JOEL L. MESSINGER, ("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 VII, Florida Statutes, 2: At all times material hereto, Respondent was licensed in the State of Florida as a Community Association Manager, having been issued license number CAM 1448. 3. Respondent's address of record with Petitioner is 2687 N. Ocean Blvd., Boca Raton, FL 33431. 4, Respondent, employed by Community Association Services, Inc. (“CAS”), was the Community Association Manager . for Tierra Verde at Delray Beach Condominium Association (“Tierra Verde”) until termination in April 2006. May 18 2009 11:22 DEPR OGA PAGE @4/@6 g5/1e/28e9 12:18 8584146749 5. . Beginning in April 2006, Tierra Verde requested in person and via Certified Mail that CAS transfer all books, records, previous invoices, financial Teports, and property of Tierra Verde to the new property manager. 6. On June 20, 2006, in a response ta Respondent’s request that Tierra Verde specifically list the missing items, Tierra Verde provided the following list: (1) Any financial statements (the financial packages) issued for months after January, 2006. (2) Accounts receivable ledger and aging reports for all months after J anuary, 2006. (3) Accounts payable ledger and aging report for all months after January, 2006. (4) Allbank statements and cancelled checks since inception. (5) All paid bills since inception. (6) Copies of tax returns for 2004. (7) Cash disbursements and cash receipt journals since inception. (8) General ledgers since inception, (9) Copies of contracts and agreements in effect at any time during the existence of the Association, (10) Official correspondence since the inception of the Association. | (11) Balance forward as of the date of C.A.S.’s termination for all Unit Owner accounts. (12) Current list of all Unit Owners currently paying their maintenance by direct withdrawal (ACH) with corresponding bank information as of the date of C.A.S.’s termination. (13) List of vendors currently set up on direct payment (ACH) as of the date of C.A.S.’s termination. May 18 2009 11:22 DEPR OGA PAGE 85/86 a5/1e/2889 12:18 s5adide7d9 (14) All current insurance policies as of the date of C.A.S.’s termination, 7. Respondent has failed to comply with this, and multiple other requests for documents, 8. Section 468.436(1)(b)(5), Florida Statutes, provides in pertinent part: Conunitting acts of gross misconduct or gross negligence in connection with the profession shall constitute grounds for which disciplinary action may be taken. 9. Section 61-20.503(6)(a), Florida Administrative Code, states: A licensee or registrant 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, Reasonable notice shall extend no later then 20 business days after receipt of a written request from the association. 10. Based on the foregoing, Respondent violated Section 468,436(1)(b)(5), Florida Statutes, through a violation of Section §1-20.503(6)(a), Florida Statutes, by withholding possession of original books, records, accounts, funds, or other property of a community association after it had been requested by the community association, WHEREFORE, Petitioner respectfully requests the Department to enter an Order imposing one or more of the penalties authorized by Sections 468.436(3) and 455.227(2), Florida Statutes, which includes, but not is 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. May 18 2009 11:23 g5/1e/28e9 12:18 8584146749 DEPR OGA ; oe ; - SIGNED this tay of e) fj bey 2008. PAGE 86/86 Eric R. Hurst Assistant General Counsel Florida Bar No. 0879673 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 Telephone: (850) 921-8656 ERH/jcp Case No. 2006-057330 FOP. U-2-08 CET

Docket for Case No: 09-002721PL