FIle Dapartnent of Businerd Bio Profesanal Reguldtions AGENCY CLERK cuepx —-«-Evatte L Proctor pete = -§/26/2010 File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Cage No. 2009-041667 LISA R. WILSON, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner” of “Department”) « files this Administrative complaint, against Lisa R. Wilson (“Respondent”), and says: i. Petitioner is the state agency charged with regulating practice of community association management pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Florida Statutes, and the rules the promulgated thereto. 2. At all times material to this complaint Respondent was licensed as a Community association Manager in the State of Florida, license number CAM 13168. 3. Respondent’s address of record is 1746 Hidden Creek Blvd., Orlando, FL 32807. 4, on May 28, 2009, a complaint was filed by Sheila Hayward against Respondent alleging multiple violations of rules GAOGC\Proftssiana Boards\cams\AC\201 O\Wilgan, Lisa 2009-041667 1 éT/4@ SBM : YOO sddd BPA9PTPas : viss1o102 ot des 8 BP 6a Tae /ST/6e and statutes regulating community association managers in the State of Florida. 5. At all times material to this complaint, Respondent worked as 2 Community Association Manager for HVS Corporation, d/b/a Holiday Villas (Villas), an Illinois corporation. 6. Bt all times material to this complaint, Villas was the community association management (CAB) firm responsible for the management of Lucaya Village. Respondent was the Community association Manager for the resort. 7. tucaya Village is a resort community composed of approximately seventy-two (72) individually owned units, most of which are rented out for short terms of time. g. Among Respondent's duties as CAM for Lucaya Village were to manage the rental system for each unit, collecting the rental fees from guests and diatributing these fees twhinus 4 commission to the owners of the individual units. 9. During her perforitiance of the rental management mentioned in paragraph eight (8), Respondent failed to make payments to owners from rental funds received for the rental of Lucaya Village units. 10, Respondent sometimes made payment to the unit owners, put was late in doing se, and, on occasion, was at least firtty— five (55) days late in the distribution of rental payments due to individual owners. GAOGC\Profeysions Boards\cams\ACWZ0L0\Wilaon, Lisa 2009-041667 2 A180 3e¥d _ 790 xdaC Bre 9p TOSS | : ZEST otoz aq das $8 8Pt6B ATR /ST/6G 11. When owners have tried to contact Respondent about problems with the payments due, Respondent has refused to respond to their questions and has avoided communication. 12. Respondent has not complied with requests for documents by unit owners nor members of the Board of Directors of the Lucaya Village Homeowner's Association (association”.) 13, Respondent failed to account for the funds of the Association. 14. Respondent failed to exercise the judgment expected of a community association manager in incurring and paying expenses and did not follow the prescribed budget, which led to the Hoard of Association wrestling control of the bank accounts and funds from Respondent. 15. As this is a gated community, Respondent has refused to allow governmental agencies, unit owners and prospective renters ta access Association property. only renters who have paid and rented from Respondent have been permitted to enter the premises of Association. 16. Respondent refused to allow Dee O'Brien, Senior Sanitation and Safety Specialist with the Department of Business and Professional Regulation, to enter the property to perform inspections on short-term rentals. 17. Respondent did not set aside any reserve funds in violation of Lucaya Village by-laws and Florida law. GAQGC\ Professions Boards\cams\AC\2010\Wilson, Lisa 20054041667 3 LT/68 FWd YO0 Hdd 6P.9P ~ : ZEST otoz oT das Tress 8Psbe BTee/aT/68 18. Respondent failed and refused to cooperate in the investigation of this complaint. couNT CONE 19. Petitioner reincorporates paragraphs one (1) through eighteen (18) above as if fully set forth. 90. Section 468,436 (2) (b) (5), Florida Statutes, provides that a community association manager may be subject to discipline by the Department of Business and Professional Regulation for committing acts of gross misconduct or gross negligence in connection with the profession. 21. Respondent committed acts of gross misconduct or gross neqligence in connection with the profession, in one or more of the following ways: a. By converting rental income due te unit owners to his own use; b. Failing to keep the books and records of the Association, jmeluding records concerning rental income, in an acceptable manner; fom Being delinquent in his payments to owners, in some cases being at least fifty-five (55) days late; dd. By failing to exercise reasonable and due care with the expenditure of Association funds; GAQGC\Professions Bourde\cams\ACWZ01 Wilson, Lian 2009-041667 4 éT/@T 38d : FOO Ada BPpLOPTP : ZEST otoz oT das B88 BP EBB ANRC ISTICG e. By failing and refusing to follow the approved association budget. 22. Based on the foregoing, Respondent violated Section 468.436(2) (b) (45), Florida Statutes, by committing acts of gross misconduct or gross negligence when he committed any of the acts or omissions outlined in paragraph 20. COUNT THO 23. Petitioner reincorporates paragraphs one (1) through eighteen (18) and twenty-one (21) above as if fully set forth. 24, Subsection 455.227 (1) (ct), Florida Statutes, provides that a community association manager May be subject to discipline by the Department of Business and Professional Regulation for improperly interfering with an investigation oF inspection authorized but statute, oF with any disciplinary proceeding. 25, Based on the facts set forth above, Respondent violated Subsection 455,227(1) (r), Florida ‘Statutes, in one or more of the following ways: a. By refusing access to the property to Dee ofBrien, Senior Sanitation and Safety Specialist with the Department of Business and Professional Regulation, when she attempted to enter the property to perform inspections on short-term rentals; Ce\OGEAProfessions Boards\yams\AC\2010\Wilson, Lisn 2009-041667 5 4T/TT aod FOO Ada BP. get _ ST:SE OLOz oT das pags 8pi6a alaz/ST/ea b. Failing and refusing to provide access to records of the Association to the Department, retusing to respond te Department inquiries; Cc. Failing to respond to inquires of the Department. 26, Based on the forgoing, Respondent ywiolated Subse¢tion 465.227(1) (©), Florida Statutes when she refused access to a Department inspector while she was attempting to perform inspections as required by law, failed and refused to provide properly requested information and materials to the Department. COUNT THREE 27. Petitioner reincorporates paragraphs one (1) through eighteen (18) above as if fully set forth. 28. Subsection 466.436(2) (a), Florida Statutes, provides that violation of any lawful order or rule rendered or adopted by the department constitutes grounds for which disciplinary actions may be taken, 29. Rule 61E14-2,001(6) (a), Florida Administrative Code, states “a licensee shall not withhold possession of any original jpooks, 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. 30. Based on the facts set forth above, Respondent violated subsection 468.436(2) (a), Florida Statutes, through a GAOGO\Professiona Bourds\cums\ ACWZO10Wilgan, Lina 2009041667 6 é£T/éT Saved YOO sddd 6PLoP : : ST:ST otoz aT das Tres BP AEB alee ist/ce violation of Rule 6lE14-2.001(6) (a), Florida Administrative Code, in one or more of che following ways: a. Refusing to provide documents to members of the Board of Directors of Lucaya Village Homeowners Association when properly requested; bh. Refuging to provide decuments to individual wnit owners when requested te do so; c. Refusing to provide information properly requested by the successor community association tlanager: de Failing and refusing to provide documents and access to recerds when requested to do so by the Department. 31. Based on the forgoing, Respondent violated subsection 468,436(2) (aj, Florida Statutes, through 4 violation of Rule 61f14-2.001(6) (a), Florida Administrative Code when she failed to comply with document requests from the listed owners, Association, community association manager, board members and the Department. COUNT FOUR 32. Petitioner reincorporates paragraphs one (1) through eighteen (18) above as if fully set forth. 33. Subsection 469.436(2) (a), Florida Statutes, provides that vielation of any lawful order or rule rendered or adopted CHNOGCABrofeasions Boards\wama\AC\20 \ Wilson, Lian 2009-041667 7 ATfET Sav YOO sddd 6P2g : SliSl oT0z oT das Pipes Spee BTeeISTIee by the department constitutes grounds for which disciplinary actions may be taken. 34, Rule 61814-2.001(4) (Bb), Florida Administrative Code, states “a licensee shall not knowingly fail to comply with the requirements of the documents by which the association is created or operated so long as such documents comply with the requirements of law.” 35. Based on the facts set forth above, Respondent violated subsection 468,.436(4) (bo), Florida Statutes, through a violation of Rule 61LE14-2.001(6) (a), Florida Administrative Code, in one or more of the following ways: a, By failing to establish and fund reserve funds as required by association by-laws and Florida law; b. By comingling Respondent’s funds, those of her corporation and the funds of the Association. 36. Based on the forgoing, Respondent violated subsection 468.436(2) (a), Florida Statutes, through a violation of Rule 61FR14-2,001(6) (al, Florida Administrative Code when she knowingly violated by-laws of the association which she managed and Florida law. COUNT_FIVE 37. Patitioner reincorporates paragraphs one (1) through thirty five (35) above as if fully set forth, GAOGC\Proftsaions Boards\cama\AC20 10\ Wilson, Lisa 2009-041667 8 £T/PT SSK YOO sddd BpLoP : SL:SE ot0z of das TPag38 BP 6a Tae /ST/6e 38. Rule 61E14-2.001(4) (a) Florida Administrative Code, states, “A licensee shall exercise due professional care in the performance of community association management services. 39, Baged on the forgoing, Respondent violated subsection 468.436(2) (a), Florida Statutes, through a violation of Rule 6LE14-2.001(4) (a), Florida Administrative Code when she knowingly violated by-laws of the association which she managed and Florida law; when she failed to maintain propér records, failed to timely pay unit owners for rental fees received, refused to allow inspection of units, refused to provide books and records te unit owners, the Board of Directors, the Department, the successor community association manager and to the Association, utilized Association property for her own individual purposes, and failed to fund reserve accounts. WHEREFORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the penalties: permanent revocation or suspensicn of Respondent's license, restriction of practice, imposition of an administrative fine of five thousand dollars (85,000.00) for each count of this complaint, issuance of a reprimand, placement of Respondent on probation, corrective action, or any other relief that the Department deems appropriate. GAQGC'Profeasions Bourda\cams\AC20 WO\Wilson, Lisa 2009-04 1667 9 é£T/ST SSK YOO sddd BPL9PT : SliSl OTOZ 91 das PASS BP 6a Tae /ST/6e 1/91 and Signed this DMM /j pw Probable Cause Found: May 14, By: Diane Marger Moare day of May, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation duane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (g50) 414-6749 Facsimile 2010 CP\OGC\Professions Boards\cams\AC\201 0\Wilaon, Liga 2000-04667 WOO Yea PI:ST otoz oT das Bp29P Tress 10 apiea alaz/ST/ea NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on her behalf if a hearing is requested. Rule 78-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt af an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF costs Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455,227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Peotessions Bourds\cams\AC\W20 Wilson, Lisa 2009-041667 Ul éTféT SSK YOO sddd 6P2 9p Tress BP: PEST ot0z 9T das 64 alee /ST/6e

Docket for Case No: 10-009160PL