1. At all times material to this complaint, Respondent provided CAM services to the Riverchase Two Homeowners Association (Association)

2. On or about December 7, 2010, Mrs. Michelle Leonick,

   
   

   an Association member, sent written correspondence to Respondent requesting to review and inspect Association records.

3. Respondent did not adequately respond to Mrs.

   
   

   Leonick's December 7, 2010, written request to review and inspect Association records.

4. On or about May 9, 2011, Respondent sent written correspondence to the Association's Attorney, Beverly Barnett, requesting to review and inspect Association records.

5. In response to Mrs. Leonick's request, Ms. Barnett scheduled an appointment for Mrs. Leonick on May 23, 2011, to review and inspect Association records.

6. On or about May 23, 2011, Mrs. Leonick arrived and Ms.

   
   

   Barnett's office to review the requested records, and was charged $250. 00 by Ms. Barnett for preparation of Association records for review and inspection.

7. Section 720. 303, Florida Statutes (2010), governs the providing of official records to members of Homeowners Associations.

8. Section 720.303(5) (a)-(b), Florida Statutes (2010),

   
   

   provides as follows:

   1. INSPECTION AND COPYING OF RECORDS.-The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.

      
      

      1. The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.

         
         

      2. A member who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this subsection. The minimum damages are to be

   $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.

   
   

9. Section 468.436(2) (b)(2), Florida Statutes (2010), states "violation of any lawful order or rule rendered or adopted by the department or the council constitutes grounds for which disciplinary action may be taken."

10. Rule 61E14-2.001 (6)(b), Florida Administrative Code, states "a licensee shall not deny access to association records, for the purpose of inspecting or photocopying the same, to a

    person entitled to such by law, to the extent and under the procedures set forth in applicable law."

11. Respondent violated Section 468.436(2) (b)(2), Florida Statutes (2010), through a violation of Rule 61E14-2.001 (6)(b), Florida Administrative Code, by making records inaccessible for review and inspection by Mrs. Michelle Leonick pursuant to Section 720.303, Florida Statutes (2010).

12. Based on the foregoing, Respondent violated Section 468.436(2) (b)(2), Florida Statutes (2010), through a violation of Rule 61E14-2. 001(6)(b), Florida Administrative Code, when she refused access to association records.

WHEREFORE, Petitioner respectfully requests that the Department of Business and Professional Regulation enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Department deems appropriate.

(SIGNATURE PAGE FOLLOWS)

Signed this 13th day of December, 2011.

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By:Cristin 'Erica Wliite Cristin Erica White Assistant General Counsel Florida Bar No. 0641340

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 717-1203 Telephone

(850) 414-6749 Facsimile

PC Found: 12/13/11

PC Found By: Cristin Erica White

/CEW

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be 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 his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of 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.

Docket for Case No: 12-001360PL