FILED Department of Business and Professional Regulation AGENCY CLERK CLERK Ronda L. Bryan Date 7/23/2020 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2019-064238 SHERRY MAYCUMBER RAPOSO Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Sherry Maycumber Raposo. (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of community association management pursuant to section 20.165, Florida Statutes, and chapters 455 and 468, Part VIII, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed as a Community Association Manager (CAM) in the State of Florida, having been issued license number CAM 39662. 3. Respondent’s address of record is 4067 Longworth Loop, Kissimmee, Florida 34744. MATERIAL FACTS 4. At all times material to this complaint, Respondent was the CAM providing management services for “Turnberry Reserve Homeowners Association” located in Kissimmee, Florida. DBPR v. Sherry Maycumber Raposo 1 5. According to the contract executed between the Respondent and the President of the Association at the time, the Respondent’s responsibilities included but were not limited to acting as the Association’s liaison with regards to others such as accounting, administration, property management, and maintenance duties. 6. On or about October 30, 2018, an email was sent from respondent stating that the 11/01/2018 annual meeting was cancelled due to lack of submission of a candidate form to run for the 2019 Board of Directors. 7. On or about November, 2019, respondent sent out the 2019 annual meeting notice, disclosure notice, and voting proxy to the homeowners prior to the annual meeting date. 8. The aforementioned annua! meeting notice stated, “according to this community’s by-laws and Florida Statutes, a member’s voting rights may be suspended for nonpayment of regular assessments, special assessments, fines, interest fees, and legal fees that are delinquent in excess of ninety (90) days.” 9. Upon investigation, it was unable to locate any verbiage in the By-Laws or Declarations that state that the Board can suspend voting rights of a member for special assessments, fines, interest fees, and legal fees that are delinquent in excess of ninety (90) days. 10. On or about January 30, 2019, a meeting was held by the Board of Director’s. At that time, fines were assessed against the residents of Turnberry Reserve. COUNT I 11. Petitioner realleges and reincorporates by reference the allegations set for in paragraphs one (1) through ten (10) as though fully set forth herein. DBPR v. Sherry Maycumber Raposo 2 12. Section 468.4334(1), Florida Statutes, states, in part, that a community association manager “shall discharge duties performed on behalf of the association as authorized by this chapter loyally, skillfully, and diligently” 13. Based on the foregoing, Respondent violated section 468.4334(1), Florida Statutes, by failing to serve as a liaison between the board of directors and the unit owners. COUNT II 14. Petitioner realleges and reincorporates by reference the allegation set forth in paragraphs one (1) through ten (10) as though fully set forth herein. 15. Rule 61E14-2.001(2)(a), F.A.C., states that a licensee shall “[cJomply with the requirements of the governing documents by which a community association is created or operated.” 16. Based on the facts above, Respondent violated Section 719.104(2)(b), F.S., through rule 61E13-2.001(2)(a), F.A.C., by failing to send out candidate forms or notify homeowners of who the candidates were for election. COUNT Ill 17. Petitioner realleges and reincorporates by reference the allegation set forth in paragraphs one (1) through ten (10) as though fully set forth herein. 18. Rule 61E14-2.001(3)(a), F.A.C., states that a licensee shall not ‘“[w]ithhold possession of the association’s official records, in violation of Sections 718.111(12), 719.104(2) or 720.303(5), F.S., or original books, records, accounts, funds, or other property of a community association when requested by the association to deliver the same to the association upon reasonable notice.” DBPR v. Sherry Maycumber Raposo 3 19. Based on the facts above, Respondent violated Section 719.104(2)(b), F.S., through rule 61E13-2.001(3)(a), F.A.C., by suspending online access to association’s official records. COUNT IV 20. Petitioner realleges and reincorporates by reference the allegation set forth in paragraphs one (1) through ten (10) as though fully set forth herein. 21. Rule 61E14-2.001(3)(c), F.A.C., states that a licensee shall not “[c]reate false records or alter the official records of an association in violation of Sections 718.111(12), 719.104(2).” 22. Based on the facts above, respondent violated Section 468.4334(1), F.S., through rule 61E13-2.001(3)(c), F.A.C., by tampering with the annual election held in November 2019. [SIGNATURE PAGE TO FOLLOW] DBPR v. Sherry Maycumber Raposo 4 WHEREFORE, Petitioner respectfully requests a Final Order imposing one or more of the following: an administrative fine pursuant to the penalty/disciplinary guidelines of mle 61- 20.010, Florida Administrative Code, assessment of costs related to the investigation and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 468, part VIII, Florida Statutes, and the rules promulgated thereunder. Signed this 1‘ day of July, 2020. By: /s/ James C. Richardson James C. Richardson Assistant General Counsel Florida Bar No. 122240 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399 (850) 717-1245 (Telephone) (850) 414-6749 (Facsimile) James.Richardson@myfloridalicense.com PC Found: 07/01/2020 By: DBPR DBPR v. Sherry Maycumber Raposo 5 NOTICE OF RIGHTS Please be advised mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part if Respondent fails to request a hearing within 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 Respondent in addition to any other discipline imposed. DBPR v. Sherry Maycumber Raposo 6

Docket for Case No: 20-005374PL

Orders for Case No: 20-005374PL