The Issue The issue in this case is whether Respondents, The Fourth Bayshore Condominium Association, Inc. (“Bayshore”), Karl Stemmler (“Stemmler”), and/or Richard Grove (“Grove”), discriminated against Petitioner, Robert Pagano (“Pagano"), on the basis of his physical handicap in violation of the Florida Fair Housing Act.
Findings Of Fact Pagano is a Caucasian male who is handicapped by virtue of medical complications which resulted in the amputation of his left leg in March 2008. He has been confined to a wheelchair since that time. At all times relevant hereto, Pagano was renting a condominium unit at Bayshore. In January 2012, Pagano saw another unit at Bayshore advertised for rent. He called Grove, listed as the owner of the unit, and inquired about renting the property. Grove told Pagano that a key to the unit would be left under a mat between the screen door and front door on January 19, 2012. On that day, Pagano went to inspect the unit, accompanied by a friend, Philip Saglimebene. Upon arrival at the unit, Pagano and his friend began looking for the hidden key, but could not find it. They apparently made some noise while searching for the key, because they were confronted by Stemmler. According to Pagano, Stemmler began asking them in unfriendly terms who they were and what they were doing at the unit. The friend then told Stemmler they were looking for a key so they could go in and inspect the unit as Pagano was interested in renting it from Grove. Stemmler, supposedly identifying himself as a “building representative,” said there was no key to be found. He also reputedly told Pagano and his friend that they would not need a key anyway, “because you are not moving in.” When the friend explained that the unit was for Pagano, not him, Stemmler allegedly said that Pagano was not moving in either because he was an “undesirable.” When asked to explain that comment, Stemmler purportedly said, “He just is; that’s all you need to know.” (None of Stemmler’s comments were verified by competent evidence and, without verification or support, cannot be relied upon to make a finding of fact in this case.) Pagano believes Stemmler’s purported comments were based on the fact that he (Pagano) has long hair and a beard and does not fit into the conventional norm at Bayshore. He also believes that his handicap served as a basis for Stemmler’s alleged comments. There was no credible evidence presented at final hearing to substantiate Pagano’s suppositions. Grove had put his condominium unit up for rent at the beginning of the year. When Pagano called to inquire about it, Grove – who lives out-of-state – notified a friend to leave a key under the mat, as described above. That friend simply forgot to leave a key at the unit on the designated date. Grove knew nothing about Pagano’s interaction with Stemmler. Grove had not spoken to Stemmler prior to the day he and Pagano had their interaction. Stemmler had no authority to speak for Grove or to make a decision concerning to whom Grove would rent his condominium unit. Subsequent to the day Pagano visited the unit, Grove took the unit off the rental market because his wife decided to use the unit to house family and friends rather than renting it out to someone else. It took several weeks for the rental advertisement for the unit to be removed from a locked bulletin board at Bayshore. Grove said that if the unit ever went back on the market, he would call Pagano first about renting it, i.e., Grove had no opposition whatsoever to Pagano’s being a tenant. Van Buren, president of Bayshore, explained that the condominium association utilizes the support of voluntary building representatives to assist with security and minor maintenance at Bayshore. The volunteers, who are generally seasonal residents at Bayshore, do not hold keys to individual units and have no authority to grant or deny an applicant’s request to rent a unit. Stemmler is one of many building representatives who resides part-time at Bayshore. Pagano does not know of any non-handicapped individual who was allowed to rent a unit at Bayshore to the exclusion of himself or any other handicapped person. In fact, Pagano currently resides in another unit at Bayshore; he is already a resident there.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Robert Pagano in its entirety. DONE AND ENTERED this 5th day of September, 2012, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2012.
Findings Of Fact Eden Isles Condominiums are residential condominiums consisting of 7 identical buildings with 52 units in each building. Each building has a separate Declaration of Condominium which declaration is identical with the other 6 Declarations of Condominiums except as to the identification of the condominium. There are 4 swimming pools, parking areas, etc., the expenses for which are shared by the 7 condominiums. The Declarations of Condominiums provide for the percentage of the common ownership and expense associated with each unit in the condominium. The Declarations provide that the affairs of each condominium will be managed by the Eden Isles Condominium Association, Inc., Respondent. Duties of the Association include the preparation of budgets, collection of assessments for expense of maintaining common elements from each unit owner, maintenance of all common elements and generally conducting all of the business dealings associated with the common elements. From the inception of the Association in 1972 a common budget has been prepared for the 7 condominiums which is assessed against unit owners by taking total expenses for the common elements of the 7 buildings, dividing this by 7 and then allocating to each of the 52 unit owners in each building his pro rata share of those expenses. This has the effect of requiring the unit owners housed in Building D to share the cost for the replacement of an elevator in Building P or the replacement of a roof on Building C. The net result of the consolidated budget is to treat the 7 condominiums as one for the purpose of maintaining the common elements. When built and the Declarations of Condominiums recorded, Eden Isles was not a phased development.
Findings Of Fact Barkwood Square Condominium was developed by Mr. John Nell (Respondent). The declaration of condominium was filed on May 23, 1980, and transfer of control from Respondent to the condominium association took place at a meeting held on June 30, 1981. At the time of turnover, Bieder Management Company was Respondent's agent for the operation, maintenance and management of Barkwood Square. Bieder was accepted as the association's agent at turnover and continued in this capacity until February, 1982. No documents were produced at the transfer meeting, and all records and accounts then in existence remained in the hands of Bieder. In February, 1982, the condominium association became dissatisfied with Bieder and replaced it with Hotz Management Company. The records turned over to Hotz by Bieder at that time were incomplete, and the association then sought the assistance of Petitioner to obtain complete records and a financial accounting. Through its investigation in 1982, Petitioner and the condominium association obtained all records available. The testimony of Petitioner's investigator and two of the unit owners (who are also condominium association directors) established that no review of the financial records of the association had ever been conducted by an independent certified public accountant (CPA). The testimony of the unit owners-directors established that Respondent had not delivered any of the following items to the association within 60 days of turnover: Original or certified copy of the declaration of condominium. A certified copy of the articles of incorporation of the association. A copy of the bylaws. Minutes of association meetings. Resignation of officers and directors resulting from change of control. The investigation revealed that Respondent owes $4,138.32 in contributions to the condominium association. Respondent concedes that he owes this amount, which is based on common expenses incurred in excess of assessments to unit owners between July and October, 1980. Respondent paid certain association expenses with personal funds and was later reimbursed. Respondent concedes this procedure was not in keeping with good accounting practices. Respondent also failed to keep or turn over to the association the financial records pertaining to the period when he did not employ a management agent.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order directing Respondent to take the corrective action discussed herein as authorized by Subsection 718.501(1)(d)(2), F.S., and assessing a civil fine in the amount of $1,500 as authorized by Subsection 718.501(1)(d)4, F.S. DONE and ENTERED this 27th day of July, 1983, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 1983. COPIES FURNISHED: Helen C. Ellis, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 N. Staten Bitting, Jr., Esquire 3835 Central Avenue Post Office Box 15339 St. Petersburg, Florida 33733 E. James Kearney, Director Division of Florida Land Sales and Condominiums Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue in this supplemental proceeding is whether Respondents Soo Y. and Myung S. Chung, separately or together, retaliated against Petitioners as a result of Petitioners' exercise, or attempted exercise, of a protected housing right.
Findings Of Fact From August 2012 through January 2015, Petitioners Verdell Carter ("V. Carter") and her daughter Courtney Carter ("C. Carter"), who are African-Americans, rented and occupied a residential unit in Cité Condominiums ("Cité") in Miami, Florida, which served as their principal residence. At all relevant times, the owners of this unit were Soo Y. Chung and Myung S. Chung (collectively, the "Lessor"). Respondent Cité Condominium Association, Inc. (the "Association"), oversees the operation of the property. The Association's Board of Directors (the "Board") is its governing body. At all relevant times, a third-party property management company, FirstService Residential Florida, Inc. ("Management"), performed on-site management services at Cité. V. Carter and the Lessor entered into a lease agreement concerning Unit No. 3206 at Cité in July 2012. Pursuant to the applicable declaration of condominium, this lease (like all such leases of units at Cité) was subject to Board approval as a condition precedent of V. Carter's taking possession of the leased premises. To obtain Board approval, V. Carter and the Lessor were required (as were all persons entering into such leases) to execute an Addendum to Lease, which made the Association a third-party beneficiary of the lease and, among other things, bound the lessee to all of the rules and conditions applicable to unit owners. There is some dispute concerning the term of the subject lease. It commenced on or around August 15, 2012——that much is certain. The Carters assert that the lease was for three years, until August 15, 2015. The Association contends that the lease had a one-year term with options to renew annually for up to two additional years. The Association maintains——and acted on the belief——that it had the right to veto any attempt to renew the lease. This particular dispute is immaterial, however, for whether or not the Association could veto a renewal attempt, it clearly had the right to dispossess the Carters if they disobeyed the Association's rules. The Addendum to Lease provides, in pertinent part, as follows: Lessee agrees to abide by this Addendum, the [provisions of the Association's Declaration, By-Laws, Articles of Incorporation, Rules and Regulations, as same may be amended from time to time,] and all applicable laws, ordinances and regulations. If Lessee fails to comply with [any of these], Lessor shall promptly commence action to evict Lessee. If Lessor fails to promptly commence action to evict Lessee, Lessor hereby authorizes the Association . . . to commence eviction proceedings [on Lessor's behalf.] Unfortunately for everyone concerned, the Carters repeatedly violated the rules. Early in the lease term, V. Carter brought her dog into the unit without first registering the pet with the Association as required. After Management became aware in November 2012 that V. Carter had an unregistered pet on the premises, it provided her the form for curing the violation, but she failed timely to return the paperwork. As a result, on November 26, 2012, the Association assessed a charge of $56 against the Lessor's account.3/ Meanwhile, C. Carter moved into Unit No. 3206 without informing the Association, which gave rise to a series of violations. Although C. Carter initially occupied the premises as a guest, before long she decided to remain as a resident. In time, Management noticed that C. Carter's stay had exceeded 30 days, making her an "unregistered visitor." Additionally, C. Carter parked her car——which was an "unregistered vehicle"—— in spaces reserved for Cité's owners and tenants (both residential and commercial). This resulted in several $56 charges being posted to the Lessor's account in November 2012 for unauthorized parking and for parking an unregistered vehicle in an unauthorized area. In January 2013, the Lessor was again assessed a $56 charge because C. Carter had parked her unregistered vehicle in an unauthorized area, along with a separate $56 charge for the presence an unregistered visitor (namely C. Carter). By letter dated January 23, 2013, the Association notified the Lessor that it intended to take steps to terminate the lease between the Lessor and V. Carter due to the Carters' failure to comply with the Association's rules. Before that could happen, however, V. Carter registered her dog, C. Carter became a registered tenant, and C. Carter rented an additional parking space from the Association for her car. The Carters assured the Lessor and the Association that, in the future, they would comply with all of the Association's rules. In due course, the Board agreed to acquiesce to the continuation of the lease, and——with the exception of a few relatively minor issues too trivial to recount——relations between the Carters, Management, the Association, and the Lessor calmed down to a reasonably peaceful state of affairs. This détente ended on Sunday, June 22, 2014. On or around that date, the commercial tenant directly below Unit No. 3206 experienced damage from water intrusion at the ceiling. Minor dampness was observed on the carpet outside the front of Unit No. 3206. Management contacted V. Carter and notified her that maintenance personnel needed to enter her unit immediately to locate the source of the leak, which there were grounds to believe was inside. Management's authority to enter the unit was clear and is not disputed. The Addendum to Lease provides: The Association and/or its authorized agent(s) shall have the irrevocable right to have access to the Unit as may be necessary for inspection, maintenance, repair or replacement of any Common Elements accessible therefrom, or for making emergency repairs necessary to prevent damages to the Common Elements or other units. Claiming that she was in the process of showering and in a state of partial undress, V. Carter refused to admit the maintenance men that Sunday morning. They left, so that V. Carter could finish getting ready. When the repair crew returned a short while later, however, V. Carter turned them away again, explaining that she was leaving for church. First thing the next day, June 23, Management notified the Lessor that V. Carter had refused to let maintenance personnel into the unit so that they could identify and repair the source of a suspected leak. The Lessor authorized Management to access the unit that morning. V. Carter, however, again refused to allow the maintenance men to enter the unit. This obstinacy violated the Association's rules and resulted in the imposition of charges totaling $126, for which the Association billed the Lessor. Eventually, Management gained access to the unit and fixed the problem in the bathroom which had caused the leak. Because V. Carter had refused access to the unit in violation of the Association's rules, the Association notified the Lessor and the Carters that it would not approve an extension of the lease beyond August 15, 2014. On June 25, 2014, V. Carter requested a meeting with the Board to discuss this decision. Her request was denied. By letter dated July 11, 2014, the Lessor notified the Carters that the lease would terminate on August 15, 2014. The Lessor also demanded payment of past due rent for April ($500) and July ($1,500) plus reimbursement of a returned-check charge of $30 that the Lessors had incurred when the Carters' June rent check bounced. A few weeks later, a heavy rainstorm, which took place late at night on Sunday, August 3, 2014, and during the early morning hours of August 4, caused Unit No. 3206 to flood. Other units flooded as well, causing an emergency situation for Management, which by all accounts responded promptly. The Carters claim to have been out of town at the time of this incident. Regardless, V. Carter acknowledges that Management contacted her by phone and requested permission——which she gave——to enter her unit to take remedial measures. Maintenance personnel entered the unit and extracted the water. In doing so, they discovered that the patio drain had been plugged with a flower pot, which likely had allowed water to pool on the patio and ultimately flood into the unit through the patio door. The Carters allege that the maintenance men discriminated against them on the basis or race or color by entering other units before taking care of Unit No. 3206. There is no persuasive evidence, however, of any sort of delay (discriminatory or otherwise) on the part of the maintenance crew, which as mentioned responded quickly and reasonably to an overnight situation affecting multiple units in addition to the Carters'. The Carters did not vacate Unit No. 3206 on or before August 15, 2014. As it happened, however, there was another rainstorm on that day which caused further flooding in the unit. C. Carter was present at the time, and she contacted Management, which addressed the immediate problem. After that, a months-long struggle ensued, during which Management and the Lessor attempted to arrange for repairs to be made to fix the damages that had resulted from the August floods and the earlier, June leak, and the Carters, while demanding that the repairs be made, refused access to repairmen and generally failed reasonably to cooperate. Around this time, as well, the Carters——who in the Lessor's eyes had become holdover tenants as of August 15——stopped paying rent to the Lessor. On August 19, 2014, the Lessor gave the Carters a statutory three-day notice to pay rent or vacate the premises on or before August 22, 2014. The Carters did not leave. On September 12, 2014, the Lessor gave the Carters another statutory three-day notice. The Carters, however, did not quit the premises. On or around September 19, 2014, the Lessor commenced an action for eviction in the Miami-Dade County Court. Several months later, the county court entered a judgment of eviction against the Carters, and, on January 20, 2015, a writ of possession was issued. The Carters moved out of Unit No. 3206 on January 23, 2015, but not without incident. Association rules prohibit the use of the stairways when moving furniture and other household goods. Residents who are moving in or out of Cité must reserve (and pay a fee for the use of) the freight elevator and loading dock. The Carters had not arranged to use the freight elevator, preferring instead to use the stairs. Management saw this violation in progress and sought to stop the Carters from moving their belongings down the stairs. The Carters would not be deterred. Management called the police, an officer arrived, and the unauthorized transport of goods through the stairwell was arrested. Meantime, V. Carter's dog urinated on the hallway carpet and on the wall. As a result of this memorable departure, the Association imposed charges against the Lessor's account totaling $950. V. Carter claims to suffer from post-traumatic stress disorder, which she characterizes as a "non-visible" disability. C. Carter claims to suffer from attention deficit hyperactivity disorder, which she characterizes as a "non- visible" disability. Determinations of Ultimate Fact There is no persuasive evidence that any of the Association's decisions concerning, or actions affecting, the Carters, or either of them, directly or indirectly, were motivated in any way by discriminatory animus directed toward V. Carter or C. Carter. There is no persuasive evidence that the Association refused, upon request, to make a reasonable accommodation for either V. Carter or C. Carter. There is likewise no persuasive evidence that any of the Lessor's actions, including bringing suit to evict the Carters, were motivated by discriminatory animus or were taken to retaliate against the Carters for their exercise of a protected housing right. In sum, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination or retaliation could be made. Ultimately, therefore, it is determined that the Association did not commit any prohibited act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order finding the Association not liable for housing discrimination and awarding the Carters no relief. DONE AND ENTERED this 27th day of April, 2015, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of April, 2015.
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her national origin or ethnicity in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Fabiola Heiblum ("Heiblum") is a Hispanic woman who, at all times relevant to this action, has owned Unit No. 5C in the Carlton Bay Condominium, which is located in North Miami Beach, Florida. She purchased her unit in 2004 and has resided there continuously since some time in 2005. Respondent Carlton Bay Condominium Association, Inc. ("Association") is the entity responsible for operating and managing the condominium property in which Heiblum's unit is located. In March 2008, the Association's Board of Directors ("Board") approved a special assessment, to be levied against all unit owners, the proceeds of which would be used to pay insurance premiums. Each owner was required to pay his share of the special assessment in full on April 1, 2008, or, alternatively, in three equal monthly installments, due on the first of April, May, and June 2008, respectively. Heiblum's share of this special assessment was $912.81. At or around the same time, the Board also enacted a procedure for collecting assessments, including the special insurance assessment. According to this procedure, owners would have a grace period of 15 days within which to make a required payment. After that period, a delinquent owner would be notified, in writing, that the failure to pay his balance due within 15 days after the date of the notice would result in referral of the matter to an attorney for collection. The attorney, in that event, would file a Claim of Lien and send a demand letter threatening to initiate a foreclosure proceeding if the outstanding balance (together with costs and attorney's fees) was not paid within 30 days after receipt of the demand. This collection procedure applied to all unit owners. Heiblum did not make any payment toward the special assessment on April 1, 2008. She made no payment on May 1, 2008, either. (Heiblum concedes her obligation to pay the special assessment and does not contend that the Association failed to give proper notice regarding her default.) The Association accordingly asked its attorney to file a Claim of Lien against Unit No. 5C and take the legal steps necessary to collect the unpaid debt. By letter dated May 8, 2008, the Association's attorney notified Heiblum that a Claim of Lien against her property had been recorded in the public records; further, demand was made that she pay $1402.81 (the original debt of $912.81 plus costs and attorney's fees) to avoid foreclosure. On or around May 10, 2008, Heiblum gave the Association a check in the amount of $500, which the Association returned, under cover of a letter dated May 16, 2008, because its attorney was now in charge of collecting the overdue debt. Heiblum eventually paid the special assessment in full, together with costs and attorney's fees, thereby obviating the need for a foreclosure suit. Heiblum believes that the Association prosecuted its claims for unpaid special assessments more aggressively against Hispanics such as herself than persons of other national origins or ethnicities, for which owners the Association allegedly showed greater forbearance. Specifically, she believes that the Association did not retain its attorney to undertake collection efforts against non-Hispanic unit owners, sparing them the costs and fees that she was compelled to pay. There is, however, no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that the Association did not commit any prohibited discriminatory act vis-à-vis Heiblum.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a final order finding the Association not liable for housing discrimination and awarding Heiblum no relief. DONE AND ENTERED this 27th day of February, 2009, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2009.
The Issue Whether Respondents committed the unlawful housing discrimination practices alleged in the Housing Discrimination Complaint filed with the Florida Commission on Human Relations ("FCHR") and, if so, what relief should Petitioner be granted.
Findings Of Fact Petitioner is an African-American female. Petitioner is a "unit owner" of a condominium located at 210-174th Street #310, Sunny Isles Beach, Florida. Said unit is located in the Winston Towers 600 Condominium ("Condominium"). Respondent, the Association, is a Florida non-profit corporation and the entity responsible for the operation of the Condominium. Respondent, Board of Directors, possesses the powers and duties necessary for the administration of the affairs of the Condominium. Pursuant to the Association By-Laws, the affairs of the Association are to be governed by a board of initially three, and not less than three, nor more than nine directors. Respondent, Jorge Nunez, was the President of the Association's Board of Directors at all times material to the Complaint. During his tenure, Mr. Nunez was also the chairman of the financial committee.4/ Respondent, Monica Zarante, possesses a Florida Community Association Manager ("CAM") license and at all times material was the Association's manager. Condominium Facilities and Services Pursuant to the Condominium prospectus, the following facilities have been constructed in the Condominium, and form a part of the "common elements" of the Condominium and are to be used exclusively by the unit owners, their tenants, and guests: clubroom and entertainment areas (billiard room, library, men's and women's card rooms, meeting room and kitchen, bicycle room, and large screen television room); (b) main lobby; (c) mail room; (d) laundry room and vending machine room; (e) association office; (f) four elevators; (g) recreational facilities (tennis court, recreation pavilion, men and women's health clubs, party room, and sun deck); (h) L-shaped swimming pool; (i) jogging trail; (j) two shuffleboard courts; and (k) an irregularly-shaped reflecting pool. Pursuant to the Condominium prospectus, the following are the delineated utilities and services available to the Condominium: electricity, telephone service, waste disposal, domestic water supply, sanitary sewage, storm drainage, and master antenna service. Association Committees As noted above, Petitioner's Complaint alleges that, "sometime in 2012 she was denied her right to participate on Association committees because of her race." Association By-Law 5.2 addresses committees and provides as follows: Committees. The Board of Directors may designate one or more committees which shall have the powers of the Board of Directors for the management of the affairs and business of the Association to the extent provided in the resolution designating such a committee. Any such committee shall consist of at least three members of the Association, at least one of whom shall be a Director. The committee or committees shall have such name or names as may be determined from time to time by the Board of Directors, and any such committee shall keep regular minutes of its proceedings and report the same to the Board of Directors as required. The foregoing powers shall be exercised by the Board of Directors or its contractor, manager or employees, subject only to approval by Unit Owners when such is specifically required. Respondent Nunez credibly testified that the availability to participate on committees is open to all unit owners. If an owner wishes to be on a committee, he or she simply needs to communicate that desire to the particular committee chairperson. Mr. Nunez, at some point in time, was apparently the chairman of the financial committee. In Petitioner's direct examination of Respondent Nunez, the following exchange occurred: Q. Okay. Did you say, "You sit at this table with us, never?" A. Never. I can't say that. I can't say "never." I cannot reject anybody to belong to any committee. I can't. It's impossible. Q. Okay. A. I like you, I don't like you, you want to be on the committee, you have a right to be on the committee. Petitioner testified that she was denied access to the financial committee to which Mr. Nunez chaired. Petitioner failed, however, to present sufficient evidence for the undersigned to determine whether this alleged denial occurred during the time relevant to the allegations of Petitioner's Complaint. Even if relevant, outside of her bare assertion, which is not credited, Petitioner failed to present sufficient evidence to establish that she was ever denied the right to participate on any Association committee. As a subset, Petitioner argues that she was denied "meaningful participation" on the committees, and thus, in condominium decision-making. In support of this contention, Petitioner references the testimony from Association Board Member Audrey Bekoff. In response to Petitioner's question of "why did the Petitioner point her finger at you?," Ms. Bekoff responded as follows: I haven't got the slightest idea. When you get angry, you pull your hair, you scream, you yell, you wipe the things off Monica's desk. You knock the things off. Everybody knows you on the Board. When you come into the meeting, everybody leaves. Petitioner contends that the "refusal to allow her to participate arose from Respondents' extreme dislike for her, and this extreme dislike was likely based, at least in part, on her race." Petitioner's contention, however, is belied by the record evidence. Indeed, audio recordings of various Association meetings provide multiple examples of Petitioner's robust participation in a variety of condominium issues. Assuming, arguendo, that Petitioner provided evidence to support the position that she is not well-liked, aside from her bald allegation, she failed to present any evidence of discriminatory animus in regards to Association committee participation. Association Records Petitioner claims she was denied access to the Association's financial records (in general) and records related to a particular condominium unit, Unit 2007, on the basis of her race. Petitioner alleges that the records requests were made on July 30, 2012, and November 1, 2012. Monica Zerante testified that the Association's protocol for requesting records from the Association included submitting a request in writing, and, thereafter, the Association provides a copy of the requested document or the requesting party may be given access to find the document. She further explained that the Association's policy is to charge 25 cents per copy; however, that charge is frequently waived. Mr. Nunez provided the further detail that once the Association receives a records request, the Association has ten days to accommodate the request. Although the Association has established rules regarding the frequency and time of record inspections and copying, Mr. Nunez credibly testified that same were not enforced concerning Petitioner. It is undisputed that on at least one occasion, while Petitioner was present in the Association's office for the purpose of inspecting/reviewing Association documents, a conflict arose between Petitioner and Monica Zerante such that Ms. Zerante requested law enforcement assistance. In support of her contention that she was treated differently because of her race, Petitioner testified as follows: Okay. Mr. Nunez, while not on the Board, goes to the office and he gets a monthly statement of the Association operating budget on a monthly basis and he is entitled to that. I go and request the same thing and I'm told I have to pay for it. And if I object to paying for it, then the police is called. * * * Q. You have no evidence that Mr. Nunez, when he was off the Board, did not similarly have to pay for records, correct? A. I have seen with my eyes that he has not. Q. Well, you have no idea if he actually paid for those records separately, do you? A. I've never seen him pay for that. Inconsistently, Petitioner subsequently testified that, at times, like Mr. Nunez, she was also provided documents free of charge. Petitioner failed to present sufficient evidence to establish that any document that the Association was required to maintain (and not prohibited from disclosure) was not, in fact, provided or made available for inspection. Respondents' witnesses credibly testified that Petitioner had access to all available documents, and their testimony was buttressed by the record evidence. Furthermore, a review of the record reveals that Respondents' legal counsel, on multiple occasions, provided written responses to Petitioner's document requests.5/ Even if Petitioner had presented sufficient evidence to establish that she was denied access to the Association's records, Petitioner failed to present sufficient evidence to establish that any such denial was due to any discriminatory animus on the basis of her race.6/ Access to Property Petitioner's Access The original Condominium Rules and Regulations provided that, "[a]utomobiles belonging to residents must at all times bear the identifying garage sticker provided by the Association." On July 27, 2011, Ms. Zarante, on behalf of the Condominium, authored a memorandum to all residents. The contents of the memorandum are as follows: DEAR RESIDENT, PLEASE BE INFORMED THAT AS OF TODAY, YOU MUST DISPLAY THE CAR BARCODE LABEL IN YOUR CARS AT ALL TIMES, WHILE COMING INTO THE BUILDING SO YOU CAN USE THE RESIDENT'S ENTRANCE GATE AND WHILE YOUR CAR IS PARKED IN YOUR ASSIGNED PARKING SPACE. ALSO, THE DRIVER SIDE OF THE CAR'S WINDSHIELD MUST DISPLAY THE WINSTON TOWERS LABEL SHOWING THE SPACE NUMBER. IN CASE YOU DO NOT HAVE THE BARCODE LABEL OR THE WINSTON TOWERS LABEL, PLEASE, STOP BY THE OFFICE IN ORDER TO GET THEM. IF YOU ALREADY HAVE THE CAR BARCODE LABEL DISPLAYED IN YOUR CAR, WE ASK YOU TO PLEASE REFRAIN FROM USING THE VISITOR'S GATE AND TO ALWAYS USE THE RESIDENT'S ENTRANCE GATE. On that same date, Ms. Zarante, on behalf of the Condominium, authored a memorandum to the gate security personnel. Said memorandum set forth the same information as above, and further advised the gate personnel to advise residents without the requisite barcode and label to stop by the office to obtain the same. The memorandum further instructed the security personnel as follows: SHOULD THE RESIDENT WITH A CAR BARCODE LABEL ALREADY PLACED IN THE CAR STILL DECIDES [sic] TO USE THE VISITOR'S GATE, PLEASE TELL THEM THAT YOU WILL ONLY OPEN THAT TIME FOR THEM, THAT IN THE FUTURE THEY MUST USE THE RESIDENT'S ENTRANCE GATE AS YOU WILL NOT OPEN FOR THEM. SHOULD THEY HAVE ANY PROBLEM WITH THE BARCODE LABEL, PLEASE TELL THEM TO STOP BY THE OFFICE. On September 8, 2011, the Board of Directors issued a memorandum to "Residents Using Visitor's Gate" entitled "FINAL NOTICE/RESIDENT BUILDING ACCESS." The memorandum advised the residents as follows: DEAR RESIDENT, PLEASE BE INFORMED THAT YOU MUST DISPLAY THE CAR BARCODE LABEL IN YOUR CARS AT ALL TIMES. YOU MUST USE THE CAR BARCODE LABEL AND USE THE RESIDENT'S ENTRANCE WHEN ENTERING OUR BUILDING. SHOULD YOU CONTINUE USING THE VISITOR'S GATE, WHICH IS FOR VISITORS AND DELIVERIES ONLY, YOU WILL NOT BE ADMITTED. AS AN OWNER/RESIDENT YOU WILL BE PERMITTED TO ENTER; HOWEVER, YOUR AUTOMOBILE WILL NOT. IF YOU LEAVE YOUR AUTOMOBILE IN THE VISITOR'S ENTRANCE THE POLICE WILL BE NOTIFIED AND YOUR AUTOMOBILE WILL BE TOWED. PLEASE, ABIDE BY THE RULES AND REGULATIONS TO AVOID FUTURE PROBLEMS. The Condominium maintained regular office hours of 9:00 a.m. to 5:00 p.m. for residents to obtain the aforementioned barcode/label. On or about September 14, 2011, Petitioner attempted to enter the Condominium using the visitors' gate. Despite being advised of the barcode/label requirement and the admonition against using the visitors' gate, Petitioner had not acquired the barcode/label. After the security officer advised Petitioner that he was not permitted to open the visitors' gate for residents, Petitioner entered the security gate house and opened the gate herself. As a result of her actions, law enforcement was called to the scene, and ultimately Petitioner gained access to the Condominium. Subsequently, as a result of Petitioner's actions, she was advised via correspondence that her actions were improper.7/ After obtaining the requisite barcode/label, there is no evidence that Petitioner experienced any further inconvenience regarding the gate. The undersigned finds that Petitioner was not denied access to her property. The undersigned further finds that Petitioner presented no evidence that any inconvenience regarding the gate was due to her race. Petitioner's Son Visitors of unit owners were required to pay $2.00 to park in the guest parking lot. Unit owners, like Petitioner, for the convenience of their guests, were permitted to pre-pay for a guest if the guest was anticipated to arrive that day. Carlos Devesa, a security guard at the front gate, testified that a special exception was made for Petitioner, wherein she was allowed to accept a deposit for her guests for a longer period of time. Petitioner testified that on one occasion, a security guard, who is not an employee of the Condominium or the Association, delivered a package to Petitioner's son at the front gate. Petitioner extrapolates that benefit into a denial of access to her property: Security was trying to be nice by greeting him off the property with a package that was left on the property for him. Q. Okay. What evidence do you have that was based on race? A. In the case of my son, again, he was denied access to come to the property. It wasn't because of parking, so maybe you should have been asking security what was his motivation. Q. I'm asking you because you made the allegation. A. Well, I believe that he met him out at the street because he wanted to interfere with his right to come on the property. The undersigned finds that Petitioner's son was not denied access to Petitioner's property. The undersigned further finds that Petitioner failed to present any evidence that Petitioner's son's access to Petitioner's property was denied due to her or his race. Lien Between the twelfth and fifteenth day of each month, the Association runs a "delinquency report." If it is determined that a unit owner or resident is delinquent (in maintenance fees, assessments, etc.) an initial letter is issued reminding of the delinquency. If the delinquency is not then satisfied, a thirty (30) day certified letter is issued. Thereafter, if the delinquency is not cured, the Association ceases to be involved and refers the matter to the Association's legal counsel for further handling. It is undisputed that Petitioner became delinquent in maintenance fees. Following the above protocol, a lien was ultimately placed on Petitioner's unit. Thereafter, Petitioner satisfied the maintenance fees; however, she refused to pay the attorneys' fees associated with the legal process. Petitioner contends that she was treated differently in the lien process due to her race. In support of her position, Petitioner believes that Unit 2007 was not subject to the same protocol. The evidence establishes that Unit 2007 was delinquent for a longer period of time than Petitioner's unit prior to being sent to the Association's counsel. Unlike Petitioner's unit, however, Unit 2007 was placed in foreclosure, and was ultimately sold through a foreclosure sale. The undersigned finds that a lien was placed on Petitioner's unit. The undersigned finds that Petitioner presented no evidence to establish that the lien process was initiated due to her race.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 17th day of July, 2014, in Tallahassee, Leon County, Florida. S TODD P. RESAVAGE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 2014.
