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Saturday, December 28, 2013

Jade Winds Complaints and Violations- It's a 2-Way Street with Laws

When a formal complaint or allegation is made against a community association manager or CAM firm the department will investigate, condu..
ct hearings then reach its final decision and disciplinary action, if any.

However,  if a complaint or allegation is made against a Jade Winds unit owner or resident, you will be fined, excessively and repeatedly, without regard to reason or law. 

I have highlighted some sections of this Florida Statute for emphasis. 

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FS 468.436 Disciplinary proceedings.—
(1) The department shall investigate complaints and allegations of a violation of this part, chapter 455, or any rule adopted thereunder, filed against community association managers or firms and forwarded from other divisions under the Department of Business and Professional Regulation. After a complaint is received, the department shall conduct its inquiry with due regard to the interests of the affected parties. Within 30 days after receipt of a complaint, the department shall acknowledge the complaint in writing and notify the complainant whether or not the complaint is within the jurisdiction of the department and whether or not additional information is needed by the department from the complainant. The department shall conduct an investigation and shall, within 90 days after receipt of the original complaint or of a timely request for additional information, take action upon the complaint. However, the failure to complete the investigation within 90 days does not prevent the department from continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this part, chapter 455, or a rule of the department has occurred. If an investigation is not completed within the time limits established in this subsection, the department shall, on a monthly basis, notify the complainant in writing of the status of the investigation. When reporting its action to the complainant, the department shall inform the complainant of any right to a hearing pursuant to ss. 120.569 and 120.57.
(2) The following acts constitute grounds for which the disciplinary actions in subsection (4) may be taken:
(a) Violation of any provision of s. 455.227(1).
(b)1. Violation of any provision of this part.
2. Violation of any lawful order or rule rendered or adopted by the department or the council.
3. Being convicted of or pleading nolo contendere to a felony in any court in the United States.
4. Obtaining a license or certification or any other order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts.
5. Committing acts of gross misconduct or gross negligence in connection with the profession.
6. Contracting, on behalf of an association, with any entity in which the licensee has a financial interest that is not disclosed.
7. Violating any provision of chapter 718, chapter 719, or chapter 720 during the course of performing community association management services pursuant to a contract with a community association as defined in s. 468.431(1).
(3) The council shall specify by rule the acts or omissions that constitute a violation of subsection (2).
(4) When the department finds any community association manager or firm guilty of any of the grounds set forth in subsection (2), it may enter an order imposing one or more of the following penalties:
(a) Denial of an application for licensure.
(b) Revocation or suspension of a license.
(c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.
(d) Issuance of a reprimand.
(e) Placement of the community association manager on probation for a period of time and subject to such conditions as the department specifies.
(f) Restriction of the authorized scope of practice by the community association manager.
(5) The department may reissue the license of a disciplined community association manager or firm upon certification by the department that the disciplined person or firm has complied with all of the terms and conditions set forth in the final order.
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If anything stands out to you please let it be known.  It is your right to do so.  

9 comments:

  1. I would say the letter put out by the manager calling unitowners hoodlooms,illegals(btw) managment should be responsible for maintaning records of who resides at jade winds, if there are hoodlooms and illegal renters as they statted in their letter where is their due dillegence?? I will be sending my letter in, alsmo allamo is no longer connected with jade winds he was asked to step down, he never stepped up so he remains the same!!! Monday i am taking a trip to first service with a file filled, on top is the discracefull letter put out by managment! Anyone care to join? My first question will be imagine how long its been going on for owners to get to the point where they have to call news stations and stand outside!!!!

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    Replies
    1. I was also disgusted by the letter. Its plain intimidation . Ones more, spending our money not ones but three times in my case on paper stamps and obviously a lot of time of the office staff to make this happen.

      Delete
  2. I wish I can join you on Monday. You should take somebody with you who wouldn't mind video recording the visit. It is best to get all matters recorded if possible or if not have witnesses with you who can back up what occurs at these visits.
    Your last point above is right on the money. It is a shame management and the BOD have failed to realize this. Not only has this Association dropped the ball with hearing our cries but the have put salt in the wounds with these slanderous letters, unsubstantiated allegations, and improper and unlawful fines. Thanks for reading and posting. Please spread the word and website to your friends and neighbors.

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  3. I am an elected director in the Jade Winds association. I was repatedly trying to get in toutch widh the association manager, assistent manager and the president. so far I had no aswer , also we had no bord meetings since early fall.!! Owners are asking me if I know what is happening to our property , and I have no answer to them at all.

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  4. Director,
    You are not the only board member to have that problem. Keep notes of all your activities. Make the effort to get the answers you are entitled to. Listen to the wants and needs of your neighbors and ask for their help in helping you achieve those goals. Its a new year and a new time to improve our community.

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  5. Chanel 7 was on the property as well, Jade threatened to call the cops on them and of curse no one in the office replied or opened the doors. The Gate hit my car as soon as they fixed it. So I contacted them and made the report as soon as this happened and they said that they were going to take care of it. Then they send me a letter signed by Donna Martin as (Jade Winds). Now Mr. Anselmo Liano stated he is no longer in charge but the new Director is Miriam Santiago (That name seems very familiar and should be familiar to all of us). So I brought up the issue to them and they told me to contact the state ombudsman if I am not happy with the Board’s decision. What kind of Management is that? I told them I do not want to take it to court and settle this outside without any legal or attorney fees, but they are just not doing anything. (This will eventually bring up the cost of our insurance and maintenance). They also failed to provide me with any records as well.
    Does anyone have any advice or did this happen to anyone else?


    http://www.wsvn.com/features/articles/helpmehoward/MI99771/car-vs-gate/

    ReplyDelete
    Replies
    1. Hi there:
      How come Miriam Santiago is familiar? Perhaps I am missing something.

      You can file a complaint regarding this matter with the Condominium Ombudsman here: http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumOmbudsman.html

      Thanks.

      Delete
  6. Friday night i came on to the property at 230 am, all the gates were opened and no one was in the booth, i drove arpung to find a rover, nothing!!! Got to my building and the elevator was out of order and not a person around to report it to.pathetic,
    I also found a old agenda and attached minutes where sandra fox and florence portsy made a motion to not have any female security guards, i guess they forgot their own motion! Its very important for people in the alamands to run for the board, or thoses 2 useless members will keep their spot on the board, over the years they both have used their positions to bully neighbors and secure a handicapped parking spot for themselvs, we dont need people like that

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  7. How do I post a new post on this site?

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