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Executing Managerial duties without a CAM license

Started by RickN • 11 replies • 3226 views

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RickN (Florida)
Posts: 27
Posted:
On June 16, 2006, our President (without Board approval) elected to fire our licensed manager. Since then, we've been operating without a licensed manager. The President has chosen our administrative assistant to become the next manager though she has no CAM license. She has applied for her license, but in the meantime, she has been placing her name on meeting notices, disbursing Association funds, and seeing to the day to day maintenance of our property, violating (in my opinion) Florida Statute 468.431. As Vice President, I've advised the President of the violation, but he insist on doing things his way. It's been almost 4 months now. Has anybody encountered such a dilemma?
RickN
StuartW1 (Connecticut)
Posts: 2
Posted:
Hi Rick
You give no reason as to why you are attacking the individuals mentioned. If the AA has been chosen to be the next manager and is in the process of working towards her license then why would you want to lose an individual who is clearly showing positive proactive behaviour by trying to attain the required license? It seems as though you have a personal biased towards these individuals.

RogerB (Colorado)
Posts: 5,067
Posted:
Rick, I wonder why you are not first concerned about the improper actions by your President. The President had no authority to fire or to hire - this must be done by the Board. The dilemma can be cured by the Board removing the President from office. After that the Board can decide whether the current manager has an Agreement signed by the President. If they do it would be wise to honor it so long as they are doing a good job.
RickN (Florida)
Posts: 27
Posted:
Thank you Roger for responding to my post. Unfortunately, the other Board member (secretary) has now sided with the President since the incident. But regardless, no motion nor discussion was had before the firing/hiring occurred. The President is running an "I am the sheriff" show, and I've been made a casual observer. So much for working together.
RickN
RickN (Florida)
Posts: 27
Posted:
Thank you Roger for responding to my post. Unfortunately, the other Board member (secretary) has now sided with the President since the incident. But regardless, no motion nor discussion was had before the firing/hiring occurred. The President is running an "I am the sheriff" show, and I've been made a casual observer. So much for working together.
RickN
RickN (Florida)
Posts: 27
Posted:
Stuart,
Florida Statute 468.431 is very clear. No one can exercise managerial duties without first obtaining a CAM license. According to a Regional Director from a reputably large management company, if the State were to follow up on this, not only could they sue/fine the Board, but the DOA insurance would not cover/protect the Board for willfully violating the Statutes. I am not ATTACKING anybody, but I am protecting myself and my family for any liability.
RickN
BTW- if you've read previous posts, it was the President who single handedly fired the previous manager/hired the admin person to become the next manager. Our docs are clear, the BOARD hires/fires, not the President. Do I have a bias against someone? NO. Should I allow the Board to willfully violate the bylaws/statutes? I think you know the answer
RickN (Florida)
Posts: 27
Posted:
Stuart,
Florida Statute 468.431 is very clear. No one can exercise managerial duties without first obtaining a CAM license. According to a Regional Director from a reputably large management company, if the State were to follow up on this, not only could they sue/fine the Board, but the DOA insurance would not cover/protect the Board for willfully violating the Statutes. I am not ATTACKING anybody, but I am protecting myself and my family for any liability.
RickN
BTW- if you've read previous posts, it was the President who single handedly fired the previous manager/hired the admin person to become the next manager. Our docs are clear, the BOARD hires/fires, not the President. Do I have a bias against someone? NO. Should I allow the Board to willfully violate the bylaws/statutes? I think you know the answer
LindaC3 (Florida)
Posts: 526
Posted:
I am not ATTACKING anybody, but I am protecting myself and my family for any liability.
RickN

Just as in the State of Florida it is against the law to engage in the practice of doing construction WITHOUT a license you need to contact DPBR and advise them of your situation if you want to protect your interest- As a Board Member yourself, failing to notify DPBR makes you just as liable should anything happen,your silence condones the President's action.If you feel uncomfortable notifying DPBR then maybe you should distance yourself from the Board and resign.You may also want to ask DPBR if "working under a provisional license" for you AA would apply in this situation,in any case you need to address this situation QUICKLY....Best of Luck Linda (florida)
RickN (Florida)
Posts: 27
Posted:
Stuart,
Read and learn:

Just as in the State of Florida it is against the law to engage in the practice of doing construction WITHOUT a license you need to contact DPBR and advise them of your situation if you want to protect your interest- As a Board Member yourself, failing to notify DPBR makes you just as liable should anything happen,your silence condones the President's action.If you feel uncomfortable notifying DPBR then maybe you should distance yourself from the Board and resign.You may also want to ask DPBR if "working under a provisional license" for you AA would apply in this situation,in any case you need to address this situation QUICKLY....Best of Luck Linda (florida)
RickN (Florida)
Posts: 27
Posted:
Thank you Linda for your thoughtful insight. I have notified DBPR and have submitted an "unlicensed activity" report. It is unfortunate because I believe the person involved could one day become a very good manager. The President is the one who has chosen to take this course of action which could jeapardize her career.
RickN
LindaC3 (Florida)
Posts: 526
Posted:
RickN-- You are welcome-- First thing I did was check our manager license thru the states web site when i came into a HOA, I am involved in the Construction Industry as a Residential designer and more times than not these people in florida hire unlicensed contractors then cry foul when they run with their money- If you hire an unlicensed contractor here in florida you can be charged with aiding and abetting.......Guess the same could be said for allowing an unlicensed CAM to run your facility.Alwats best to CYA......Keep us updated to your situation as it progresses...LindaC
PhilipD1 (Florida)
Posts: 3
Posted:
Rick...........
It only takes 10% of the membership to recall the Pres if he is out of line.
The "I am the Sheriff" attitude is what totally ruins the whole HOA system of community living. The power hungry are allowed to grab everything and end up like little 'gestapos' making life miserable for everyone. Time to put an end to it.
If he cannot and will not follow the statutes, then he has no place on the Board of Administration and should be removed immediately. Remember, you as a member of the Association have more power than you appear to think you have, but as Vice President you are aiding and abetting an apparently illegal act, and can be held equally responsible by the members who elected you in the first place. (((Caught between a rock and no place to fall.....except into your conscience.))) Do the Right Thing.......Remove him.

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