Corruption Basics defined by Florida Law Apply to Florida Property Management Group

There are quite a few head-shaking moments for this writer upon hearing or reading narratives of clownish antics by Javier “Jay” Lopez and his associates and FPMG. Clownish is meant in the same way that Milan Kundera wrote of politicians all being clowns good for brief moments of entertainment while taking themselves far too seriously for their qualifications and achievements.

What harm can these clowns do?

It appears to be quite a bit. Take a look at recent images of Devon-Aire Villas #3 as representative of the “professional management” services rendered at nearly twice a fair market price.

Left for two weeks + in Devon-Aire Villas #3

And this image of a doggies-doo bin that was left full for a couple of weeks before the contracted service responded to complaints of residents. FPMG is earning those exorbitant fees, right?

Doggies' Deposits sit for up to three weeks

These are the same people that became preoccupied with a rumored recall motion to the extent that they became personally involved in slander and interference with the “democratic” process of members of Devon-Aire Villas HOA #3 to elect their own representation. By the words and actions of David Briel, Jay Lopez and staff at FPMG it would seem that they had a mandate to determine who serves as a director and who does not.

As an outside contractor, that must have been inclusive in the contract, right?

There's not a chance this is true.

Even though FPMG and the HOA board president Jose Hoyos have thus far refused to let anyone see, read or photocopy that assumed contract with FPMG, I'm willing to bet that there is no provision that allows FPMG to participate in selection of a board of directors. At least, not in the exceedingly biased way that Briel, Lopez and company have done.

Specific Documents requested this date but never provided

This is to say, there is a way that FPMG should have been assisting in board selection. But they did not. FPMG should have followed the governing documents and ensured that Devon-Aire Villas HOA #3 had a Nominating Committee seated to fill vacancies. That did not happen.

Florida Statutes define governing documents as pertinent sections of Florida Statues, Articles of Incorporation and adopted Bylaws. It's simple. Florida Statutes also define limits of Community Association Management (CAM) Firms. Briefly, it sums as adhere to the contract. Statutes also prohibit CAM managers and firms from exceeding the contract. By actions of Briel, Lopez and others at FPMG you wouldn't think so.

Look at the picture below. Yes, that announcement of the “next scheduled” annual meeting at Devon-Aire HOA #3 was posted as “October 14, 2008.” The photo was taken in October 2015. No kidding.

Notice of Annual Meeting left posted for seven years & three months

At that time concerned members were beginning to question a few things around the community, like uncollected piles of trash, poor quality lawn maintenance and sudden “enforcement” of long-dormant towing rules. Asking questions led to the beginning of the recall movement. After Jay Lopez confirmed through numerous phone calls that a recall campaign was indeed under way, among other countermeasures another annual meeting was scheduled for January 14, 2016. It was the first in seven years and three months. That's the gap in time between annual meetings scheduled by FPMG for Devon-Aire Villas HOA #3. 

Oh, those pesky governing documents! It's in writing: annual meetings are supposed to take place every year. Even more of a nuisance for FPMG, the board is supposed to produce an annual audit report, a statement of income and expenses and a proposed budget for the coming year. By all appearances, not one of these exists because none was produced over those previous six years.

It is easy to see that if FPMG were a sports team coach, they would have been fired after the third year of zero wins and countless losses. But no, not on behalf of Devon-Aire Villas HOA #3 members. Even after having an empty pretense of an annual meeting at which virtually no business was conducted, except for the FPMG lawyer who apparently racked up a few billing hours for attending, FPMG non-performance continues.

How to get offered a Board position by unscrupulous CAM managers

But again, not entirely. Jay Lopez was overheard at a non-meeting with two members on December 24, 2015, offering to refund towing charges to one David P. Or at least that is what he appeared to be doing during a phone call with the towing company; "I have to give a refund," he said. Can anyone be sure that there was another person on the phone, or was he faking that conversation? It happens to be the case that David Briel, owner of FPMG and by that fact he must hold a CAM license, promised David P., during the annual meeting of January 14, 2016, a position on the HOA board of directors. Although that promise was conditional upon FPMG being successful in smashing the ongoing recall effort and David P. steps away from supporting a recall. Whose money would be refunded to David P. for a towing fee that never should have been incurred over the holidays in late 2015? Is FPMG committed to paying for its over-zealousness in selectively enforcing towing of vehicles? Probably not. Payment of towing refunds, if it ever comes, will come from Association funds? It appears so.

After making that promise, however, Jay opted to block David P. from reaching him by phone. So much for trust.

This is what the State of Florida has to say about rules that Jay Lopez is bound by:

468.4334 Professional practice standards; liability.—

(1) A community association manager or a community association management firm is deemed to act as agent on behalf of a community association as principal within the scope of authority authorized by a written contract or under this chapter. A community association manager and a community association management firm shall discharge duties performed on behalf of the association as authorized by this chapter loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full disclosure to the community association; accounting for all funds; and not charging unreasonable or excessive fees.

This is one statement that could be read from the last clause to the first; not charging unreasonable or excessive fees is enough to send Lopez to detention. Accounting for all funds? Full disclosure to the community association? Dealing honestly and fairly, in good faith? Keep in mind that it was Jay Lopez who demanded that he be held to these standards when he ran his mouth, talking over but not listening to two concerned HOA members in their home on December 24, 2015.

No audits, no financial statement, no projected budgets and no annual meeting for six years and counting. 

This is what the State of Florida says about this:

468.4334

(b) Indemnification under paragraph (a) may not cover any act or omission that violates a criminal law; derives an improper personal benefit, either directly or indirectly; is grossly negligent; or is reckless, is in bad faith, is with malicious purpose, or is in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

This is to say, Jay Lopez and FPMG is financially responsible to pay for their mistakes and violations of contractual requirements. There is more.

455.227 Grounds for discipline; penalties; enforcement.—

(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.(b) Intentionally violating any rule adopted by the board or the department, as appropriate.(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.(k) Failing to perform any statutory or legal obligation placed upon a licensee.(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.(n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.

Instead of interfering in a recall campaign, Lopez and FPMG should have resigned because as professionals they know beyond any doubt that their own violations of law and contractual fiduciary responsibilities disqualify the firm and its individuals from continuing.

As this story continues we will demonstrate this specifically.