Las Vegas, NV -
September 23, 2015The Nevada Commission for Common-Interest Communities
and Condominium Hotels yesterday accepted a settlement agreement that resulted
in the surrender of the community manager certificates of Leslie White, Audra
Collins and Ryon Collins to the Real Estate Division. The trio provided
community management services in southern Nevada through their company NCF
Corporation, doing business as Associated Community Management. In addition
to the surrender of their certificates, the Commission also imposed an
administrative fine of $35,000 plus $6,000 for the cost of the
investigation.
The Real Estate Division of the Department of Business
and Industry presented to the commission a stipulated agreement on behalf of
respondents Leslie White, Audra Collins and Ryon Collins accepting the State’s
allegations that respondents knowingly and willfully violated multiple statutes
of state law. Under the terms of the stipulation agreement, Leslie White and
Audra Collins would forfeit their supervisory community manager certificates
for no less than 10 years. Ryon Collins
agreed to surrender his community management certificate for no less than five
years.
The Division’s investigation was initiated after a
review of the company’s annual registration forms filed with the Division by
Leslie White and Audra Collins. The
investigation, which initially set out to determine whether 21 associations
managed by the company had board members, was expanded in scope after White and
Collins failed to answer the Division’s letter detailing alleged violations and
failing to produce documentation as requested.
Upon subpoenaing bank records for a 12 associations
and the management company in January 2014, and subsequently the bank records of
16 additional associations, the Division found hundreds of violations of
law. Violations of NRS 116 included
committing unprofessional conduct and incompetence by engaging in such activities
as applying only one signature on association checks, signing checks for
charges that were not approved by the association’s boards, receiving payment
for fees or charges not specified in a management agreement, among others.
During the course of the investigation, the Division
also found that in a number of instances, the management company was performing
services without a valid management contract in place.
“The Division’s
primary interest in this matter was in ensuring that these individuals would no
longer be able to take advantage of homeowner’s associations using their
licenses as community managers in the State of Nevada,” said Real Estate
Division Administrator JD Decker. “Their
actions outside the law were not only harmful to the associations to which
these community managers owed a duty of care, but to the entire industry which
is designed to serve the best interest of unit owners. The Real Estate
Division will take the appropriate action to protect homeowners and ensure that
these bad actors are brought to justice. ”
About the Nevada
Real Estate Division:
The mission of the Nevada Real Estate Division, an agency of the
Department of Business and Industry is to safeguard and promote interest in
real estate transactions by developing an informed public and a professional
real estate industry. For more information
about the Nevada Real Estate Division or the Commission for Common-Interest
Communities and Condominium Hotels, please visit http://www.red.state.nv.us/ .
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