Florida Bar dismisses complaint alleging Century Village board member illegally practiced law

The Florida Bar has dismissed a complaint alleging that a board member at Century Village near West Palm Beach was illegally practicing law .

The Palm Beach Post reported Wednesday that Fausto Fabbro, the president of the organization that manages the sprawling retirement community, filed a complaint with The Florida Bar against his recording secretary, Kelly Janssen, for allegedly providing legal advice to residents of Century Village, one of Florida’s oldest and largest 55-and-older communities with 309 condominium associations and more than 12,000 residents.

In a letter dated August 23 to Janssen, The Florida Bar said it was closing the file "due to insufficient evidence."

"I am pleased that the Florida Bar decided not to move forward," Janssen said. "The decision validates my claim that the complaint was frivolous."

But Janssen says he's continuing to pursue an effort to recall Fabbro. He has already filed a claim with the community's insurance company to reimburse him for any legal costs he may incur. He added that he may sue the United Civic Organization (UCO) board for filing the complaint against him in the first place.

Fabbro, president of the UCO, a non-profit that oversees the development's common areas, said in his complaint that Janssen sounds and acts like a lawyer by creating documents that lawyers routinely produce. Practicing law without a license is a third-degree felony in Florida. It can result in a maximum sentence of five years in prison and a fine of up to $5,000.

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“What they are saying is that my advice is so official-looking and reads so well that it could only have come from a lawyer,” Janssen told the Post. “It is ridiculous, and they know it."

Janssen told The Florida Bar that Fabbro filed the complaint after Janssen nearly defeated him in a recent election, losing by only seven votes. Janssen was subsequently elected to serve as recording secretary.

“Janssen is basically giving deceptive legal advice to the members of UCO which is false and adverse to their interests,” Fabbro's complaint alleges. It says Janssen’s knowledge of the law is no greater than that of the average citizen.

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At issue are pleadings and advice Janssen has issued to residents as the chair of a recently created “Synergy Committee” he founded to help answer questions about Century Village operations. Some of the responses simulate “formal court pleadings,” according to the complaint, noting: “The drafting of an official Court pleading is actively relating to the practice of law.”

Janssen said he knows the law and has taught himself how to file pleadings, but he said he has been careful to advise residents at Century Village that he is not a lawyer and that his responses should not be considered legal advice. The Florida Bar complaint was filed by UCO's lawyer, Rod Tennyson. Efforts to obtain comment from Fabbro and Tennyson were unsuccessful.

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Mike Diamond is a journalist at The Palm Beach Post , part of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at mdiamond@pbpost.com . Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Florida Bar dismisses complaint alleging Century Village board member illegally practiced law