CAI encourages the national certification of community association managers. In states that propose mandatory regulation of community association managers, CAI will support a regulatory system that incorporates adequate protections for homeowners, mandatory education, and testing on fundamental management knowledge, standards of conduct and appropriate insurance requirements. CAI opposes the licensing of community association managers as real estate brokers, agents or property managers.
This resource center will provide state-specific information on enacted manager licensing/registration/certification/standards laws and pending legislation. It will also provide guidance and resources for those members and states that are discussing this issue.
Manager Licensing Archive
Synopsis of Current State Laws:
Alaska
California
Connecticut
District of Columbia
Florida
Georgia
Illinois
Kentucky
Nevada
Virginia
Under Chapter 88 of the Alaska Real Estate Commission's regulation entitled "Real Estate Statutes and Regulations' Real Estate Brokers and Other Licensees," a person may not collect fees for community association management or practice or negotiate for a contract to practice community association management unless licensed as a real estate broker, association real estate broker, or real estate salesperson in this state (Chapter 88, Article 02, Section 08.88.161.(5) and (6)). A person can qualify for a limited license to practice community association management by obtaining an associate broker license if, at the time of issuance, the person is employed by a broker (Sec. 08.88.171.(e-f)). 
Real Estate Commission Statutes and Regulations
As approved by the Governor September 26, 2007 AB 691 (Chapter 236) reauthorizes for another five years its voluntary Manager Certification Titling Act, modifying the requirements needed to be called a "certified common interest development manager." Additionally, under SEC. 4. Section 11502 of the amended Business and Professions Code, the continuing education courses required for a manager to call herself/himself a "Certified CID Manager" are preserved.
This Act will remain in effect until January 1, 2015.
The Connecticut Legislature has amended a number of provisions of the state's Condominium and the Common Interest Ownership Acts, as well as the provisions of the Connecticut statutes governing the registration of managers, effective on October 1, 2007. Among other provisions, SB 1089 (Public Act No. 07-243) amends the provisions that govern the registration of property managers, and broadens the range of people that must register with the Department of Consumer Protection ("Department").
Prior to October 1, 2007, a management company was required to register with the Department, but the individual managers or other employees of that company were not required to register. However, the Department interprets the amended requirements to be much broader. According to the Department, these amendments require anyone who provides management services, as defined by Section 20-450, including any partner, director, officer, or employee of a management company, to register individually.
Section 20-450 defines management services as any one of the following:
- Collecting, controlling, or disbursing funds of the association or having authority to do so.
- Preparing budgets or other financial documents for the association.
- Assisting in the conduct of or conducting association meetings.
- Advising or assisting the association in obtaining insurance.
- Advising the association in the overall operations of the association.
Section 20-450 states that professionals who are licensed by the state, such as attorneys, are exempt from having to register. An officer or director is also exempt, so long as he or she does not control more than two-thirds of the voting power in the association. However, under the Department's broad interpretation, anyone else who provides any of the listed management services must register.
Statute for Manager Registration Requirement
Manager Registration Form
The Real Estate Board of the District of Columbia's Department of Consumer and Regulatory Affairs regulates community association managers as commercial "property managers." Unless licensed as such by the District of Columbia, no person shall use the term or words "property manager" to imply that he or she is licensed as a property manager in the District.
A person is eligible for licensure as a property manager, if the person:
- Is able to read, write, and understand the English language
- Has passed the property managers' examination
- Is a high school graduate or the holder of a high school equivalency certificate
- Has not had an application for a property's manager's license denied for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed
- Has not had a property manager's license suspended in the District or elsewhere which suspension is still in effect on the date on which his or her application is filed
- Has not had a property manager's license revoked in the District or elsewhere within three years prior to the date on which his or her application is filed
There are no pre-licensing requirements for property managers. All real estate licensees are required to complete 15 hours education as determined by the Real Estate Board. The examination utilized for licensure of "property managers," does not measure the core competencies of community association managers.
Florida's Department of Business and Professional Regulation ("Department"), through the Regulatory Council of Community Association Managers, regulates the licensure of community association managers under Chapter 468, Part VIII, Florida Statutes and Chapter 61-20, Florida Administrative Code. In most circumstances, community association managers in Florida are required to be licensed in order to carry out their duties as a manager.
If someone provides management services for an association with more than 10 units, or a budget of $100,000 or greater, and receives compensation for those services, a Community Association Manager license is required. The threshold from 50 units to 10 units is a recent change that became effective October 1, 2008 when Governor Charlie Crist signed into law House Bill 995 which sets forth this requirement (see CAM FAQs at: http://www.myflorida.com/dbpr/pro/cam/documents/cam_faq.pdf).
Effective January 1, 2009, all Community Association Management Firms responsible for the management of more than 10 units or a budget of $100,000 or greater, must be licensed by the Department to provide association management services.
House Bill 995 also requires management firms to be licensed effective January 1, 2009. Applications are available on the website. For specifics, review frequently asked questions relative to the licensing of management firms at the following link: http://www.myflorida.com/dbpr/pro/cam/faq.html. Licenses will be renewed on September 30 of odd numbered years. For management firms receiving licenses prior to September 30, 2009, the licenses will be valid through September 30, 2011. All management firms currently registered with the department will be required to be licensed by September 30, 2009. Additionally, each management firm seeking licensure with the department must designate at least one CAM who will respond to inquiries from and investigations by the department. If the management firm does not employ at least one licensed CAM, the management firm’s license will be invalid during that time period.
A community association manager is defined as: a person who is licensed to perform community association management services including the following:
- Practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration;
- Controlling or disbursing funds of a community association;
- Preparing budgets or other financial documents for a community association;
- Assisting in the noticing or conduct of community association meetings;
- Coordinating maintenance for the residential development and other day-to-day services involved with the operation of a community association.
A person who performs clerical or ministerial functions under the direct supervision and control of a licensed manager or who is charged only with performing the maintenance of a community association and who does not assist in any of the management services described above is not required to be licensed.
Licensing applicants are required to:
- Be at least 18 years of age
- Have successfully completed all pre-licensure education requirements
- Satisfactorily completed a minimum of 18 in-person classroom hours of instruction within 12 months prior to the date of examination
- Be of good moral character as defined in Florida administrative code
- Take and pass the licensure examination
- File a complete set of fingerprints that have been taken by an authorized law enforcement officer
A Community Association Management Business Entity must register:
61-20.003 
Business Entity Registration.
(1) A corporation, association or other organization or entity that engages in, or is desirous of engaging in, the business of community association management shall be registered under this rule and shall employ only licensed persons in the direct provision of community management services. Such entities shall, no later than October 1, 1988, register with the division, on a BPR form 33-008, COMMUNITY ASSOCIATION MANAGEMENT BUSINESS ENTITY REGISTRATION, incorporated herein by reference and effective 2-5-91.
(2) No entity described in subsection (1) above may, subsequent to October 1, 1988, conduct association management business or use its name in the conduct of its business without first registering with the division.
(3) There shall be no fee required to register an entity with the division. Once an entity is registered, no renewal of the registration is required, and the registration shall be deemed valid unless suspended or revoked pursuant to Section 468.436, F.S., or Rule 61-20.503, F.A.C.
(4) As officers or licensed personnel or the business address change, the division shall be notified on BPR form 33-008, Community Association Management Business Entity Registration, within 60 days of such change.
The Department has a Q&A for frequently asked questions.
Community association managers (CAMs) must be licensed under the Georgia Real Estate Commission, Chapter 40 REAL ESTATE BROKERS AND SALESPERSONS, in order to function as a community association manager in the state:
(4.2)"Community association management services" means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.
(4.3)"Community association manager" means a person who acts on behalf of a real estate broker in providing only community association management services.
Individuals must be at least 18 to be licensed as a community association manager, and applicants for the CAM exam must complete educational course hours; there are no experience requirements for a community association manager's license. Reports are that the CAM tests focuses more on knowledge of real estate issues and law, as opposed to more of the critical competency areas of managing community associations, although CAI advocates that managers be tested and regulated on the core functions associated with managing community associations, and not as property managers, brokers, or real estate licensees.
The Commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being managed by the broker against loss of any funds belonging to those community associations being held or controlled by the broker.
After years of discussions, coalition building, and drafting language, the Illinois Community Association Manager Act, SB 1579, was approved by Governor Patrick Quinn and became law on August 25, 2009 as Public Act 96-0726.
The Illinois Legislative Action Committee, with support from CAI and NBC-CAM, led the initiative to establish important consumer protections, set professional standards for managers, and distinguish the unique role managers play in community associations.
Background
Senate Bill 1579 follows a continuing collaborative effort with the realtors lobby on a codification of an association managers standards of professionalism and financial responsibility law (effective January 1, 2008; Public Act 095-0318; House Bill 1071). Background on that bill can be found at this link.
Key Provisions
A brief Illinois Manager Licensing FAQ sheet about this new law has been developed to help members better understand key provisions.
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This law becomes effective July 1, 2010. At that time, the State will appoint a Community Association Manager Licensing and Disciplinary Board (Board) to develop regulations to fully implement the requirements of the Act. Twelve months after the regulations are adopted, individuals will be unable to provide services as association managers without a state license. At this time, the earliest this requirement is likely to be effective will be July, 2011.
This law creates minimum qualifications for licensure, provides financial security to associations, imposes discipline for manager misconduct, and requires continuing education to renew a license.
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Community Association Manager is defined as an individual who administers for remuneration the financial, administrative, maintenance, or other duties for the community association, including the following services:
(A) Collecting, controlling or disbursing funds of the community association or having the authority to do so
(B) Preparing budgets or other financial documents for the community association
(C) Assisting in the conduct of community association meetings
(D) Maintaining association records
(E) Administrating association contracts, as stated in the declaration, bylaws, proprietary lease, declaration of covenants, or other governing document of the community association
"Community association manager" does not mean support staff, including, but not limited to bookkeepers, administrative assistants, secretaries, property inspectors, or customer service representatives.
"Community Association Management Agency" means a company, firm, corporation, limited liability company, or other entity that engages in the community association management business and employs, in addition to the licensee-in-charge, at least one other person in conducting such business.
(a) This Act does not apply to any of the following:
(1) Any director, officer, or member of a community association providing one or more of the services of a community association manager without compensation for such services to the association.
(2) Any person providing one or more of the services of a community association manager to a community association of 10 units or less.
(3) A licensed attorney acting solely as an incident to the practice of law.
(4) A person acting as a receiver, trustee in bankruptcy, administrator, executor, or guardian acting under a court order or under the authority of a will or of a trust instrument.
(5) A person licensed in this State under any other Act from engaging the practice for which he or she is licensed.
(b) A person may act as, or provide services as, a community association manager without being licensed under this Act if the person
(i) is a community association manager regulated under the laws of another state or territory of the United States or another country and
(ii) has applied in writing to the Department of Financial and Professional Regulation (“Department”), on forms prepared and furnished by the Department, for licensure under this Act, but only until the expiration of six months after the filing of his or her written application to the Department, his or her withdrawal of the application, he or she has received a notice of intent to deny the application from the Department, or the denial of the application by the Department.
The examination and initial education requirement … shall not apply to any person who within six months from the effective date of the requirement for licensure, as set forth in Section 170, applies for a license by providing satisfactory evidence to the Department of qualifying experience or education, as may be set forth by rule, including without limitation evidence that he or she has
(i) Practiced community association management for a period of five years or
(ii) Achieved a designation awarded by recognized community association management organizations in the state.
The Act also recognizes continuing education credits for those persons who take courses to maintain their professional real estate license.
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A Community Association Manager Board (“Board”) consisting of seven members will be appointed by the Secretary [of the Department]. Five members of the Board must be licensees under this Act, except that, initially, these members must meet the qualifications for licensure and have obtained a license within six months after the effective date of this Act. Two members of the Board shall be owners or shareholders of a unit in a community association at the time of appointment who are not licensees under this Act and have no direct affiliation or work experience with the community association manager. This Board shall act in an advisory capacity to the Department of Financial and Professional Regulation.
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Section 40, detailing the qualifications for licensure as a community association manager, includes a requirement of at least 20 classroom hours in community association management courses approved by the Board.
(a) A community association manager or the Community Association Management Agency with which he or she is employed shall not have access to and disburse funds of a community association unless each of the following conditions occur:
(1) There is fidelity insurance in place to insure against loss for theft of community association funds.
(2) The fidelity insurance is not less than all moneys under the control of the community association manager or the employing Community Association Management Agency for the association.
(3) The fidelity insurance covers the community association manager and all partners, officers, and employees of the Community Association Management Agency with whom he or she is employed during the term of the insurance coverage, as well as the association officers, directors, and employees.
(4) The insurance company issuing the fidelity insurance may not cancel or refuse to renew the bond without giving at least 10 days' prior written notice.
(5) Unless an agreement between the community association and the community association manager or the Community Association Management Agency provides to the contrary, the Association secures and pays for the fidelity insurance. The community association manager and the Community Association Management Agency must be named as additional insured parties on the association policy.
(b) A community association manager or Community Association Management Agency that provides community association management services for more than one community association shall maintain separate, segregated accounts for each community association or, with the consent of the association, combine the accounts of one or more associations, but in that event, separately account for the funds of each association. The funds shall not, in any event, be commingled with the community association manager's or Community Association Management Agency's funds. The maintenance of such accounts shall be custodial, and such accounts shall be in the name of the respective community association or community association manager or Community Association Management Agency as the agent for the association.
(c) The community association manager or Community Association Management Agency shall obtain the appropriate general liability and errors and omissions insurance, as determined by the Department, to cover any losses or claims against community association clients.
The Department may issue a license as a licensed community association manager, without the required examination, to an applicant licensed under the laws of another state if the requirements for licensure in that state are, on the date of licensure, substantially equal to the requirements of this Act or to a person who, at the time of his or her application for licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. An applicant under this Section shall pay all of the required fees.
The regulation and licensing of community association managers and Community Association Management Agencies are exclusive powers and functions of the State. A home rule unit may not regulate or license community association managers and Community Association Management Agencies. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
This law will come up for review (sunset) on January 1, 2020.
In a letter to Illinois members from Mark D. Pearlstein, Chairman of the Illinois Legislative Action Committee, Mr. Pearlstein acknowledged the members and coalition partners responsible for this passage and stated:
This is a historic day for the Illinois Chapter of CAI and the community association industry. Every member of CAI should be proud of the collaborative effort to enhance the management profession and protect the most valuable investment of community association members.
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Illinois Manager Licensing Law Likely This Year (6/09)
The hard work and efforts of the Illinois Legislative Action Committee paid off last week when both chambers of the Illinois Legislature passed the (Illinois) Community Association Manager Act in a final vote May 30, 2009. Next step: the Governor's consideration.
Effective January 1, 2008, Illinois community association managers are required (Public Act 095-0318; House Bill 1071) to maintain standards of professionalism and financial responsibility.
The law protects association boards and owners whose managers administer association funds and maintain association property. The Act creates a new Section 18.7 of the Illinois Condominium Property Act, setting standards for community association managers; it applies to managers of condominiums, cooperatives, town homes, or homeowner associations:
- Managers are individuals who administer for compensation financial, administrative, maintenance, or other duties called for in a management contract, including individuals who are direct employees of a community association (but does not include support staff such as bookkeepers, secretaries, etc.).
- Managers must be 21 and a citizen or legal permanent resident of the United States.
- Managers shall not have been convicted of forgery, embezzlement, obtaining money under false pretensions, etc.
- Managers shall have a working knowledge of the fundamentals of community association management.
- Managers must cooperate with any law enforcement agency in the investigation of a management complaint and produce any materials in their possession or control in management transition.
- Managers will not have sole and exclusive access to and disburse association funds unless there is a fidelity bond in place. The amount of the bond must not be less than all monies of that association. The bond covers the managers and all partners, officers and employees of the management firm.
- Managers shall maintain separate, segregated accounts for each community association they manage.
Through 2009 amendments to HB 401, a bill introduced by the Kentucky Real Estate Commission (KREC), community association managers and the management of condominium, townhome, and homeowner associations are excluded from the jurisdiction of the KREC. Signed by the governor March 20, 2009 and officially effective July 1st, 2009, the amendment became law as section KRS 324.2812:
324.2812 Limitation of commission's jurisdiction.
Nothing in this chapter or the administrative regulations promulgated under the authority of this chapter shall extend the jurisdiction of the Kentucky Real Estate Commission to community association managers and the management or business activities of not-for-profit community associations, which includes townhouse, condominium, homeowner, or neighborhood associations.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 58, sec. 15, effective June 25, 2009.
CAI's Heads-Up has more information and background on the history of how this exemption came to be.
The Commission for Common-Interest Communities adopts regulations governing the practice of community association managers; the Commission is within the Real Estate Division of the Nevada Department of Business and Industry. Chapter 116A Regulation of Community Managers and Other Personnel prohibits a person from acting as a community manager without certification:
"Community manager" is defined (NRS 116A.070, effective January 1, 2008) as a person who provides for or otherwise engages in the management of a common-interest community or the management of an association of a condominium hotel.
"Management of a common-interest community" means (NRS 116A.110) the physical, administrative or financial maintenance and management of a common-interest community, or the supervision of those activities, for a fee, commission or other valuable consideration.
Applicants seeking certification as a community association manager must:
- Have successfully completed at least 60 hours of instruction in courses in the management of a common-interest community that has been approved by the Commission
- Have engaged in the management of a common-interest community or has held a management position in a related area for at least 12 months preceding the date of application
- Pass an examination with a minimum score of 75 percent
- Submit two fingerprint cards completed at an authorized law enforcement facility
Both community association management and Nevada-specific law comprise the education requirements for this certificate, and CAI's Essentials of Community Association Management M100 course is one way to meet the required community association management provision.
COMMONWEALTH OF VIRGINIA COMMON INTEREST MANAGER LICENSURE REGULATIONS
In 2008, Virginia implemented a statutory based management company licensure program. As part of that program, the Common Interest Community Board (CICB) was created and charged with drafting regulations to clarify and assist with implementation of the new law. In fall of 2008, the CICB approved emergency regulations while they continued to draft, vet and publish the final regulations. During the vetting process, the Community Association Institute (CAI) actively solicited feedback from our members, worked with CAI’s Virginia Legislative Action Committee and provided official comment to the committee and CICB.
The regulations are final and are part of the permanent regulatory requirements governing licensing, replacing the initial set of emergency regulations on April 1, 2010. To assist in your understanding of the permanent regulations, we have outlined the changes below.
The provisional license expires on June 30, 2011. By June 30, 2011 all companies will need to follow all of the community manager regulations:
The major areas of the law that community association management firms need to prepare for include:
1. 18VAC48-50-30 Qualifications (professional education/designation requirements)
a. Applicants/licensees shall hold an active Accredited Association Management Company (AAMC) designation granted by Community Associations Institute (CAI)
OR
b. Applicants/licensees must have at least one supervisory employee or officer with five years of community association management experience who has successfully completed a comprehensive training program as approved by the board and at least 50% of persons who have principal responsibility for management services to a common interest community must meet one of the following.
i. Hold an active designation as a Professional Community Association Manager (PCAM) and certify having provided management services for a period of 12 months immediately preceding application;
ii. Hold an active designation as a Certified Manager of Community Associations (CMCA) by the National Board of Certification for Community Association Managers (NBC-CAM) and certify having two years of experience in providing management services. Of the required two years experience, a minimum of two years of experience must have been gained immediately preceding application;
iii. Hold an active designation as an Association Management Specialist (AMS) and certify having two years of experience in providing management services. Of the required two years experience, a minimum of 12 months of experience must have been gained immediately preceding application; or
iv. Have completed an introductory training program, as set forth in 18VAC48-50-250 A, and [passed a] certifying examination approved by the board and certify having two years experience in providing management services. Of the required two years experience, a minimum of 12 months of experience must have been gained immediately preceding application.
2. 18VAC48-50-30 Qualifications - The licensee shall submit evidence of a blanket fidelity bond or employee dishonesty insurance policy.
While this regulation is not new from the emergency regulations, it is an important component of the qualifications of an applicant. The applicant shall submit evidence of a blanket fidelity bond or employee dishonesty insurance policy in accordance with § 54.1-2346 D of the Code of Virginia (the policy shall provide coverage in an amount equal to the lesser of $2 million or the highest aggregate amount of the operating and reserve balances of all associations under control. Minimum coverage shall be $10,000). Proof of current bond or insurance policy must be submitted in order to obtain or renew the license. The bond or insurance policy must be in force no later than the effective date of the license and shall remain in effect through the date of expiration of the license.
3. 18VAC48-50-70 Annual Assessment
This regulation has changed slightly. The new regulations state that when the annual assessment due is less than $1,000, applicant/licensee shall submit documentation of gross receipts for the preceding calendar year. Documentation of gross receipts is not required when an applicant/licensee submits the maximum annual assessment amount of $1,000. Acceptable documentation may include, but is not limited to, audits, tax returns or financial statements.
4. 18VAC48-50-190 Compliance with the prohibited acts
While this regulation is not new from the emergency regulations, it has changed slightly. Below is the new list of prohibited acts.
A. The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board or Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, Chapter 4.2 (§ 55-79.39 et seq.) of Title 55 of the Code of Virginia, Chapter 24 (§ 55-424 et seq.) of Title 55 of the Code of Virginia, Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia, or Chapter 29 (§ 55-528 et seq.) of Title 55 of the Code of Virginia, or engaging in any acts enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.
2. Allowing the common interest community manager license to be used by another.
3. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.
4. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
5. Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
6. Failing to report a change as required by 18VAC48-50-150 or 18VAC48-50-170.
7. The intentional and unjustified failure to comply with the terms of the [management] contract, operating agreement, or [association] governing documents.
8. Engaging in dishonest or fraudulent conduct in providing management services.
9. Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.
10. Incompetence in providing management services.
11. Failing to handle association funds in accordance with the provisions of § 54.1-2353 A of the Code of Virginia or 18VAC48-50-160.
12. Failing to account in a timely manner for all money and property received by the regulant in which the association has or may have an interest.
13. Failing to disclose to the association material facts related to the association's property or concerning management services of which the regulant has actual knowledge.
14. Failing to provide complete records related to the association's management services to the association within 30 days of any written request by the association or within 30 days of the termination of the contract unless otherwise agreed to in writing by both the association and the common interest community manager.
15. Failing upon written request of the association to provide books and records such that the association can perform pursuant to §§ 55-510 (Property Owners Association Act), 55-79.74:1 (Condominium Act), and 55-474 (Virginia Real Estate Cooperative Act) of the Code of Virginia.
16. Commingling the funds of any association by a principal, his employees, or his associates with the principal's own funds or those of his firm.
17. Failing to act in providing management services in a manner that safeguards the interests of the public.
18. Failing to make use of a legible, written contract clearly specifying the terms and conditions of the management services to be performed by the common interest community manager. The contract shall include, but not be limited to, the following:
- Beginning and ending dates of the contract;
- Cancellation rights of the parties;
- Record retention and distribution policy;
- A general description of the records to be kept and the bookkeeping system to be used; and
- The common interest community manager's license number.
5. 18VAC48-50-200 Establishment of code of conduct
The firm shall establish and distribute to the firm's employees, principals, and agents a written code of conduct to address business practices including the appropriateness of giving and accepting gifts, bonuses, or other remuneration to and from common interest communities or providers of services to common interest communities. In accordance with clause (ii) of § 54.1-2346 E of the Code of Virginia, the code of conduct for officers, directors, and employees shall also address disclosure of relationships with other firms that provide services to common interest communities and that may give rise to a conflict of interest.
6. 18VAC48-50-210 Establishment of internal accounting controls
The firm shall establish written internal accounting controls to provide adequate checks and balances over the financial activities and to manage the risk of fraud and illegal acts. The internal accounting controls shall be in accordance with generally accepted accounting practices.
7. 18VA48-50-230 through 18VAC48-50-290 Training Programs and Examination The VA CICB has outlined two training programs; one is an introductory training program that must include 16 contact hours and the other is a comprehensive training program that must include at least 80 contact hours (one contact hour = 50 minutes). The training programs must be specific to community association management and must include specific subject areas within the profession. CAI will be submitting coursework that complies with both the introductory and comprehensive training program requirements. One of the “courses” that will be submitted to the VA CICB for approval as a comprehensive training program (80 contact hours) is the Professional Management Development Program (PMDP) courses required for the Professional Community Association Manager® (PCAM) designation. Training program applications will be reviewed by the CICB after April 1, 2010.
The Virginia Comprehensive Training Program for Community Association Managers has been approved by the Virginia Common Interest Community Manager Board to fulfill requirements for the Community Association Manager license. CAI’s classroom version of the M-100, M-201, M-202, M-203, M-204, M-205 and M-206 are approved for continuing education by the Virginia Real Estate Board.
The Virginia Comprehensive Training Program for Community Association Managers is comprised of seven courses from CAI's Professional Management Development Program:
• The Essentials of Community Association Management (M-100)
• Facilities Management (M-201)
• Association Communications (M-202)
• Community Leadership (M-203)
• Community Governance (M-204)
• Risk Management (M-205)
• Financial Management (M-206)
For information, scheduling and registration, VIEW THE BROCHURE.
IMPORTANT DATES
April 1, 2010 – New regulations go into effect
June 30, 2011 – Provisional license expires. In order to ensure continuous coverage, the provisional licensee should submit the application well before June 30th to allow time to process the new application for issuance on or before July 1, 2011. The process time is typically two to four weeks, but may be delayed if additional information is needed.
RELATED LINKS
Common Interest Community Board
Common Interest Community Manager Regulations (effective April 1, 2010)
Common Interest Community Manager Board Forms and Applications
Virginia Comprehensive Training Program for Community Association Managers
FAQs
Question: How are the permanent regulations different from the emergency regulations?
Answer: There are a number of differences between the emergency regulations and the permanent regulations. It is important to read the full permanent regulations to understand your licensure requirements as a community association management firm.
Question: Why were there emergency regulations?
Answer: The community association manger licensure program is a professional state regulatory program established by the law. The state law that passed placed the regulation of managers and associations under the purview of the Common Interest Community Board (CICB) and defined the major requirements of the licensure program. The administration of this board is housed in the state government under the Virginia Department of Professional and Occupational Regulations (DPOR). The CICB is responsible for developing the rules and regulations to administer the statute. The process by which the regulations are developed is defined by law and includes due process and vetting through the general public and various departments within the government; including a review by the Governor’s office. Since this process takes at least 18 months, emergency regulations were developed to bridge the time gap between implementation of the law and approval of final regulations.
Question: Will these permanent regulations ever change?
Answer: The CICB is already in the process of amending the permanent regulations to add the individual certification provisions that become effective July 1, 2011, in accordance with the statute. In addition, The Administrative Process Act of the Code of Virginia provides that the CICB perform a periodic review of its regulations to see if any regulations need to be amended or repealed. As the profession evolves and applicable laws are amended, the CICB can initiate the process to change the regulations as needed.
COMPARISON CHART ILLUSTRATING CHANGES FROM THE EMERGENCY REGULATIONS TO THOSE IN EFFECT APRIL 1, 2010
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Emergency Regulations |
Regulations Effective April 1, 2010 |
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18VAC48-50-30 Qualifications (education and credentials). In lieu of an AAMC: |
At least one full-time supervisory employee or officer must meet one of the following:
1. Hold an active PCAM.
2. Hold an active AMS and have five years experience.
3. Hold an active CMCA and have five years experience. |
At least one full-time supervisory employee or officer with five years experience must complete a comprehensive training program AND at least 50% of persons who have principal responsibilities for management services must meet one of the following:
1. Hold an active PCAM.
2. Hold an active AMS and have two years experience.
3. Hold an active CMCA and have two years experience. |
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18VAC48-50-70
Annual Assessment |
Applicants must submit documentation of gross receipts for the preceding calendar year. |
When the annual assessment due is less than $1,000, applicant/licensee shall submit documentation of gross receipts for the preceding calendar year. Documentation of gross receipts is not required when an applicant/licenses submits the maximum annual assessment amount of $1,000. Acceptable documentation may include, but is not limited to, audits, tax returns, or financial statements. |
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18VAC48-50-190
Prohibited Acts |
The list has changed. Please see the full list for changes. |
The list has changed. Please see the full list for changes. |
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18VAC48-50-200
Establishment of code of conduct |
Establishment of code of conduct didn’t exist in the emergency regulations. |
The firm shall establish and distribute to the firm's employees, principals, and agents a written code of conduct to address business practices including the appropriateness of giving and accepting gifts, bonuses, or other remuneration to and from common interest communities or providers of services to common interest communities. In accordance with clause (ii) of § 54.1-2346 E of the Code of Virginia, the code of conduct for officers, directors, and employees shall also address disclosure of relationships with other firms that provide services to common interest communities and that may give rise to a conflict of interest. |
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18VAC48-50-210
Establishment of internal accounting controls |
Establishment of internal accounting controls didn’t exist in the emergency regulations. |
The firm shall establish written internal accounting controls to provide adequate checks and balances over the financial activities and to manage the risk of fraud and illegal acts. The internal accounting controls shall be in accordance with generally accepted accounting practices. |
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Part V Training Programs and Examination
18VA48-50-230 through 18VAC48-50-290 |
Training programs and examinations didn’t exist in the emergency regulations. |
These regulations define the process for the board to approve courses for training for common interest community manager applicants/licensees.
Note: CAI is submitting an application for the Professional Management Development Program (PMDP) coursework for approval and feels confident that the coursework meets the published requirements. |
The Virginia Common Interest Community Board (CICB) is housed in the Department of Professional and Occupational Regulations (DPOR) in the Commonwealth of Virginia. For applications, forms, regulations and information about the CICB, visit their website at: http://www.dpor.virginia.gov/dporweb/cic_main.cfm
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