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California Business and
Professions Code. Division 4. Real Estate
Part 4. Certified common
interest development manager
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11500.
For purposes of
this chapter, the following definitions
apply:
(a) "Common interest development" means a residential development
identified in subdivision (c) of Section 1351 of the Civil Code.
(b) "Association" has the same meaning as defined in subdivision
(a) of Section 1351 of the Civil Code.
(c) "Financial services" means acts performed or offered to be
performed, for compensation, for an association, including, but not
limited to, the preparation of internal unaudited financial
statements, internal accounting and bookkeeping functions, billing of
assessments, and related services.
(d) "Management services" means acts performed or offered to be
performed in an advisory capacity for an association including, but
not limited to, the following:
(1) Administering or supervising the collection, reporting, and
archiving of the financial or common area assets of an association or
common interest development, at the direction of the association's
board of directors.
(2) Implementing resolutions and directives of the board of
directors of the association elected to oversee the operation of a
common interest development.
(3) Implementing provisions of governing documents, as defined in
Section 1351 of the Civil Code, that govern the operation of the
common interest development.
(4) Administering association contracts, including Insurance
contracts, within the scope of the association's duties or with other
common interest development managers, vendors, contractors, and
other third-party providers of goods and services to an association
or common interest development.
(e) "Professional association for common interest development
managers" means an organization that meets all of the following:
(1) Has at least 200 members or certificants who are common interest
development managers in California.
(2) Has been in existence for at
least five years.
(3) Operates pursuant to Section 501(c) of the
Internal Revenue Code.
(4) Certifies that a common interest development
manager has met the criteria set forth in Section 11502 without
requiring membership in the association.
(5) Requires adherence to a
code of professional ethics and standards of practice for certified
common interest development managers.
11501.
(a) "Common interest
development manager" means an individual who for compensation, or in
expectation of compensation, provides or contracts to provide management
or financial services, or represents himself or herself to act in the
capacity of providing management or financial services to an
association. Notwithstanding any other provision of law, an individual
may not be required to obtain a real estate or Broker's License in order
to perform the services of a common interest development manager to an
association. (b) "Common interest development manager" also means any of
the following:
(1) An individual who is a partner in a partnership, a
shareholder or officer in a corporation, or who, in any other business
entity acts in a capacity to advise, supervise, and direct the activity
of a registrant or provisional registrant, or who acts as a Principal on
behalf of a company that provides the services of a common interest
development manager.
(2) An individual operating under a fictitious
business name who provides the services of a common interest development
manager. This section may not be construed to require an association to
hire for compensation a common interest development manager, unless
required to do so by its governing documents. Nothing in this part shall
be construed to supersede any law that requires a License, permit, or
any other form of registration, to provide management or financial
services. Nothing in this section shall preclude a Licensee of the
California Board of Accountancy from providing financial services to an
association within the scope of his or her License in addition to the
preparation of reviewed and audited financial statements and the
preparation of the association's tax returns.
11502.
In order to be
called a "certified common interest development manager," a person shall
meet one of the following requirements:
(a) Prior to July 1, 2003, has
passed a knowledge, skills, and aptitude examination as specified in
Section 11502.5 or has been granted a certification or a designation by
a professional association for common interest development managers, and
who has, within five years prior to July 1, 2004, received instruction
in California law pursuant to paragraph (1) of subdivision (b).
(b) On
or after July 1, 2003, has successfully completed an educational
curriculum that shall be no less than a combined 30 hours in coursework
described in this subdivision and passed an examination or examinations
that test competence in common interest development management in the
following areas:
(1) The law that relates to the management of common
interest developments, including, but not limited to
the following
courses of study:
(a) Topics covered by the
Davis-Stirling Common Interest Development Act, contained in Title 6 (commencing with Section 1350)
of Part 4 of Division 2 of the Civil Code, including, but not limited
to, the types of California common interest developments, disclosure
requirements pertaining to common interest developments, meeting
requirements, financial reporting requirements, and member access to
association records.
(b) Personnel issues, including, but not limited to:
general
matters related to independent contractor or employee status, the
laws on harassment, the Unruh Civil Rights Act, the California Fair
Employment and Housing Act, and the Americans with Disabilities Act.
(c) Risk management, including, but not limited to:
Insurance
coverage, maintenance, operations, and emergency preparedness.
(d) Property protection for associations, including, but not
limited to, pertinent matters relating to environmental hazards such
as asbestos, radon gas, and lead-based paint, the
Vehicle Code, local
and municipal regulations, family day care facilities, energy
conservation, Federal Communications Commission rules and
regulations, and solar energy systems.
(e) Business affairs of associations, including, but not limited
to, necessary compliance with federal, state, and local law.
(F) Basic understanding of governing documents, codes, and
regulations relating to the activities and affairs of associations
and common interest developments.
(2) Instruction in general management that is related to the
managerial and business skills needed for management of a common
interest development, including, but not limited to, the following:
(a) Finance issues, including, but not limited to budget
preparation; management; administration or supervision of the
collection, reporting, and archiving of the financial or common area
assets of an association or common interest development; bankruptcy
laws; and assessment collection.
(b) Contract negotiation and administration.
(c) Supervision of employees and staff.
(d) Management of maintenance programs.
(e) Management and administration of rules, regulations, and
parliamentary procedures.
(F) Management and administration of architectural standards.
(G) Management and administration of the association's
recreational programs and facilities.
(H) Management and administration of owner and resident
communications.
(I) Training and strategic planning for the association's board of
directors and its committees.
(J) Implementation of association policies and procedures.
(K) Ethics, professional conduct, and standards of practice for
common interest development managers.
(L) Current issues relating to common interest developments.
(M) Conflict avoidance and resolution mechanisms.
11502.5.
The course related competency examination or examinations
and education provided to a certified common interest development
manager pursuant to Section 11502 by any professional association for
common interest development managers, or any postsecondary
educational institution, shall be developed and administered in a
manner consistent with standards and requirements set forth by the
American Educational Research Association's "Standards for
Educational and Psychological Testing," and the Equal Employment
Opportunity Commission's "Uniform Guidelines for Employee Selection
Procedures," the Unruh Civil Rights Act, the California Fair
Employment and Housing Act, and the Americans with Disabilities Act
of 1990, or the course or courses that have been approved as a
continuing education course or an equivalent course of study pursuant
to the regulations of the Real Estate Commissioner.
11503.
A "certified common interest development manager" does not
include a common interest development management firm.
11504.
On or before September 1, 2003, and annually thereafter, a
person who either provides or contemplates providing the services of
a common interest development manager to an association shall
disclose to the board of directors of the association the following
information:
(a) Whether or not the common interest development manager has met
the requirements of Section 11502 so he or she may be called a
certified common interest development manager.
(b) The name, address, and telephone number of the professional
association that certified the common interest development manager,
the date the manager was certified, and the status of the
certification.
(c) The location of his or her primary office.
(d) Prior to entering into or renewing a contract with an
association, the common interest development manager shall disclose
to the board of directors of the association or common interest
development whether the fidelity Insurance of the common interest
development manager or his or her employer covers the current year's
operating and reserve funds of the association. This requirement
shall not be construed to compel an association to require a common
interest development manager to obtain or maintain fidelity
Insurance.
(e) Whether the common interest development manager possesses an
active real estate License.
This section may not preclude a common interest development
manager from disclosing information as required in Section 1363.1 of
the Civil Code.
11505.
It is an unfair business practice for a common interest
development manager, a company that employs the common interest
development manager, or a company that is controlled by a company
that also has a financial interest in a company employing that
manager, to do any of the following:
(a) On or after July 1, 2003, to hold oneself out or use the title
of "certified common interest development manager" or any other term
that implies or suggests that the person is certified as a common
interest development manager without meeting the requirements of
Section
11502.
(b) To state or advertise that he or she is certified, registered,
or Licensed by a governmental Agency to perform the functions of a
certified common interest development manager.
(c) To state or advertise a registration or License number, unless
the License or registration is specified by a statute, regulation,
or ordinance.
(d) To fail to comply with any item to be disclosed in Section
11504 of this Code, or Section 1363.1 of the Civil Code.
11506.
This part shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This part shall remain in
effect only until January 1, 2015, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
2015, deletes or extends that date.
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