Other Licensed Jurisdictions in Canada Alberta B.C.
Other Licensed Jurisdictions in North America AlaskaCaliforniaConnecticutDistrict of ColumbiaFloridaGeorgiaIllinoisNevadaVirginia
Alaska 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
California Having the CCAM (Certified Community Association Manager) designation offered by the California Association of Community Managers (CACM) will qualify under this provision. Subsequently, managers must have at least taken a California law class as defined in the Manager Certification every five years.
Connecticut • 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
District of Columbia • 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 • Most community association managers practicing in the District of Columbia are not required to obtain the "property manager" license.
Florida • A community association manager is defined as: a person who is licensed to perform community association management services. • A person who performs clerical or ministerial functions under direct supervision 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.
Georgia • Community association managers (CAMs) are licensed under the Georgia Real Estate Commission • 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,
Illinois • This state requires minimum qualifications for licensure, provides financial security to associations, imposes discipline for manager misconduct, and requires continuing education to renew a license. • 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. • The examination approved by the Department should utilize the basic principles of professional testing standards utilizing psychometric measurement.
Nevada • 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
Virginia • Licensing requirements for Firms and Individuals include: • 1. Qualifications (professional education/designation requirements) • 2. Qualifications - The licensee shall submit evidence of a fidelity bond or employee dishonesty insurance policy. • 3. Annual Assessment • 4. Compliance with the prohibited acts • 5. Establishment of code of conduct • 6. Establishment of internal accounting controls • 7. Training Programs and Examination
The link for a full review of the requirements in various states is: http://www.nbccam.org/cmca/state.cfm
The primary aim of any planned regulation of the condominium management profession is to provide a measure of assurance to the public that those charged with managing the day to day operations of their corporation have the integrity to represent the profession
The Board of Directors considered three possible options: • The regulating body could be ACMO • The regulating body could be the Government • The regulating body would be another existing body • (i.e. Real Estate Board)
The Board considered that there are no existing locations in North America where the Condominium Management profession is regulated by a professional Association similar to ACMO. • In addition the use of ACMO as a licensing body for the profession would require the passing of another Act to outline the guidelines under which ACMO could assume those responsibilities. • There would be a significant learning curve for ACMO to undertake in order to be prepared for the new responsibilities that would be thrust upon us.
The Board expressed no interest in making the Condominium Management profession subject to the Real Estate Council in Ontario. • This model has been used in other North American jurisdictions primarily because there was no existing body equipped to provide the education, training and testing required to act as a regulatory body. • In Canada neither BC or Alberta had an Association as advanced and prepared to train and certify professionals as ACMO.
The Board felt that creating a “shopping list” of requirements would enable the Government to provide a license without significant cost or infrastructure.
The Basic Proposal • In Ontario each individual receiving a license to manage a Condominium must: • Be at least 18 years of age • Not be an un-discharged bankrupt • Not be a mentally incompetent person • Not have been found guilty of fraud, theft over $1,000, breach of trust (other applicable charges can be added to this list) • Complete at least 8 hours of instruction on compliance with the Condominium Act and pass an exam on the curriculum • Receive their RCM designation within 5 years of receiving their license.
The Basic Proposal • In Ontario each company entering into a contract to manage a Condominium must: • Ensure that every Officer and Director of that company must be a licensed condominium manager in Ontario; or • The company must have their ACMO2000 designation
Discussion • Please keep your comments concise in the interest of time… • Please be respectful of others opinions…
The Basic Proposal • In Ontario each individual receiving a license to manage a Condominium must: • Be at least 18 years of age • Not be an un-discharged bankrupt • Not be a mentally incompetent person • Not have been found guilty of fraud, theft over $1,000, breach of trust (other applicable charges can be added to this list) • Complete at least 8 hours of instruction on compliance with the Condominium Act and pass an exam on the curriculum • Receive their RCM designation within 5 years of receiving their license. • In Ontario each company entering into a contract to manage a Condominium must: • Ensure that every Officer and Director of that company must be a licensed condominium manager in Ontario; or • The company must have their ACMO2000 designation