Bus. & Prof. Code §7026.1. Definitions of Contractor and Consultant; Not to Include Common Interest Development Manager

California Business and Professions Code  >  Bus. & Prof. Code §7026.0 Definitions of Contractor and Consultant; Not to Include Common Interest Development Manager

a) The term “contractor” includes all of the following:
(1) Any person not exempt under Section 7053 who maintains or services air-conditioning, heating, or refrigeration equipment that is a fixed part of the structure to which it is attached.
(2) (A) Any person, consultant to an owner-builder, firm, association, organization, partnership, business trust, corporation, or company, who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or part thereof.
(B) For purposes of this paragraph, a consultant is a person, other than a public agency or an owner of privately owned real property to be improved, who meets either of the following criteria as it relates to work performed pursuant to a home improvement contract as defined in Section 7151.2:
(i) Provides or oversees a bid for a construction project.
(ii) Arranges for and sets up work schedules for contractors and subcontractors and maintains oversight of a construction project.
(3) A temporary labor service agency that, as the employer, provides employees for the performance of work covered by this chapter. The provisions of this paragraph shall not apply if there is a properly licensed contractor who exercises supervision in accordance with Section 7068.1 and who is directly responsible for the final results of the work. Nothing in this paragraph shall require a qualifying individual, as provided in Section 7068, to be present during the supervision of work covered by this chapter. A contractor requesting the services of a temporary labor service agency shall provide his or her license number to that temporary labor service agency.
(4) Any person not otherwise exempt by this chapter, who performs tree removal, tree pruning, stump removal, or engages in tree or limb cabling or guying. The term contractor does not include a person performing the activities of a nurseryperson who in the normal course of routine work performs incidental pruning of trees, or guying of planted trees and their limbs. The term contractor does not include a gardener who in the normal course of routine work performs incidental pruning of trees measuring less than 15 feet in height after planting.
(5) Any person engaged in the business of drilling, digging, boring, or otherwise constructing, deepening, repairing, reperforating, or abandoning any water well, cathodic protection well, or monitoring well.
(b) The term “contractor” or “consultant” does not include a common interest development manager, as defined in Section 11501, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined in subdivision (d) of Section 11500. [2013]

Bus. & Prof. Code §19985. Nonprofit Entity Fundraising Through Gambling

California Business and Professions Code  >  Bus. & Prof. Code §19985. Nonprofit Entity Fundraising Through Gambling
(a) Nonprofit organizations provide important and necessary services to the people of the State of California with respect to educational and social services and there is a need to provide methods of fundraising to nonprofit organizations so as to enable them to meet their stated purposes.
 (b) The playing of controlled games for the purpose of raising funds by nonprofit organizations is in the public interest.
 (c) Uniform regulation for the conduct of controlled games is in the best interests of nonprofit organizations and the people of this state. [2006]

Bus. & Prof. Code §19986. Gambling Requirements in Nonprofit Entity Fundraising

California Business and Professions Code  >  Bus. & Prof. Code §19986. Gambling Requirements in Nonprofit Entity Fundraising
(a) Notwithstanding any other provision of state law a nonprofit organization may conduct a fundraiser using controlled games as a funding mechanism to further the purposes and mission of the nonprofit organization.
 (b) A nonprofit organization holding a fundraiser pursuant to subdivision (a) shall not conduct more than one fundraiser per calendar year, and each fundraiser shall not exceed five consecutive hours. Each fundraiser shall be preapproved by the department.  Eligible nonprofit organizations that have multiple chapters may hold one fundraiser per chapter per calendar year.
 (c) No cash prizes or wagers may be awarded to participants, however, the winner of each controlled game may be entitled to a prize from those donated to the fundraiser. An individual prize awarded to each winner shall not exceed a cash value of five hundred dollars ($500). For each event, the total cash value of prizes awarded shall not exceed five thousand dollars ($5,000).
 (d) At least 90 percent of the gross revenue from the fundraiser shall go directly to a nonprofit organization. Compensation shall not be paid from revenues required to go directly to the nonprofit organization for the benefit of which the fundraiser is conducted, and no more than 10 percent of the gross receipts of a fundraiser may be paid as compensation to the entity or persons conducting the fundraiser for the nonprofit organization. If an eligible nonprofit organization does not own a facility in which to conduct a fundraiser and is required to pay the entity or person conducting the fundraiser a rental fee for the facility, the fair market rental value of the facility shall not be included when determining the compensation payable to the entity or person for purposes of this section. This section does not preclude an eligible organization from using funds from sources other than the gross revenue of the fundraiser to pay for the administration or other costs of conducting the fundraiser.
 (e) An eligible nonprofit organization shall not conduct a fundraiser authorized by this section, unless it has been in existence and operation for at least three years and registers annually with the department. The department shall furnish a registration form on its Internet Web site or, upon request, to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary pursuant to this section on this form. This information shall include, but is not limited to, the following:
  (1) The name and address of the eligible organization.
  (2) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization.
  (3) The name and title of a responsible fiduciary of the organization.
 (f) The department shall adopt regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
 (g) The nonprofit organization shall maintain records for each fundraiser using controlled games, which shall include:
  (1) An itemized list of gross receipts for the fundraiser.
  (2) An itemized list of recipients of the net profit of the fundraiser, including the name, address, and purpose for which fundraiser proceeds are to be used.
  (3) The number of persons who participated in the fundraiser.
  (4) An itemized list of the direct cost incurred for each fundraiser.
  (5) A list of all prizes awarded during each fundraiser.
  (6) The date, hours, and location for each fundraiser held.
 (h) As used in this article, “nonprofit organization” means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code.
 (i) The department may take legal action against a registrant if it determines that the registrant has violated this section or any regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interest of the public’s health, safety, or general welfare. Any action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, or county counsel.
 (j) The department may require an eligible organization to pay an annual registration fee of up to one hundred dollars ($100) per year to cover the actual costs of the department to administer and enforce this section. The annual registration fees shall be deposited by the department into the Gambling Control Fund.
 (k) No fundraiser permitted under this section may be conducted by means of, or otherwise utilize, any gaming machine, apparatus, or device that meets the definition of a slot machine contained in Section 330b or 330.1 of the Penal Code.
 (l) No more than four fundraisers at the same location, even if sponsored by different nonprofit organizations, shall be permitted in any calendar year, except in rural areas where preapproved by the department. For purposes of this section, “rural” shall mean any county with an urban influence code, as established by the latest publication of the Economic Research Service of the United States Department of Agriculture, of “3” or more.
 (m) The authority to conduct a fundraiser, as well as the type of controlled games, may be governed by local ordinance.
 (n) No person shall be permitted to participate in the fundraiser unless that person is at least 21 years of age.
 (o) No fundraiser permitted under this section may be operated or conducted over the Internet. [2007]

Bus. & Prof. Code §19987. Gambling Entity Registration May Be Required

California Business and Professions Code  >  Bus. & Prof. Code §19987. Gambling Entity Registration May Be Required
(a) The department, by regulation or order, may require any person or entity set forth in subdivision (b), to register with the department.
 (b) “Person or entity” means one who, directly or indirectly, manufactures, distributes, supplies, vends, leases, or otherwise provides, supplies, devices, or other equipment designed for use in the playing of controlled games by any nonprofit organization registered to conduct controlled games. [2007]

Bus. & Prof. Code §11501. “Common Interest Development Manager” Defined

California Business and Professions Code  >  Bus. & Prof. Code §11501. “Common Interest Development Manager” Defined
(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. [2007]

Bus. & Prof. Code §11502. Qualifications for Manager Certification

California Business and Professions Code  >  Bus. & Prof. Code §11502. Qualifications for Manager Certification
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 Part 5 (commencing with Section 4000 of Division 4 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 laws.
   (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 for 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. [2012]

Bus. & Prof. Code §11502.5. Development of Manager Education and Examination

California Business and Professions Code  >  Bus. & Prof. Code §11502.5. Development of Manager Education and Examination
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. [2007]

Bus. & Prof. Code §11504. Annual Disclosure by Manager

California Business and Professions Code  >  Bus. & Prof. Code §11504. Annual Disclosure by Manager

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.

(f) A common interest development manager or common interest development management firm shall disclose information required in Section 5375 of the Civil Code.

(g) Whether or not the common interest development manager receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to Section 5300 of the Civil Code.

(h)   An affirmative written acknowledgment that the disclosure provided to a member or potential member pursuant to Sections 4528 and 5300 of the Civil Code, and all documents provided thereunder, are the property of the association and not its managing agent or the agent’s managing firm. [2017]