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]

Bus. & Prof. Code §11505. Unfair Business Practices

California Business and Professions Code  >  Bus. & Prof. Code §11505. Unfair Business Practices
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 5375 of the Civil Code. [2012]

Bus. & Prof. Code §11287. Punishment for Violation of Specific Sections of Act

California Business and Professions Code  >  Bus. & Prof. Code §11287. Punishment for Violation of Specific Sections of Act
 Any person who violates Section 11226, 11227, 11234, 11244, 11245, or 11283, is guilty of a public offense punishable by a fine not to exceed ten thousand dollars ($10,000), by imprisonment in the state prison or in a county jail not exceeding one year, or by both the fine and imprisonment. [2004]

Bus. & Prof. Code §11286. Penalties for Fraudulent Public Report

California Business and Professions Code  >  Bus. & Prof. Code §11286. Penalties for Fraudulent Public Report
 (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report that is forged, altered, false, or counterfeit, knowing it to be forged, altered, false, or counterfeit or to cause to be made or participate in the making, issuance, delivery, transfer, or publication of a public report with knowledge that it is forged, altered, false, or counterfeit.
 (b) Any person who violates subdivision (a) is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison, by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
 (c) The penalty provided by this section is not an exclusive penalty, and does not affect any other penalty, relief, or remedy provided by law. [2004]

Bus. & Prof. Code §11500. Definitions

California Business and Professions Code  >  Bus. & Prof. Code §11500. Definitions
For purposes of this chapter, the following definitions apply:
 (a) “Common interest development” means a residential development identified in Section 4100 of the Civil Code.
 (b) Association” has the same meaning as defined in Section 4080 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 4150 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. [2012]