Person prohibited from acting as community manager without permit or certificate; regulations governing standards of practice; investigations; disciplinary action; exceptions.
1. Except as otherwise provided in this section, a person shall not act as a community manager unless the person holds a permit or a certificate.
2. The Commission shall by regulation provide for the standards of practice for community managers who hold permits or certificates.
3. The Division may investigate any community manager who holds a permit or certificate to ensure that the community manager is complying with the standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if the Commission or a hearing panel, after notice and hearing, finds that a community manager who holds a permit or certificate has violated any provision of this chapter or any of the standards of practice adopted by the Commission, the Commission or the hearing panel may take appropriate disciplinary action against the community manager.
5. In addition to any other remedy or penalty, the Commission may:
(a) Refuse to issue a certificate to a person who has failed to pay money which the person owes to the Commission or the Division.
(b) Refuse to renew, or suspend or revoke, the certificate of a person who has failed to pay money which the person owes to the Commission or the Division.
6. The provisions of this section do not apply to:
(a) A financial institution that is engaging in an activity permitted by law.
(b) An attorney who is licensed to practice in this State and who is acting in that capacity.
(c) A trustee with respect to the property of the trust.
(d) A declarant, an affiliate of the declarant and any officers or employees of the declarant or an affiliate of the declarant when engaging in the management of a common-interest community during the period in which the declarant controls that common-interest community.
(e) A receiver with respect to property subject to the receivership.
(f) A member of an executive board or an officer of an association who is acting solely within the scope of his duties as a member of the executive board or an officer of the association.
Last modified: February 27, 2006