TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The Common Interest Community Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The Common Interest Community Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC48-50. Common Interest Community Manager Regulations (amending 18VAC48-50-60, 18VAC48-50-90, 18VAC48-50-190; repealing 18VAC48-50-80).
Statutory Authority: § 54.1-2349 of the Code of Virginia.
Effective Date: November 1, 2019.
Agency Contact: Trisha Henshaw, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Summary:
The amendments (i) change Code of Virginia citations pursuant to Chapter 712 of the 2019 Acts of Assembly, which recodifies Title 55 of the Code of Virginia to a new Title 55.1, effective October 1, 2019, and (ii) update forms.
18VAC48-50-60. Fee schedule.
Fee Type | Fee Amount | | Recovery Fund Fee* (if applicable) | Total Amount Due | When Due |
Initial Common Interest Community Manager Application | $100 | + | 25 | $125 | With application |
Common Interest Community Manager Renewal | $100 | | | $100 | With renewal application |
Common Interest Community Manager Reinstatement (includes a $200 reinstatement fee in addition to the regular $100 renewal fee) | $300 | | | $300 | With renewal application |
Certified Principal or Supervisory Employee Initial Application | $75 | | | $75 | With application |
Certified Principal or Supervisory Employee Renewal | $75 | | | $75 | With renewal application |
Certified Principal or Supervisory Employee Reinstatement (includes a $75 reinstatement fee in addition to the regular $75 renewal fee) | $150 | | | $150 | With renewal application |
Training Program Provider Initial Application | $100 | | | $100 | With application |
Training Program Provider Additional Program | $50 | | | $50 | With application |
*In accordance with§ 55-530.1§ 54.1-2354.5 of the Code of Virginia. |
18VAC48-50-80. Provisional licenses. (Repealed.)
Provisional licensees must submit annual proof of current bond or insurance policy in accordance with 18VAC48-50-30 E, and are also subject to the provisions of 18VAC48-50-150 D. Failure to submit proof of current bond or insurance policy within 30 days of the request by the board shall result in the automatic suspension of the license.
Part IV
Renewal and Reinstatement
18VAC48-50-90. Renewal required.
A license issued under this chapter shall expire one year from the last day of the month in which it was issued. A certificate issued under this chapter shall expire two years from the last day of the month in which it was issued. A fee shall be required for renewal. In accordance with § 54.1-2346 F of the Code of Virginia, provisional licenses shall expire on June 30, 2012, and shall not be renewed.
18VAC48-50-190. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board or; Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, Chapter 4.2 (§ 55-79.39 et seq.) of Title 55 of the Code of Virginia, Chapter 24 (§ 55-424 et seq.) of Title 55 of the Code of Virginia, Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia, or Chapter 29 (§ 55-528 et seq.) of Title 55 of the Code of Virginia,; or Chapter 18 (§ 55.1-1800 et seq.), Chapter 19 (§ 55.1-1900 et seq.), or Chapter 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia or engaging in any acts enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.
2. Allowing a license or certificate issued by the board to be used by another.
3. Obtaining or attempting to obtain a license or certificate by false or fraudulent representation, or maintaining, renewing, or reinstating a license or certificate by false or fraudulent representation.
4. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
5. Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
6. Failing to report a change as required by 18VAC48-50-150 or 18VAC48-50-170.
7. The intentional and unjustified failure to comply with the terms of the management contract, operating agreement, or association governing documents.
8. Engaging in dishonest or fraudulent conduct in providing management services.
9. Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.
10. Egregious or repeated violations of generally accepted standards for the provision of management services.
11. Failing to handle association funds in accordance with the provisions of § 54.1-2353 A of the Code of Virginia or 18VAC48-50-160.
12. Failing to account in a timely manner for all money and property received by the regulant in which the association has or may have an interest.
13. Failing to disclose to the association material facts related to the association's property or concerning management services of which the regulant has actual knowledge.
14. Failing to provide complete records related to the association's management services to the association within 30 days of any written request by the association or within 30 days of the termination of the contract unless otherwise agreed to in writing by both the association and the common interest community manager.
15. Failing upon written request of the association to provide books and records such that the association can perform pursuant to §§ 55-510 §§ 55.1-1815 (Property Owners' Association Act), 55-79.74:1 (Condominium Act) 55.1-1945 (Virginia Condominium Act), and 55-474 55.1-2151 (Virginia Real Estate Cooperative Act) of the Code of Virginia.
16. Commingling the funds of any association by a principal, his employees, or his associates with the principal's own funds or those of his firm.
17. Failing to act in providing management services in a manner that safeguards the interests of the public.
18. Advertising in any name other than the name or names in which licensed.
19. Failing to make use of a legible, written contract clearly specifying the terms and conditions of the management services to be performed by the common interest community manager. The contract shall include, but not be limited to, the following:
a. Beginning and ending dates of the contract;
b. Cancellation rights of the parties;
c. Record retention and distribution policy;
d. A general description of the records to be kept and the bookkeeping system to be used; and
e. The common interest community manager's license number.
20. Performing management services or accepting payments prior to the signing of the contract by an authorized official of the licensed firm and the client or the client's authorized agent.
NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (18VAC48-50)
Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v2 (rev. 10/2018)
Common Interest Community Manager License Application, A492-0501LIC-v3 (rev. 7/2019)
Common Interest Community Manager License Renewal Application, A492-0501REN-v4 (rev. 11/2019)
Common Interest Community Manager Training Program Approval Application, A492-05TRAPRV-v3 (rev. 10/2018)
Experience Verification Form, A492-0501_10EXPv2 (rev. 10/2018)
Common Interest Community Manager License Renewal Application, A492-0501REN-v3 (rev. 7/2019)
Common Interest Community Manager License Application, A492-0501LIC-v4 (rev. 11/2019)
Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v2 (rev. 10/2018)
Principal or Supervisory Employee Certificate Renewal Form, A492-0510REN-v2 (rev. 10/2018)
Common Interest Community Manager Application Supplement Comprehensive Training Program Equivalency Form, A492-0501TREQ-v2 (rev. 10/2018)
VA.R. Doc. No. R20-5976; Filed September 10, 2019, 10:02 a.m.