Licensing & Requirements of PM

Started by SidneyP • 4 replies • 1091 views

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SidneyP (Florida)
Posts: 302

Posted:

I would like for someone to inform me where I can look up the requirements and licensing process for becoming a PM....This PM "running" and I do mean running our Association IMO has broken so many rules of the CC&R's and State, I want to read these requirements for myself. I feel she should be reported. This is one of many and the latest that she has advised and allowed our President to let tentants work on our property including electrial work w/o having any license/insurance. This is placing our Association at a great risk of a law suit. When a HO questioned this and confronted the workers, he was told by the PM to mind his own business and the phone was hung up on him....I am the treasurer and was never informed of this work being done by a tentant. As a Board member this is of great concern to me as it could very well be the Board being sued if this man and his friend got hurt.

This PM has never had our vendors fill out W-9's so our taxes were filed w/o any of this true information. I only became treasurer Mar.31st when I found this out. I have ask her repeatedly to give me this information for this year and she refuses.

Any advice would be welcome as to what I should/could do. Or should I just sit back and do nothing?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sidney,

Below is part of State Statutes 468:432 which is the CAM requirements Hope that this helps.

The 2008 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS View Entire Chapter

468.432 Licensure of community association managers and community association management firms; exceptions.--

(1) A person shall not manage or hold herself or himself out to the public as being able to manage a community association in this state unless she or he is licensed by the department in accordance with the provisions of this part. However, nothing in this part prohibits any person licensed in this state under any other law or court rule from engaging in the profession for which she or he is licensed.

(2) As of January 1, 2009, a community association management firm or other similar organization responsible for the management of more than 10 units or a budget of $100,000 or greater shall not engage or hold itself out to the public as being able to engage in the business of community association management in this state unless it is licensed by the department as a community association management firm in accordance with the provisions of this part.

(a) A community association management firm or other similar organization desiring to be licensed as a community association management firm shall apply to the department on a form approved by the department, together with the application and licensure fees required by s. 468.435(1)(a) and (c). Each community association management firm applying for licensure under this subsection must be actively registered and authorized to do business in this state.

(b) Each applicant shall designate on its application a licensed community association manager who shall be required to respond to all 1inquiries from and investigations by the department or division.

(c) Each licensed community association management firm shall notify the department within 30 days after any change of information contained in the application upon which licensure is based.

(d) Community association management firm licenses shall expire on September 30 of odd-numbered years and shall be renewed every 2 years. An application for renewal shall be accompanied by the renewal fee as required by s. 468.435(1)(d).

(e) The department shall license each applicant whom the department certifies as meeting the requirements of this subsection.

(f) If the license of at least one individual active community association manager member is not in force, the license of the community association management firm or other similar organization is canceled automatically during that time.

(g) Any community association management firm or other similar organization agrees by being licensed that it will employ only licensed persons in the direct provision of community association management services as described in s. 468.431(3).

RogerB (Colorado)
Posts: 5,067

Posted:

Sidney, the PM is hired and evaluated by the Board of Directors. If they haven't set standards within their contract that needs to be done. If your Board choses to continue with a PM who does not enforce the rules then the Board needs to be replaced and the new Board needs to hire a competent PM. The HO should not be trying to supervise an independent contractor; rather the HO needs to go through their Board. You need to bring your concerns to the Board through the process of motions and/or resolutions and force a vote. Make sure you ask to have your name recorded with your vote whenever you think there is a chance of legal action being taken against the Board/Board members.

SidneyP (Florida)
Posts: 302

Posted:

Thanks to both Donna and Roger....Roger, I know everything you say is right but as I have said on so many post. We are a community of mostly renters (60+ out of 77) These HO's seem to be living in a cave, this Board has never informed them about anything and the AOL HO's have never ask. Our President has hand picked her Board except for me. She would never let me volunteer, even when we went w/o a fifth BM for long periods of time. I still don't believe she has ever read the CC&R's, she knows nothing and when she hires a PM (3 hand picked by her) she completed lets them have full power. When something goes wrong, she hires a new one....I have looked up this PM since my first post, she does not have a PM license but has one pending. Can she run our Association under her MC's license?...Since our Board won't listen, I though I could go after her. If all reaponsibility is placed on her then she should be fulfilling her duty to the Association and following the rules of law.

Haven't we all said, that would never happen to me!...have a car wreck, get hit by a car, get mugged, get raped, ect, etc...but it can and does happen. There is no excuse for placing our Association in a position where we could be sued by using unlicensed and uninsured repair men.

This President has signed a 3 year contract w/this MC and with a 3 month pay out cancellation clause. Can we get out of this contract if we can validate all the mistakes and harm that has been brought to our Association by this PM?....I have written the DBPR and hope to receive a reply tomorrow.

KirkW1 (Texas)
Posts: 1,665

Posted:

There is a good chance that she can operate under the license of the company she works for. Also, in many states, one can operate while waiting for an application to be completed. (I don't know details about this situation though.)

As for the damages done, that is something to take up with the PM company. They can assign a different manager as well.

But your real problem isn't the PM, it is the president. I would suggest you start figuring out how you will remove her from power. Then you can resolve the real issues.

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