April 29, 2010, Introduced by Senator GILBERT and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1978 PA 59, entitled
"Condominium act,"
(MCL 559.101 to 559.276) by adding section 160.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 160. (1) Unless otherwise provided in this act, only
persons holding a certified manager of community associations
certification as administered by the NBC-CAM board shall manage
condominium associations in this state.
(2) To perform services as a condominium association manager
in this state, an individual shall meet all of the following
requirements:
(a) The individual shall have attained 18 years of age and be
a citizen or legal resident of the United States.
(b) The individual shall disclose any and all misdemeanor or
felony convictions or other similar offense or offenses within 10
years before applying for certification. Any conviction or guilty
plea within 10 years before the date of the application may result
in the applicant being disqualified from holding certification and
acting as a manager of condominium associations in this state.
(c) The individual shall have a working knowledge of the
fundamentals of condominium association management including
knowledge of this act, the nonprofit corporation act, 1982 PA 162,
MCL 450.2102 to 450.3192, and any other laws pertaining to
condominium associations and their management. The working
knowledge shall be demonstrated by passage of the certification
examination.
(d) The individual shall have taken the required educational
course work and earned and maintained in good standing the required
certification.
(e) The individual shall agree in writing to abide by the
standards of professional conduct as prepared by the NBC-CAM board
for this state and to fully cooperate with any investigation into
alleged breaches of the standards of professional conduct by the
individual. This agreement shall be evidenced by signature of the
individual being witnessed and notarized.
(f) The individual shall not have failed to cooperate with any
law enforcement agency in any investigation of a complaint.
(3) The NBC-CAM board, under the department of energy, labor,
and economic growth and the board of real estate brokers and
salespersons in the department of energy, labor, and economic
growth, shall administer the certification for managers of
community associations in this state in the following manner:
(a) The process for making application for certification shall
comply with the qualifications for community association manager as
set forth by the NBC-CAM board.
(b) The application process shall include a criminal
background check for each applicant to ensure applicants have not
pled guilty to or have been convicted of a felony within 10 years
before the date of the application. Any conviction or guilty plea
within 10 years before the date of the application may result in
the applicant being disqualified from holding the certification and
acting as a manager of condominium associations in this state.
(c) The application and other related fees shall be determined
by the NBC-CAM board.
(d) Before an applicant is approved to sit for the
certification examination, the NBC-CAM board shall ensure that the
applicant has satisfactorily completed all of the following
educational requirements:
(i) Receipt of a high school diploma or the equivalent general
education development certification.
(ii) The M-100: the essentials of condominium association
management offered by the community associations institute or its
equivalent as determined by the NBC-CAM board.
(iii) An 8-hour educational course that provides applicants with
a basic understanding of the statutes governing condominium
associations in this state as approved by the NBC-CAM board.
(4) The opportunity to sit for the examination to obtain the
certification shall be offered by the NBC-CAM board a minimum of 2
times per year for each eligible applicant. The NBC-CAM board shall
ensure the examination is available for administration 360 days a
year to applicants eligible to sit for the examination.
(5) The NBC-CAM board shall prepare a professional managers
code of ethics for the holders of the certification. Candidates are
permitted to take the examination to obtain the certification a
maximum of 2 times per year. Before an applicant is awarded the
certification, the NBC-CAM board shall ensure the applicant has
signed and witnessed a document attesting that the applicant agrees
to abide by the standards of professional conduct and will fully
cooperate with any investigation regarding any alleged breach of
the code of ethics.
(6) Upon successful completion of the application and
examination process, the NBC-CAM board shall provide to the
applicant and any employer or prospective employer a certification
that the applicant has successfully obtained the certified manager
of community associations certification.
(7) The term of certification shall be 2 years and renewable
for successive 2-year terms. The certification shall be suspended
if the manager loses or fails to continue to qualify for his or her
certification.
(8) The NBC-CAM board shall require that certified managers
complete the educational requirements before obtaining a renewal of
the manager's certification, which shall include an annual update
on law as may be appropriate.
(9) The department of energy, labor, and economic growth and
the board of real estate brokers and salespersons in the department
of energy, labor, and economic growth shall have the authority to
investigate, levy fines against, and take any other appropriate
regulatory or court-sanctioned action against any individual acting
as a condominium association manager under this act and who does
not hold the certification. Citizens of this state may bring a
civil cause of action in a court of competent jurisdiction against
any individual acting as a condominium association manager who does
not hold the certification required under this act and may join in
his or her action or bring a separate action against any board of
directors of a condominium association that hires a condominium
association manager who does not hold the required certification.
(10) Managers of condominium associations in this state on the
effective date of the amendatory act that added this section and
who hold the certification or the designation of professional
community association manager, association management specialist,
or certified property manager shall be deemed to have met the
requirements for certification under this act. All managers holding
1 or more designations set forth in this section are required to
comply with this act before being qualified as a certified manager
of community associations in this state. Managers of condominium
associations shall have 180 days from the effective date of the
amendatory act that added this section to fully comply with the
provisions of this act.
(11) Upon successful completion of the application and
examination process, the NBC-CAM board shall provide to the
applicant and any employer or prospective employer a certification
that the applicant has successfully obtained the certification.
(12) As used in this section:
(a) "Board of directors of a condominium association" means
the group of individuals elected to serve as the governing body of
a condominium association as provided for in the master deed and
bylaws, articles of incorporation of the condominium association,
applicable law, and this act.
(b) "Budget" means a financial plan that provides an estimate
of the revenue and expenses of a condominium association for a
specific period of time as required by the master deed and bylaws
of the condominium association or this act.
(c) "Condominium association manager" means any of the
following practices relating to the management of a condominium
association in this state performed at the direction of a board of
directors of a condominium association, and requiring substantial
specialized knowledge, judgment, and managerial skill when done for
remuneration: receiving, controlling, or disbursing funds of a
condominium association, preparing budgets or other financial
documents for a condominium association, assisting in the noticing
or conduct of condominium association meetings, coordinating
maintenance for the condominium association, and other day-to-day
services involved with the operation of a condominium association.
A person who performs clerical or ministerial functions under the
direct supervision and control of a manager holding the certified
manager of community associations certification or who is only
charged with performing the maintenance of a condominium
association and who does not assist in any of the management
services described in this subsection is not required to be
certified under this part.
(d) "NBC-CAM" means the national board of certification for
community association managers, a national nonprofit organization
whose sole purpose is to develop, maintain, and administer the
certified manager of community association certification.