54.1-2349 - Powers and duties of the Board.
§ 54.1-2349. Powers and duties of the Board.
A. The Board shall administer and enforce the provisions of this chapter. Inaddition to the provisions of §§ 54.1-201 and 54.1-202, the Board shall:
1. Promulgate regulations necessary to carry out the requirements of thischapter in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.) to include but not be limited to the prescription offees, procedures, and qualifications for the issuance and renewal of commoninterest community manager licenses. The Board shall annually assess eachcommon interest community manager an amount equal to the lesser of (i)$1,000, or such other amount as the Board may establish by regulation, or(ii) five hundredths of one percent (0.05%) of the gross receipts from commoninterest community management during the preceding calendar year. For thepurposes of clause (ii), no minimum payment shall be less than $10. Theannual payment shall be remitted to the State Treasurer and shall be placedto the credit of the Common Interest Community Management Fund establishedpursuant to § 55-529;
2. Establish criteria for the licensure of common interest community managersto ensure the appropriate training and educational credentials for theprovision of management services to common interest communities. Suchcriteria may include experiential requirements and shall include designationas an Accredited Association Management Company by the Community AssociationsInstitute. As an additional alternative to such designation, the Board shallhave authority, by regulation, to include one of the following: (i)successful completion of another Board-approved training program andcertifying examination, or (ii) successful completion of a Virginia testingprogram to determine the quality of the training and educational credentialsfor and competence of common interest community managers;
3. Establish criteria for the certification of the employees of commoninterest community managers who have principal responsibility for managementservices provided to a common interest community or who have supervisoryresponsibility for employees who participate directly in the provision ofmanagement services to a common interest community to ensure the personpossesses the character and minimum skills to engage properly in theprovision of management services to a common interest community. Suchcriteria shall include designation as a Certified Manager of CommunityAssociations by the National Board of Certification for Community AssociationManagers, designation as an Association Management Specialist by theCommunity Associations Institute, or designation as a Professional CommunityAssociation Manager by the Community Associations Institute. As an additionalalternative to such designations, the Board shall have authority, byregulation, to include one of the following: (i) successful completion ofanother Board-approved training program and certifying examination, or (ii)successful completion of a Virginia testing program to determine the qualityof the training and educational credentials for and competence of theemployees of common interest community managers who participate directly inthe provision of management services to a common interest community. The feepaid to the Board for the issuance of such certificate shall be paid to theCommon Interest Community Management Information Fund established pursuant to§ 55-529;
4. Approve the criteria for accredited common interest community managertraining programs;
5. Approve accredited common interest community manager training programs;
6. Establish, by regulation, standards of conduct for common interestcommunity managers and for employees of common interest community managerscertified in accordance with the provisions of this chapter; and
7. Establish, by regulation, an education-based certification program forpersons who are involved in the business or activity of providing managementservices for compensation to common interest communities. The Board shallhave the authority to approve training courses and instructors in furtheranceof the provisions of this chapter.
B. 1. The Board shall have the sole responsibility for the administration ofthis chapter and for the promulgation of regulations to carry out therequirements thereof.
2. The Board shall also be responsible for the enforcement of this chapter,provided that the Real Estate Board shall have the sole responsibility forthe enforcement of this chapter with respect to a real estate broker, realestate salesperson, or real estate brokerage firm licensed in accordance withChapter 21 (§ 54.1-2100 et seq.) who is also licensed as a common interestcommunity manager.
3. For purposes of enforcement of this chapter or Chapter 4.2 (§ 55-79.39 etseq.), 21 (§ 55-360 et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 et seq.)of Title 55, any requirement for the conduct of a hearing shall be satisfiedby an informal fact-finding proceeding convened and conducted pursuant to §2.2-4019 of the Administrative Process Act (§ 2.2-4000 et seq.).
C. The Board is authorized to obtain criminal history record information fromany state or federal law-enforcement agency relating to an applicant forlicensure or certification. Any information so obtained is for the exclusiveuse of the Board and shall not be released to any other person or agencyexcept in furtherance of the investigation of the applicant or with theauthorization of the applicant or upon court order.
(2008, cc. 851, 871; 2009, c. 557; 2010, cc. 511, 615.)